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Home My WebLink About20022407.tiff t� DEPARTMENT OF PLANNING SERVICES 1555 NORTH1 "AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us COLORADO E-MAIL: rranderson @co.weld.co.us PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 Date: January 15, 2001 To: Elected and Appointed Officials, Planning Departments and Interested parties, From: Weld County Department of Planning Services, Robert Anderson (Long Range Planner) Subj: "Weld County Comprehensive Plan revisions as recommended by the Comprehensive Plan Rewrite Committee" Attached for your review, consideration as well as comments are the revisions to the Weld County Comprehensive Plan as recommended by the Comprehensive Plan Rewrite Committee. Your early comments are both solicited and appreciated but must be received, by the Department of Planning Services, no later than January 25, 2001 (Fax, phone, email and address are listed above). Our apologies for the short notice. If your comments are not received by this date you are encouraged to present them in the public hearing portion of the Planning Commission Hearing which is scheduled in Room 210 at 10:00 am, February 5, 2002 at 1555 N. 17th Avenue Greeley, CO 80631. The Department of Planning Services is preparing a response to the proposed revision and will post a preliminary draft of its comments on the website as soon as its available or a copy may be obtained after January 28, 2002. The attached document contains both the current Comprehensive Plan and the Committee's recommended changes, additions or deletions. Printing costs prohibit colorization and so the following legend is intended to assist the reader in their review of the black and white copy: Sample text Indicates the current document as well as unchanged information Sample text Strike out indicates a committee recommended deletion Sample text Indicates new material or material not previously in its present location The Weld County Comprehensive Plan revisions as recommended by the Comprehensive Plan Rewrite Committee is available on the County Website(www.co.weld.co.us)under Legal Notices. The draft version on the web must be compared with the current Comprehensive Plan(also on the website under Policies and Ordinances - Chapter 22) as the web version of the proposed changes does not include the current document or proposed changes. An annotated copy containing the current plan combined with the proposed changes, omissions and deletions may be viewed at the Department of Planning Services Offices at 1555 N. 17th Avenue, Greeley, CO 80631. Should you have questions or need further assistance, please do not hesitate to contact me at the numbers listed above. 2002-2407 EXHIBIT I 4 . CHAPTER 22 Comprehensive Plan Preface Summary of Weld County Comprehensive Plan DPS recommendation: Move entire Preface to Appendix section Article I General Provisions Sec 22-1-10 Definition of Comprehensive Plan Sec 22-1-20 Relationship to documents Sec 22-1-30 Guiding principals Sec 22-1-40 Principal plan components Sec 22-1-50 Planning process Sec 22-1-60 Comprehensive plan amendment procedure Sec 22-1-70 Location Sec 22-1-80 County population Sec 22-1-90 County economy &c 22-1-100 Sc1c.t d ecuaux it,utdn,atuto Article II Land Use Categories Sec 22-2-16 Existing Land Use Sec 22-2-2¢¢ Future Land Use Sec 22-2-30 Agriculture Sec 22-2-40 Agricultural industry and benefits Sec 22-2-50 Concerns of farming as an industry Sec 22-2-60 Agricultural goals and policies Sec 22-2-70 Urban development Sec 22-2-80 Concerns of Development Sec 22-2-90 Benefits of urban development Sec 22-2-100 Urban growth boundaries Sec 22-2-110 Urban growth boundaries goals and policies Sec 22-2-120 Unincorporated communities Sec 22-2-130 Unincorporated community goals and policies Sec 22-2-140 Industrial development Sec 22-2-150 Industrial development goals and policies Sec 22-2-160 Commercial development Sec 22-2-170 Commercial development goals and policies Sec 22-2-180 Residential development Sec 22-2-190 Residential development goals and policies Sec 22-2-200 Planned unit development Sec 22-2-210 Planned unit development goals and policies Sec 22-2-220 I-25 Mixed Use Development(MUD)area and urban development nodes &c 22 2 230 MUD ottuctuial laud inc.plait Sec 22-2-240 RitiLiF c3 fot cuuunuuity ottuctutc and giuwth Sec 22-2-230 MUD goals and policies Article III Land Use Amenities Sec 22-3-10 Public facilities and services Sec 22-3-20 Fire Protection Sec 22-3-30 Law enforcement Sec 22-3-40 Public facilities general requirements Sec 22-3-50 Public facilities and service goals and policies Sec 22-3-60 Transportation Sec 22-3-70 Road classifications Sec 22-3-80 Pedestrian and bicycle paths EXHIBIT 1 6 Sec 22-3-90 Scenic road byways Sec 22-3-100 Regional plans Sec 22-3-110 U.S. 85 Corridor Sec 22-3-120 Air transportation Sec 22-3-130 Rail transportation Sec 22-3-140 Transportation goal and policies Article IV Environmental Resources Sec 22-4-10 Purpose Sec 22-4-20 Water quality Sec 22-4-30 Water goals and policies Sec 22-4-40 Air Sec 22-4-50 Air goals and policies Sec 22-4-60 Noise Sec 22-4-70 Noise goals and policies Sec 22-4-80 Waste Sec 22-4-90 Transfer,processing and diversion Sec 22-4-100 Transfer,processing and diversion goals and policies Sec 22-4-110 Final disposal Sec 22-4-120 Final disposal goals and policies Sec 22-4-130 Exploration and production waste Sec 22-4-140 Exploration and production waste goals and policies Sec 22-4-150 Biosolids and septage Sec 22-4-160 Biosolids and septage goals and policies Sec 22-4-170 Hazardous waste Sec 22-4-180 Hazardous waste goals and policies Sec 22-4-190 Agricultural waste Sec 22-4-200 Agricultural waste goals and policies Article IV Natural Resources Sec 22-5-10 Purpose Sec 22-5-20 Wildlife Sec 22-5-30 Wildlife goals and policies Sec 22-5-40 Open space,parks and recreation Sec 22-5-50 Open space,parks and recreation goals and policies Sec 22-5-60 General resources Sec 22-5-70 Commercial and mineral deposits Sec 22-5-80 Commercial and mineral resource deposits goals and policies Sec 22-5-90 Oil and gas deposits Sec 22-5-100 Oil and gas deposits goals and policies Appendixes Appendix 22-A Population statistics Appendix 22-B Existing land use Appendix 22-C Number of acres in municipalities in Weld County Appendix 22-D Municipalities population Appendix 22-E Right to Farm statement Appendix 22-F Tax limitations Appendix 22-G Definitions Appendix 22-H Mixed Use Development Area(MUD)Land Use Plan Distribution Appendix 22-I Sources 2 History of Amendments Ordinance# Effective Date Description 147 1/13/87 Original Document(Comprehensive Plan) 147-A 9/22/87 Addition of Mineral Resources;Environmental and Natural Resources,Open Space,Parks and Recreation;and the Weld County Economy Section 147-B 3/24/92 Conceptual Land Use Plan Map and 1-25 Mixed Use Development(MUD)Area and Activity Centers Map Revision 147-C Tabled 147-D 5/8/95 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision 147-E 5/15/95 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision 147-F 5/31/95 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision 147-G 11/21/95 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan 147-H 7/30/96 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision 147-I 8/27/96 Environmental section revision 147-J 10/22/96 Technical amendments;add Table 5,Land Use Plan Distribution;Mixed Use Development revisions 147-K 4/22/97 Wildlife Habitat Map revision 147-L 7/8/97 Structural Land Use Map 2.1 revision 147-M 2/8/98 Agriculture goal and policy revisions 147-N 4/13/98 Agriculture goal and policy revisions 147-O 8/31/98 Agriculture goal and policy revisions 147-P 3/25/99 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map revision 147-Q 10/31/00 Structural Land Use Map 2.1 revision;Urban Growth Boundary map revision;Table 22.4,Land Use Plan Distribution;Art.I,General provisions;Art.II,Land use categories;Art.III,land use amenities;Art.IV;Environmental resources;Appendix transportation definitions,right to farm covenant 2001-1 thru 8 ??/??/?? Weld County Codification 2001 C lurk to the Board to elai ify format&requiled lion-nation 2002-? ??/??/?? Fundamental revision of Comprehensive Plan,repeal and readoption of Plan reeN Preface:Sumrtiartik'!ofWeld:County Comprehensive Plan UPS recommendation: Move entire prethce to Appendix Introduction: Early in 2001;the Weld County Board of County Commissioners seleeted a committee of 13,rrsidents oftheCounty and directed them to review.and. Weld �'�update the :Couiity 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 frori 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;a►►'d is expected to continue in the foreseeable future,so it is important for the County to update and revise the Comprehensive Plan and other land use policies to`assure alignment with these projections. As elected representatives:of the citizens of Weld Cot nty,the Commissioners' So expressed their desire to update and revise the Plan,and discussed their expectations with each member daring the selection process. The results of this effort are compiled in the accompanying draft of the 2002 Weld County Comprehensive Plan. This Executi<re Summary is intended to present an overview of the Plan and outline the components of the Plan, The Weld County Comprehensive Plan(WCCP)is a document that serves as the foundation of all land use and development regulations in the County. The WCCP is adopted by the Board of County Commissioners as an ordinance that is the basis for the rules and regulations that govern planning,zoning,subdivisions and land use. Supplemental to the WCCP are the'zoning ordinances,development standards and requirements,subdivision procedures and policies, and other documents;all of which combine to make the framework used by the County government to manage growth in Weld County. The WCCP is comprised of Ove't57'Articles'and an Appendix: The'Articles�are: I General Provisions II Land Use Categories III Land Use Amenities IV' Environmental Resources `Natural Resources This Executive Summary will present thelilghlights of.each of these Articles. :It is,important to note that each Article has many sections and a thorough reading.ot'.tliei WCCP is essential to fully understand the substance of the document M'1 cL1r.I GtIO:k4:T;PRO SIGNS: 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\ C CP ,These'principles establish the philosophical foundation of the plan and help to clarify the intent:of the P.,latt The Guiding..lPrincipl1s,`are; One of the basic'pruicipl n ivhx the United,!States was founded and continues to preserve is the right for citizens to own and utilize their property. Private property:rights:'are notunlimited rights but rather rights balanced with the responsibility Of protecting con'm ity'.health:and safety. It is the goal of the Comprehensive Plan to express the needs and vision Of'a developincounty,while protecting individual property rights. B: •Respectifbr 0di,1 g 41140 • e �, �.. Weld County has an agricultural:heritage;as re#Iectecl 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 4 :r. 1. Ili :.,.. •F�;". accommodate residential,commercial and industrial des elopment,! sthese new-land uses evolve,it is important that the established agricultural businesses and associated infrastructures are allowed to continue to operate. Individuals that move into these areas must realize that they will experience conditions and services unlike an urban setting:and must be'willing.to accept this lifestyle. C. Fat} igss m the Land L'T4e Change Procedure Weld County has established various regulations for the pxoces$of land use clian ge. This process must be fair and equitable to all parties in the'following,ways: 1. It Is a timely process. 2. It is an open process to facilitate public information and input. 3. It provides open communication through the development reYiew process to•neighbors and. comities most impacted by proposed changes. 4. It.maintains consistent requirements coupled with flexibility within the iniplenientation' criteria. 5. Itallowseasy access to information about the process so affected parties*nay be adequately educated.. 6.. lthaa an established appeal process. 7. It allows for approval when all written criteria of the land use regulations are met and should not be denied solely on the basis of public sentiment. D. Recognition of Weld County's Diversity Weld County's 4000 square mile area is diverse geographically,socially'and economically: Land use changes therefore mustafford flexibility based on the specific location and the partictillar circumstances encountered within this local t 'lt is also important.to weigh the cumulative impacts that Specific'land'use changes will have. E.'kegulations Addressing Land Use Changes Should Facilitate the Achievement of the'Highest and Best Use for the Stibject'PrgPerties Land;use regulations which address land use changes should be written la,Stbacc as tg accommodate the highest and best use as determined by the property owner. The term"highest and best use"is defrined;as. "the use,from among reasonably probable and legal alternative uses,found to be physically possible,appropriately supported,tinancially feasible,that results in highest land value. . ." F. Economic Prosperity Land use olicies should facilitate and co limenf 'i. �, , �;i .r ' , :.,... : t p mp a'diwer�e'�giji�atliC toy ri �nd,iEia�xi'toiiaze:witla' ssociated Another important part of the General Provisions is in the Section entitled``Planning Process:" This Section deals'with the interaction of the County,_oth'ef,agencies of the Federal, State;:and Local governments; citizens interested in land use matters,and the applicant proposing a land use change of a property its wlich_they have an interest. To ensure the highest level of courtes helfulness,and pro fessio ltsrn.between all ,arties;the County p Fes. . P will rely on the following five principles in processing any land use matter: 1 T'he County will encourage citizen'participation in't a pltl.mmn$process. 2. The County will encourage and promote coordination and cooperation between Federal,State,and local government entities charged with making,decisions which significantly affect land uses in Unincorporated Weld County. 3: the County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as much as possible. 4: The County will rely!upon referral responses froitiprofessionals in making recommendations on land app)jiaipnsc (�• Irj r� II 'u t 11,x..�.,;�. i. L.. , ... L.._;•. 5. The County will cooperate with the applicant to'achieve the objeChves of the applicant while ensuring the health.and.safety. of County residents. AtiOttiti LANU'USE'CATEGOR.IES 5 This Article lists land use categories such as';`'' Culture.Iiictustrial,Commercial,.Resid•etiti•al�d'••Mixed'Use;and •it includes a variety of Goals and Policies associated with each category. Please note that there is ao pri•oritization of the Goals and Policies:'Each is equally weighted. Also discussed m 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 landowners will be included in community,regional and county planning. The cooperative efforts of these.differing j urisdictions are essential to coordinating growth m all areas ofthe comit y;and the methods`o f defining the stiles 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. The first two sections of the Article are.Existinit Land Use and Future Land Use:`Presently,Weld.County is experiencing rapid growth in the southern and western parts of the county,a,.,Most.of:this growth,is associated with ag essive expansions of towns in the county. The eastern and northen pacts of the county are growing at a more moderate pace,and many communities'in these parts,of the county are experteneing,difficult economic times. These factors,and others,combine to create a conflict between the desire to support.agriculture and the economic pressures on landowners to sell or develop their agricultural lands. Supporting agriculture will continue to be a significant goal of Weld County,but it is recognized that the conversion of agricultural lands to other uses will continue. The pattern and quality of growth,iu the fiittue will.be`guided`by the WCCP. By following the Guiding Principles and applying the e&Goals andPolicies of the'Plan;lthe'futine land uses in Weld,Cou ty.will result in: I Urban growth occurring«here it is appropriate. 2. Development outside of municipalities will occur only at the intensity that can supported. 3. Agriculture will be supported and will continue as a mainstay of the:County: 4. All future land uses:. ill be consideredwith an eye on,quality. As described above,there are several land use categories with each category having associated Goals and The following is a summary of each category: Atri'iculture} 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 agriculturalfpurposes 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 Zone1piStrict: Conversion of agricultural lands to Durban:uses:will be considered,but only in the areas iii:or.around existing municipalities or in other areas where adequate facilities such as roads,sanitary sewer,water,etc:,and adequate services such as fire protection, police, Schools,:etc., are available or obtainable. Compatibility of land uses will also be considered. Conversion of agrict lturallarids:to non-urban uses will be acconunodated 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 mininuie the impacts on surrounding properties,as well as conserve lands for agricultural production. Supporting agriculture will include protecting agricultural uses by.recognizing the "right to tare, and making • significant efforts to inform residents of the county about agricultural opetations. 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 remenzber.tliat state slaw governs and admiiiisters;allwater rights and water rules. Industrial: Industrial development that is not directly related to agriculture is intended'to ie located inside municipalities or in areas that can support the activity with adequate services and facilities. Industrial development is encouragedbecause of the economic benefits associated With it,but it is necessary to locate industrial uses appropriately to assure that impacts are addressed: _Industrial uses a-directly related to agriculture may be accommodated in agricultural areas. 6 Urban conmierc%al uses'will be encouraged when located inside:iii?ba i areas or where`support for such uses can be achieved. Mitigation of the impacts of commercial uses is essential to,assure compatibility with surrounding land uses and to avoid undesirable conflicts. Commercial uses directly related to agriculture maybe accommodated in agricultural areas. lrestdential: Residential development is classified in two categories,urban scale development and non-urban scale development: Urban Scale Development Definition: Developments with an overall gross density exceeding one(1)unit,per acre that are�located in close proximity to existing PUD's, subdivisions, municipal boundaries, urban.growth cOrridors and boundaries, or.can be served by adequate infrastructure,utilities and urban services. All Urban Scale DeVelopments shall pave the internal road systems of the developments.Urban Scale Development requires utilities and services such as central water,sewer systems,road networks,parks:and recreation facilities and programs,and storm drainage. Urban scale'development is to be located inside;municipal boundaries or in areas where appropriate services and facilities,are obtainable. Non Urban Scale Development Definition: Developments with a minimum overall dross density less than One(1) lot per acre coppiprised of residential lots. Non urban'scale development may also include land used,or capable of being used, for agricultural production and includes developments which combine clustered residential uses and agricultural use in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty(40)years. Non urban scale'development on public water and public sewer shall have a mitinnum;lotsize of one(1)'acre and a maximum overall gross density of 1.5 acres per,lot: Developments on public'water and:Septic systems shall have a minimum lot size of one(1)acre and a maximum overall gross'density of 2:YZ aches per lot; Developments proposing individual wells and septic systems shall have a miriimuin lot Siie'of 2%acres per lot. Non-urban scale developments 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 iii4Strttetnre and;services, impacts on the natural environment,,fiscal imppets;on the county;and other issues specific to each ioposal. 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. A •Use: Mixed Use Developments are characterized by a diversity of uses within the boundaries of au area or single development proposal. These:developments can include commercial.,:and urban"residential uses,and are intended to be located in urban service areas. Planned Unit Devglontnaegta The PUD sectioi a*presses the desire of the county toevaluate'development.proposals in a process that encourages flexibility and variety,'The various Ian d 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 iitipfpve,the quality of the development. The PUD establishes a cooperative relationship between landowner and toe county planning services department to facilitate collaboration, which will result in better development in Weld County. This approach promotes quality,creativity,innovation and flexibility. The cumulative effect of the Goals and Policies described in Article II vt'ill result in: Maintaining the prominence of agriculture in the county. Urbanization occurring in and around the cities and towns witliin Weld County. Property owners rights and responsibilities will be balanced. The quality,ioflaud;uses will remain high. 7 ARTICLE III LAND USE AMENJTfl S; This Article is made up of two areas of discussion: I'ubtic Facilittes6. d Services;,14nd Transportation. Public Facilities and Services: Public facilities and services'iiiclude suck thi#i 4• ..as fire protection, law enforcgn ent; water, sewer, roadways, schools, parks and open space;.'arid 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' ad services. Transportation: Transportation includes discussions.alibutthe countyroad system,road classifications,pedestrian andbicycle`paths, scenic road byways,regional transportation planning,air transportation and rail transportation,:The Goals and Policies of these sections promote efficient and transportation that is sized and,deli ned:appropriate to the uses. Again;any proposed land use changes will be required to address the impacts on transportation that may occur because of the change. ARTICLE IV ENVIRONMENTAL RESOURCES: This Artie a deals with air quality,water gfiality 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 lite;l►ealth and property. Each category ofenvironmental resources includes various Goals and Policies expressing the importance ofproperly 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. ART!VL N This'article discusses wildlife,open space,conin ercial and mineral deposits,and oil and gas deposits. Wildlife: The comity recd izes'that;vil ife is an iitiporta°nt'coritributorto 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'wildiife;friendly;Ispd;uses iri Weld.County. Ogee S lacer The central theme of the county+:5`open,spa a Goals`and'POlicres 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 forpublic open space on private lands; noxious weed control;and,the encouragement of trails are also addressed in diis;Section. Co ninercia.lFand MineralDen0sits: 8 This section pertains to mining:itt: lield County. Generally,there are two types of 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 issuO:and properly.reciaim mined areas. Oil and Gasp «a'' As with mineral deposits;•oil and gas are piimaril�; regulated ;s a_te and federal:agencies. The'county'expects oil and gas exploration and production to.be conducted in a manner which'rniniiinizes interference with existing surface uses and mitigates the impacts to present:and.future land uses. APPENIMk The Appendix contaiiis baps,charts and other data relevant to I ie'p n,;.It also includes"Weld County's Right to Farm"statement,some definitions,a discussion about the tax limitations aft county,and the sources used to develop t e WCCP. DI'S recommendation: Move entire preface to Appendix section as it appears in the body(Sec 22-1-30)of the text 9 ARTICLE I General Provisions Sec.22-1-10. Definition of Comprehensive Plan. The Weld County Comprehensive Plan,contained in this Chapter,is the document intended to fulfill the master plan requirement pursuant to state law and, in part, to set land use policy pursuant to the Home Rule Charter. The Comprehensive Plan is intended to be used for the general purpose of guiding and accomplishing the coordinated, adjusted and harmonious development of the County. The Plan includes all geographic areas of the County. It establishes policy guidelines for existing and future land use decisions. The Comprehensive Plan was originally developed in 1974,revised in 1987and later amended as outlined in the History of Amendments in this Chapter. Sec.22-1-20. Relationship to planning documents. A. The Comprehensive Plan identifies specific land use goals and policies which are intended to provide guidance and direction for existing and future land use. The basic documents used by the County to carry out the goals and policies of the Comprehensive Plan as contained in this Chapter, are the Intergovernmental Agreements, Zoning and Subdivision Ordinances and the Mixed Use Development and Planned Unit Development Plans,contained in Chapters 19,23,24,26 and 27 of this Code. B. The Intergovernmental Agreements,Chapter 19, illustrate a coordinated planning agreement between the County and various municipalities. C. The Zoning Ordinance,Chapter 23,is a regulatory document. It defines land use application procedures and responsibilities,standards and regulations pertaining to zone districts and overlay districts,nonconformance, enforcement and the Board of Adjustment. D. The Subdivision Ordinance,Chapter 24, is the regulatory document defining regulations and minimum standards for subdivision development, including design standards for facilities, utilities and other improvements. Chapter 24 also explains the procedures for subdividing a parcel of land. E. The Mixed Use Development Plan,Chapter 26,is the regulatory document defining regulations and minimum standards for development in a geographical region of the County. F. The Planned Unit Development Plan, Chapter 27, is a subdivision mechanism used which provides greater flexibility than the Subdivision Ordinance, Chapter 24. G. The Intergovernmental Agreements,Zoning and Subdivision Ordinances,Mixed Use Development and Planned Unit Development Plans,Chapters 19,23,24,26 and 27,are intended to implement and carry out the goals and policies of this Chapter. Sec 22-1-30 Comprehensive plan guiding principles. The Weld County Comprehensive Plan was originally written in 1974 and has been subsequently revised and updated several times. In 200 ,a committee made up of Weld County citizens with diverse backgrounds completed the most recent update of the Comprehensive Plan and the following guiding principles were developed by this group as a foundation for land use policy in Weld County. A. Private Property Rights One of the basic principles upon which the United States was founded on and continues to preserve is the right 0 of citizens to Own-iii utilize their property. Private property rigl l's'ale'not unlimuccrrights but rather rtghts balanced with the responsibility o f protecting community health and safety'.It is the goal of'the Comprehensive Plan to express.the needs and vision of a developing county,while.protecting individual property rights. 13: Respect#"or;6iu:Agriculturalltage:Tradition Weld County'has an agricultural i tak::'tradition, a's°reflected:by its'raf i ig as'.one of the richest agricultural • producing counties in the nation. Iand;use changes are occurring and agricultural zoned land is being changed to accommodate residential,commercial and industrial development. As thesenew'land uses evolve,it is.important that the established agricultural businesses and a.sociated infrastructures are allowedto 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 acceptthis lifestyle. Weld County's"R fight-to-Farm"can be round in Appendix 22-E. C. Fairnen itithe Land Use Chatibe Pri$ a tire Weld County has established'various regulations.for the process of land use change. This process ri ustbe fair and equitable:to all parties in the following ways; 4 It'.i3•a timely process. 2: It is an open process to facilitate public information and`iSnput. 3. It provides open communication through the developmentreview process to neighbors and boltlrnurtities most impacted by proposed changes. 4: It maintains consistent requirements c.,t.pled tk ith within the implementatidn criteria. 5. It:allows easy access to information about the process so affected parties maybe adequately educated 6. It hasan established appeal process. 7. It allows for approval when all xcritten criteria of tbe.land use regulations are met denied solely on tic basis of pall.f sGdtuuc.�t. DPS recommendation:!.4(above)consistency and flexibility are not generally linked together-difficult to accomplish.Delete"and should not be denied solely on the basis of public sentiment"above. (Statement contradicts 2.3&5 of above) D. Recognition of Weld County's Diversity • Weld County's 4000 square mile area is diverse;-:i eographically demo zraphically and 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 Should facilitate the Achieyen-tint of the IIighcst and Best Use for the Stibiet4retiekie*.Land use regulations which address land use changes should he written to protect public health. welfare,safety and economic and social welfare and the rights ofproperty owner's. Land use regulations which address land use changes should be viittc to'acci ri i aatc reasonably support the • highest and best l'..( f pri �atL I c held lands.uS JCtCeinincJ 19 4 the mop�,Cty o.., ,acr `Th. tall,.iteLcst a,rd b..st doe' is defined aS"the use.from among n.aso„abl p,obaLle and IL,Zal abet native aces,f.,wld tub,.physkall,r poasibk, aa,,,.,iniately au►,ywl.,J.a,id t,,,a,,,.iallrfeas;l,h that�mault,,:n 1,; h; t la;ii.1 lu .t-Oii,;de„ELL bal.,, l,.,t,vcC1t 1110.heultl,saf.t,and county rLsid,,nts and till hiy_hc,t land N able." 11 DPS recommendation: Replace the word"accommodate"with"reasonably support" . Insert"of privately held ris lands'and delete"as determined by the property owner."Replace"results in highest land value"with" considers the balance between the health, safety and welfare of county residents and the highest land value." As proposed this statement contradicts¶ C above F. Economic Prosperity Land use policies should facilitate and compliment a diverse economic prosperity and harmonize with associated growth Sec.22-1-46. Principal plan components. A. Goals and policies are the two(2)principal components of this Chapter. The goals are expressed as written statements and represent the direction county citizens have selected for the future. Goals were developed and adopted with input from the public, civic organizations, municipalities and agencies of the State and the federal government. The adopted goals of this Chapter provide public officials and private citizens with criteria for making planning decisions. B. The policies contained in this Chapter are expressed as written statements and maps. The written policy statements are specific guidelines for public planning decisions. The policy maps,the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services,graphically identify important wildlife areas,mineral resources and existing and future general land use classifications. The policy statements and maps provide additional background and clarification to the County goal statements. Sec.22-1-50 Planning process. A. The County planning process is designed to provide a consistent review of individual land use matters. The County Staff,Board of Adjustment, Utility Board and Planning Commission are the four(4) groups responsible for processing and evaluating land use applications in the county. The Board of County Commissioners is the group responsible for planning decisions in the county.Chapters 19,22,23,24,26 and 27 of this Code,are the essential documents describing the planning review,decision-making and appeal process. B. The Department of Planning Services welcomes the opportunity to discuss the planning process with interested persons. Most initial discussions and inquiries about the planning process,including land use applications,site plan review procedures and the zone district classifications,begin with the Department of Planning Services. C. When the Department of Planning Services receives a land use application,it is processed and reviewed for compliance with the appropriate sections of this Chapter and Chapters 19,23,24,26 and 27 of this Code. The type of land use application determines the administrative body responsible for review and decision-making. For example,a use by special review application is initially processed by the Department of Planning Services. The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Planning Commission in a public meeting. The Planning Commission reviews the information presented,evaluates any public testimony and formulates a recommendation regarding the land use application. The Planning 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. 12 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 refers al agencies and professionals,in making recommendations on laud use applications. DPS recommendation: Insert"referral agencies and"(above) 5. The County will cooperate with the applicant f rwhieoc'in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health',safety and welfare of County residents. DPS recommendation: Replace"to achieve" with "in evaluating"(above) Sec.22-1-60. Comprehensive Plan amendment procedure. Evaluation of the Comprehensive Plan,contained in this Chapter,is necessary to provide an accurate statement of County land use goals and policies based on current data and the needs of County citizens.Therefore,when changes in the social,physical or economic conditions of the County occur,it becomes necessary to reevaluate and change land use goals and policies. The following procedures have been established to amend the Comprehensive Plan. A. An overall review and update will be conducted at least every ten(10)years or earlier as directed by the Board of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan as contained in this Chapter. The procedure involved in the update shall include an opportunity for the general public, Department of Planning Services,municipal,state and federal agencies to submit proposed changes and to review and comment on any amendments being considered by the Planning Commission and the Board of County Commissioners. B. Individuals may submit a proposal to amend this Chapter in accordance with the following procedure: 1. Comprehensive Plan amendment proposals shall be considered biannually with a public hearing process beginning in Nov ,,d,c, o, May 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 OLtubc, 1 o, Ap,1 1 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. 13 4. In the case of an amendment to the I-25 Mixed Use Development Area Map, the proposed amendment must: a. Demonstrate the proposed au,..udur.,r,t inckusion into the Mixed Use Development Area map or codification to the existing land use classification as outlined on the Mixed Use Development Area map, is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map. b. Describe how the proposed amendment will trot pla.,c a bu,drar address the impact ttp on existing or planned service capabilities. This statement shall include how emergency services will be provided to the proposed area. c. Delineate the number of people who will reside in the proposed area. This statement shall include the number of school-aged children and address the cultural and social service provision needs,such as schools,of the proposed population. DPS recommendation:Retain the words"cultural and"(above)to maintain consistency NV current reguladons Code d. Submit a deed or legal instrument to the Department of Planning Services identifying their interest in the property. e. All significant developments within the MUD area shall be required to prepare a preliminary traffic impact analysis. All traffic analysis information and reports shall be prepared and certified by a registered professional engineer competent in traffic engineering. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. This analysis shall include the following information: 1) Introduction: Describe the proposed development and parameters of the study area. 2) Trip generation: Determine daily and a.m. and p.m.peak-hour trip generation for the proposed development using established rates identified in the Trip Generation Manual published by the Institute of Transportation Engineers or as agreed to by County staff. 3) Trip distribution: Based on assumptions contained in the MUD area traffic analysis or market estimate,describe the anticipated trip distribution patterns for the proposed development. 4) Trip assignment: Based on the projected trip generation,assumed trip distribution and the prevailing roadway network,assign the projected traffic to the intersections and streets within the study area. 5) Any teasonabic additional information ,cquited by Department of Public Works o, Planning Ss,vices. "Any additional information deemed necessary for review." DI'S recommendation: Who is to determine "reasonable"'? Delete the entire text of 5)and replace with"Any additional information deemed necessary fin review"This maintains consistency with current regulations&Code 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 14 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. The proposed amendment has demonstrated that adequate services are available d. Referral Ageucv responses have been received UPS recommendation:Add c& d above 7. In the case of any amendment to the I-25 Mixed Use Development Area Map: a. The proposed amendment inclusion into the Mixed Use Development Area map or modification to the existing land use classification as outlined on the Mixed Use Development Area map,is adjacent to and contiguous with the existing 1-25 Mixed Use Development Area Map. The proposed amendment adjacent to the existing I-25 Mixed UsrDc'clupment Area Map, b. The proposed amendment will not Flue,. a huudeft address the impact on upon existing or planned service capabilities including,but not limited to,all utilities infrastructure and transportation systems, and; c. The proposed number of new residents will be adequately served by the social/cultural amenities such as schools of the community. UPS recommendation: Retain the word"cultural"in 4;c(above) to maintain consistency w current regulations/Code 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. In the case of an amendment to the 1-25 Mixed Use Dwclopoluit Ara Map: a. The proposed aniei ItiSiO l into the Mixed U&.D.,'clo1,bent Ai ca i1Aa Of ntodif nation 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 Arca Map. the proposed atn��lct,rl�Ttt i, adtn‘Citt tor the existing 1-25 Mixed 1 3c l)cvel pincnt Aica Map, t5 b. Thc piopostd amendment will not place a btu dc,l'address the irtlpaet ut) o il place a hrrr\dc„ ul;Orr �.� e.\istint of planned set ice capabilities including. but not limited to all utilities. in1rast,uctutc and transportation Syslerlrs, c. The propuscd,rul„Lei of new tesidcrits ticill be adcgoatel f set,cd by the social,Cultu,al aiiienities such as sr,hv0ls of tlt� cud imhll,ty. DPS recommendation: Delete tt 10 a. h.&c(above')previously stated in/t 7 previous page Committee ,et. Retain 10. The Board ofCounty 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. 13. I. the ease of an amendment to the 1-25 Mi..ted Use Development.\rea Map. a. The proposcd-amcndr„cnt i,rcltis'iun Lite the Mr1Cd USA DI.vtlupmcut Arcamap cc n1odification to the existing land use classification as outlined on the\Atrxed Use Development Area map, is adjacent to and 4uirti_t ,us with the twisting 1-25 Mixed list Devtlopm nt Area Map. I h, proposed amendment i adlaelut tv the e.tsti t8 1-25 ;M11.c�d t.} c 11-\e1O.11I ,,tt Acta Mat). b. The proposed ,imc,rdinent will not place a burden address:the impact up on place a burden upon existing or planned setvice capabilities including, but not limited to all utilities, infrastructure a,td t,a,tapor latnhl Sy JLl.rliJ, C. TI it proposed lltinrbCi of r1CU1Csu'lCirtS will be adequately served by the sot ral.it,ltutal au?cti ties.Suet as schools. of th..cr,inmrrmity. DPS recommendation: Delete;I 13 a. b.& c(above)previously stated in i4 7 previous page Committee i cc. Retain Ste 22-1-(,©. Ta\ IinlitAtions and plartrringcunJutti ati ns. Propeity taxes are the tiiinrary source of icvenue 10 operate Weld County goveii;.mcnt. The county llorne Rule Charter and the state"l'ABOR and Gallagher amendments limit the amount of tax gelieiated revenue that call be collected each y1.ar. Weld County adopted the I tome Rule Charter in 1975, which limits rood eases in tax revenue to 5%i,poi year. This limitation may be circumvented if the County Council dec,iis ii neecssary by g,antitig an increased mill levy. Thee a,, some regulations the County Council must follow in granting this increase. If the County Council fails sit refuses to act, car increases the mill levy beyond its authorization, the question of incicasing the mill )coy may be submitted to the qualified electors of the county at a general or special election. The state TADOR amendment operates somewhat like the county IIonic Rule Charts, in that it limits the a,nur„rt of increase in property tax revenue teem')yea, to yea,. The 'TABOR amendment limitations may also be changed or I6 Clurunal,.d by a tot,.Of tlic pCJplt. •�It Stat,.Gallabhc, Au,cudn,eut pi0. 3 0 w Ho-. 198^ tirucitc,rT'_. _ _ __ _ __ _ __ _ _ _ ___ �dui. in the tutu! etatv.widc piupeity tax ba,t at app,o.vnataly forty-five(49Si,). f.:i, to 1982. d.,. abate of,�s�di-ut�d} t,f this,tabil:tati„n of the rC3idant:al Sha„u f p,Oparty ta..&v Cnut,.Oll,.Ction,at about for ty-G,C(45",'o}has-shittedthe yt,ai for iLsid‘ditial pt0ptat) w urd,.i to CUu,ply w nth the Gallablie, AutCud went. Tba tat,. for th,. 2001 tax yCal wan aS,.O,Rtfi,Qi to 21%pour tu paSSd 6e of th,.G al lagher Anion. Went in 1932. Cr puuiary toualuSnvnta. aa,Cd faCd,t,tn a,id sex v lets&hurled. I,.ty .vas 25.82 in 1975 when the Ilene Rulc C1rnRa, waa adupt,.1. Ti,,.grov.th of the Couutyb piup,.ity taxatiuirl,aa b,.cn dint-lady ly lhn:t,.d by Section 14 7 of the Howe Rul,.Char tar. utional l,,nul,, i.,.. TABOR-and Gallaghai, nuik toga,ltt,, in tha fullyvvwg f biun-to lint luCal government,ability to.arse suffei,.nt revenue to pay for di,.higher testa of givcnunent du,.to u, atiun an d C. Pi it, to 1982,the share ofresilanual property a,scsaed value as a paiaCntage of total rtat,.widcas,e,scd had Lear,atcadily ciccping upnaid. The Gallagh,.r Arnc,idment pivvision in the 1982 Amendment 1 was to,taLiIi,.,. the share of,esidcnual a,s,.Ss,.d value in thetvtal,tataw:de property tax bas,.at appioxnnat,.ly forty foe pCdCut(45%). By-stabilizing the share of ics,deutial a,se,s,.d value at folly-five pc,cwd (45%), the share of(hope,ty tax ,CnniuC COLl..led hum i,.,nitutial property owners was al,O staLliz,.d. D. In e„,.,i,.,., sin,.,. 1983 about-furty-Oro c p,.,cent(4"ti)of piepctty tax it,cone each year has-Ix-err eoll,.etad front iesidemiadpioperty owners in Colorado. Iliw,.v,.,, by fixii g the ,t,id,.,dial , are of property tax Inv Claw. Lullwtiun,at forty fit•x per tent(4,7%),tin,tax butd,.trlras b,.cu sh:ft,d to all nOuu C,idtuual piopefty Ow riet3 hith,.Stat,.. In 1991,the tax bill fot ic,idtntialpiopeityOw„Cis:u Colotadu war nun,.than hvu hundi,.dtw my tlu ex million dollar p1Ovisions (winch arrwr,.l „ml,.uual p up,.nty at a tw,.nty-un,.-piic nt rat,.) twua,,nal un,.Langal ,;n,.,. 1983. Plum 1987 tlnuugh 1991, the ,.uniulativ,. ieluation vas ahne,t s,.ter,hailed fifty ,Waken dnllals($750,000.000.00). Amendment 1. The ability ofgovciiinnicndshrnljaat the ptup°tyta tat,.(IC mill 1,. y)tigcunrat,.an, .,.v aasersnamt Stat,.w idt.Tha,ate fin t11,. 1994 Lax y,.a, w a,rwrive-antl-eighty-,i.x hundiidtl„p,.,a,.nt(12.86"1,),du w n h inn tw a,dy-vu,. p,.iccnt(21%)pnui tv do paaaabc of Gallagher. The la&for din 2001 G. The net,.ff,.,.t of Gallagher is areax having high proportions of,esil,.nual aa,w„d-v alu,.a,a ill-„Lilt of thin,, total property tax Lase will ha,c large assasscd value d,.chaos if the average ine,easa in a,.tual resid,.ntial-values does net keep pane with the di,.line,,n the,esilc,rual ansessnnent rate. POI ,.xarupla,as d,e Stab- tes:d,.„ual aasessnieid (12.86%)in 1992,a school d,,t,:et ortoulity had to expct iene.an average,.k.ven and one-half percent(11.5%)Lr,.r,.a„ al nsafa, lint II. The lra,.kg,eund information presantadznn the Heine Rub,.C1,art,., and it, tax lcv l:,,utalio,i and die,tat,. TABOR and Gallagher Amend-lucuta helps to explain t1„ ai:tieally in,puitant iclatiun,lup between the Home Ruh. Chart,..,stat,.tax lun:tations,this Capt... and growth the County. 1. Th,.County',ability to caw :d,.sit v:0., und,.4 the axist:ng budg,.t limitations is aig,ifitantly l,.c,Cas,.l by the tunibni,.d ,.ff..,.t, of inflation, giuwtli and Ludg,.t tcductiu is at th,. Likud and Auk lay,h,. Thn only rafcty a ailabl,.tu cuuut:.. und,.n TABOR i,to cud-sub,:d:c,tu man rib-1 pi ug,au, ,,uc1t as ou,ial St.,v:aa,tu ptut Lk. /'' v 17 the tan and le venue li..tita a, eliminate the TABOR lin,.ts ent;,ely. Politically, the likelihood of the vote's laising e, d;nm;mmadngthe'TABOR hmn;ta is not guod. J. The..uncut Cwuoulie, &gislat. c and S10v4th COnd;uOns ate not COnduCivc to,nccti..g all tl.e needs and d..uanda beumK plat-tit-upon luLal su v C1111111..111.wln,u tin,wn.h;,.Cd lat..of inflation and Stu Jv t1.,a,a s,Cate, than time I lun,.. Ruh,Chanel' five-pele.an taA limitation our limits allured by TABOR. As long as the County is.esponsiblc for the del;ve.y of Thunman set v;eea,;m1 lmd;„g law e„f.,,..,11,..,ml and,Le 11a;nt na.,ee of the CAL,ms;ve load and bridge pmagian., the coat of County goven.nment sill continue to increase. K. Because Of the above CCOnOntiC and 1Cbmalalmv.,faetuma,Cdttntrreprestntativea should umak.,eunamatent tlLci3iuna nuuwunuig file a.oat of p.uv;dinE publ;.,a..,v;.n,a du eetumy uew y.owtl,to a,eaa wh..m..County selv;ew LA;at 111 can be develuped efficiently. The Cout,ty still intends to help support and pmon,ot.a divels,fie.l-and stab&e..ene.ny. Given the facts about d,c County's ln,ntat;ens to gcuciah, 1c4Ci,uc four p,ov',ding facilities and set viccs to new d..velupn,Cut, g,Owth cannot pay fu1 ;taelf to the e.eteu,,t dues in othe, cOuut;ea,Capee;ally 1w;d.,nt;al gluwth. Sec.22-1-70. Location. A. The County contains approximately four thousand four(4,004)square miles and is the third largest county in the State. Weld County is twice the size of the state of Delaware. The County is bounded on the west by Latimer and Boulder Counties,on the east by Morgan and Logan Counties,on the south by Adams County and on the north by Wyoming and Nebraska. See Figure 22.1 below.The largest municipality in the County is the City of Greeley, with ai9902000 Census population of60,,45476,930 people. The population for the City of Greeley increased 30% between 1990 and 2000(60,454 in,1990). Sce Fignu 22.1 below. 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 3,2745 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 tour hundred eighty-seven(487)miles of state highway system and several hundred miles of municipal roads. Figure 22.1. Locational Map �P ■ i 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, and 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 annual ave,ag.,.nean te,npciati c ..the County is 48.4 degme..a Fullcnh..t. The average temperature for the month of January is 40 degrees Fahrenheit. The average temperature for the month is of July is 90:degrees'Fahreii)tieit. The average rainfall amount is 11.96 12 inches and the average annual snow fall is 32-3 27 inches. The aye,age growing season in the County is 142 days.-The last day of Spring frost(32 degrees Fahrenheit)is May 11. The first day of Fall frost(32 degrees Fahrenheit)is September 30. The average growing season in the County is 143 days. Sec.22-1-80. County population. A. Dccausc the 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.`tliirty-seven percent (37%). it will be difficult to sustain this type of growth indefinitely. Approximately t.isl�ty-f;rti.pc1ccnt(85%) seventy ltree.petent:(73%)of the population is located in an eight-hundred-square-mile area in the southwestern part of the.County. The 1990 2000 population density for this area is approximately one hundred fi,ity-duic(149) fifty-nine(159)people per square mile.The population density of this area increased seven percent(7%)from 1990 to 2000. B. In 1990, 131,821 2000;.;180',936 people lived in the County, which represented foueing'f m tenths percent (4.2%)of the total state population in 1990 2000. The median age of County residents in 1990 2000 was thirty and nine-tenths one-half(30.5) (30...)years compared with the state median age of i rt'-four.and three-tenths(343) t�l,i.ty-two and o,ic-half(32.5)years. The gender distribution ratio was similar for both the County and the State for this time frame(Table 22.1). The overall dispersion of the County's population resembles the state population with the exception of the County having proportionally a younger work force. Refer to Appendix 22-A. C. The County 1990 population in 2000 was mostly homogeneous with seventy-seven percent e7.*)%)of the County population classified as white,not of.I-lispamc or Latino origl IrX)enty-se*eitpereent(27%)of the County population classified as persons of Hispanic or Latino origin.':Tlie Ctnsus'2000lw�. ;�i,the first year in which respondents could select multiple-race categories. Refer to Table.22 Appendix 22-A:'for,informatiorir regarding these categories. ,but the white population grew at a slower rate than the nonwhite population during this Census �• pc'iod. A further breakdown of growth rates for the.minority population reflects that the hiehest growth rates woe in the Black population with a thirty4fivc•percent annual growth rate, followed closely by the Native American population with an annual growth rate of twenty-nine and one-tenth pcicent (2`).1%). Both the l lispanic and Asian Pacific Islandei populations grew at a iwelveliereent annual growth rate. D. Among all sixty-tour (64) counties in Colorado, Veld County ranks e = t i ninth in total population and population density. The County is classified as an urban county by the Demographic Section of the Colorado Division of Local Government. L. The sig►nitieat,ce of the County population growth is it,magn;tnd.,and dirt,iluti.m. Bctv,cen 1930 and 1990, the State grew at a rate of fourteen pci cent(14%). For this same period of time,the County g,e,w by six and eight- tcnths percent(G.8%). During this tine,all but two(2),naniciodities%.ithi,t the Count), in.,teased in populat on, Mort of the present growth in the County is oce.r,ring in the historically populated at cas of the County. From 1980 to 1990.Weld County Ares iiom the 10th to the`)th most populated county in the.Stag. The significance of the County's population'growth is itsMa}niitude 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 o,,., and „ioc-te1Mrs perci..nt(1.9%)three and sixteen-hundredths percent(3.16°Ma year through 2010 2020: This growth rate is slightly l,i hc, nearly double than the annual compounded growth rate oft..,,..a,,d,i,ty' f v-L.,t,..-h1a '1,10,,one and sixty- one.liundredths percent(1.6.7,O.O41%) 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 .0,except 1930 to 1940. The population density per square mile increased from four(4)people in 1900 to thirty-tse(32)forty-five and three-tenths(45.3)people in 1990 2O00 and is projected by the Colorado Division of Local Government to increase to over folly-t.tt,(42) 19 ei` ' six(86)peopleper square mile by 20+020. Ste tltcpopulation distribution,. a h at Appendix 22-A. "0"".s BhtY p P 9 p ply H. The County median household income decreased from twenty-six thousand two hundred thirty-six dollars($26,236.00)in 1980 to twenty-five thousand six hundred forty-two dollars($25,642.00)in 1990. The Census defines a family as two(2)or more related people living together by blood,marriage or adoption. A household can consist of a single individual. Families have more earners,on average,than households. The median family income for 1990 increased for the State by one and seven-tenths percent(1.7%)to thirty-five thousand nine hundred thirty dollars($35,930.99): however, for the County,it decreased by one percent(1%)to thirty thousand eight hundred dollars($30,800.00). Lower educational attainment levels coupled with a surplus of lower skilled,younger workers may explain the disparity between the State and the County 1990 family income figures. I. Just as the median household size for the State has declined over the past two(2)decades,the median household size in the County decreased from 3.0 to 2.8 between 1970 and 1980. In 1980,the County median household size of 2.7 followed state trends. The County 1990 overall median household size of 2.8 grew slightly; however, the owner-household size decreased to a median household size of 2.5 persons. J. Historically,the County has been considered an agricultural county;however in the 1990 census,less than forty percent(40%)of the County was classified as agricultural. For census purposes, the Bureau defined a farm or agricultural unit "as any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold, during the census year." The County has been classified by Colorado State University and the Colorado Department of Agriculture as one(1)of the eleven(11)farm important counties in the State;that is,ten percent(10%)to twenty percent(20%)of the 1987 labor and proprietor income was derived from farming. While the County has a diversified economic base,the core economic activity continues to be agriculture. The base is further enhanced by major employers. The private sector maintains eighty-two and ninety-eight hundredths percent(82.98%)of the total employment,and the County had a 1993 unemployment rate of five and six-tenths percent(5.6%). See Appendices 22-C,22-D a1td 22-C 224I;i,22-C and 22-D for existing land use,acreage of municipalities and population by municipality. Sec.22-1-90. County economy. While the County economy has passed through major changes which have set the foundation for our future economy. no change has been more prominent than the transition in the economic base away from agriculture and natural resource extraction toward an economic base relying more on manufacturing and services than agricultural. DPS recommendation: Retain Sec. 22-1-100(below)or delete Sec 22-1-90(above)as an unsupported statement Sec.22-1-100. Selected economic indicators. A. Population,Cntfll i)neat,t,urtetltplayatettt,pcimvtial it,tuurt,and Lai u;ug by ;ndu,ti y can be used to 5Luv',wrier tlic County's economy has come fioni, white it is and where it could be headed. B. As the population increases(scc Appendix 22-A),the nutnbet of available workers also C,cpand,. Between 1986 and 1993,the County has sccii a noticeable inciLasc in selected etttployuicirt categories. — Mining 1L1., — Ttad.. — Matlufactuting - SC.t V 1%�3 — GovL1tutn.ut C. In 1987, the County unemployment iatc was more than ten pciceict(10%),and since that time tittle has been a steady deLieasc in unemployment rates. In 1993,the County laLo, fume*aa of 3%.0-city tl,uei.attd f,vt, launched seventy(70,570)workeia,ofthi-sc,five and six-tenths percent(5.6%)were uucnnployed. I Lowe.ti.iii 1994, 20 the nu,nbcl of workcts jumped to seventy-seven thousand three hundred eighty (77.380) .W11\,.i3 W11;Ic the uncll;ploy Intut late fell to five pciec]tt(5.0%). (Source. Colorado i)epai tniLnt of Laboi and I;I1Iplov,uurt, 1994) D. In 1994, the labor farce in the County was divided between d;ffeient scctois as indicated in Appendix 22-At Eilivloym.,nt by Sector, 1994. D. hT I994),the labor f;,icc;n the County.+aS dhidcd b,.t*ceil different industries as f:,ll.,ws(sec'fable 22.3): lcultulal and-ins hng elliniCitt MalutaClo lllg 11r.lf..sslollal add related se - Sclt-uun171i,yed - Wholesale and 1ttail (Sc,1nee. Cohn ad.D.,partm art of Labor and Cahplvylncnt. 1994) Table 22.3 I:.hpl ytarlir bf,Sector 199-! Scl vice 10,997 Matlttfaetui'rag 9,943 (;cn c1.1.1In 1tt 5,830 -Retail Trade 8,445 Wholcsal.,Ti ad, 3,229 C.hlstructic,li 2.97& Hinanc.:, Insurance, Real 2,191 Estate 'I"raospol tat;t,l l 2,045 Mist. Agli..c 1ti1 l SGIk 1,523 NI ining;(i1lelad,.soilaadgas) 1.061 f i• ak •k •k J ili 9e * }*A.A * Y[ Total Noll-marling 46,59 5 farming G,2f3 6 All:Inclaatl;..a Total 52,6f; } E. Dui ing the last decade, gains in personal income in the State and the County have been above the Itat;�l,laf aveiatte. According to the[;.S.1)utcauof Economic Analysis,pec capita income ineicasedhy ten and nine-ten tl,spercent (10.9"i)). LeadilG soutees ofhcnischold income included agl"culture..inallufacturing,small manufacturing and education. 1•hc waBc bap between the County and the Slat,. app.ais to b.:dk-cicasi&6 somewhat. In 1992.the avelalre'anntrai wage for Coloradans in the all industries category was twenty-five thousand fogy-one clonal($25,041.00);for this same time. the County's All Industry rate was twenty-two thousand one hundred sex enty dollars($22.170.00). The 1992 wage gap was cightyscven and nine one htmdiedtlls percent(87.09%);howc vcl in 1993,this rate fell to eighty-six and thirty-six 21 dnc-hundredths pereent(86.3(%),npresenting toienty-f ike thousand six hunched eighty-one dollars($25,681.00)and twenty-two thousand one hundred seventy-nine dolla+s($22,179.00)respectively. 22-1-80&90 SECTIONED TABLED PENDING UP-TO-DATE STATISTICS DPS recommendation Sec. 22-1-100 The Economy are those aspects of a society which are involved in the employment of scarce productive resources.the production of various commodities.the provision of services,and their distribution about various people and groups. Within the Region,the"Economy"is another word to describe the interaction of all the Elements-People,Resources. Systems and the Rest of the World. We are able to evaluate their size or impact by looking at: 1. Employment and Income in Basic Industries 2. Employment and Income in Indirect Basic Industries and Local Resident Service Industries 22 ARTICLE II Land Use Categories Sec. 22-1-110. 2421DI Foundations of existing land use. A. The way land is presently used is one(1)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. Increases in urban type uses will bring about decreases in the land area dedicated for farmland.The percentage of urban type use is not as significant as the pattern of use. A dispersed pattern of urban type land uses make large- scale agricultural operations difficult and is often costly to provide services to dispersed developments. C. Throughout the history of the County,population and economic growth required the development ofpreviously undeveloped land. Future growth will require continued urban land area expansion within municipal urban growth boundary areas,as well as amounts of rural area development.Much of this expansion will,as it has in the past, require the conversion of land categorized as farmland to urban uses. The intent of efficient land use planning in the County is to,when possible,minimize the impact of development on agricultural lands. DPS recommendation:Retain's A,B.C(above)and re-letter A.B,C (below)to D, h F,. This section is critical in defining the role of planning and the planning process in managing growth and dck elopment. Additions to I{B P"` (below)as noted. D. Cher the'last`decade,Weld County has experienced a variety of growth patterns. Generally,in the northern and eastern regions of.the County;tlerebas 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 froriipeople 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 fbi:,those who want a more rural lifestyle and a less crowded place to live. E. Agricultural land use remains the predominant pi h 1.z y land use in die County Even despite the lucalizcd a1)iY increased:.growth of the 1ckent Nst and a significant increase in the number and size of nnexations. Coincidentally;the areas ofinost i tense growth pressures are the same areas that have the best in-igated farmlands. mein.litWitlhthese fa,b is a*eak a:;ricallateGLOuoinv that malcl.S itattra.t c to m.Lrt}lAiii/n,1cis to I their property for dcvclo mcnt. F. These factors,and others, all combine to create a conflict between the desire to'support agriculture and the economic pressures on the landowners to develop their agricultural lands. As the economy of Colorado continues to advance,it is likely that the conversion of agricultural lands to niore:urbanized uses will also.continue. Sec. 22-1-120 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 21 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 Chanter promotes controlled or orderly urban expansion in relation to the existing and future land use patterns and establishes minimum guidelines for urban type growth within the County. B. Urban sprawl develops when an orderly pattern for growth and development cannot be achieved. Higher costs are incurred both initially and ultimately in providing public services to a sprawl growth area. Often, scattered development requires the extension of services through undeveloped areas. Extension of services through these undeveloped areas creates an under-utilization of services,which contributes to higher service costs for all County citizens.In addition to the economic considerations associated with urban development patterns,there is also the problem of competition and conflict between urban and rural land use interests. All of the thirty-one (31) municipalities in the County are surrounded by farmland. As urban areas continue to expand.these resource lands are either directly converted to urban uses or are adversely influenced due to inherent conflicts between rural and urban activities. C. The provision of infrastructure such as transportation systems,sewage disposal,water systems.for example are important aspects to consider during the planning stages of development. The capacity of planned and future infrastructure shall be evaluated on a site-specific basis. The impact to the surrounding area shall also be considered. D. Weld County recognizes the need to accommodate future well-planned growth.and shall take action to insure that expanded basic services such as transportation,fire and police protection,for example.will adequately service additional growth. Current basic services should be re-evaluated as to necessity, cost, innovative funding and flexibility in diverse areas of the county. DPS recommendation: Retain Sj's A,B,C,D(above)and re-letter A, B,C,D (below)to E, F,G, H. This section is critical in defining the role of planning and the planning process in managing growth and development. E. It is expected that the patteqi 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 sustaiaability'of the economy,as well as„the quality of life,for Weld County citizens: F.. Supporting agriculture will continue to be a significant goal of Weld County. However, the pressures to convert agricultural lands:to other uses will continue to eliminate more and more lan4ls'from agricultural production. Most of these lands will be annexed into municipalities leaving Weld County's land use jurisdiction,however other lands ►el ain Lands'on the;outskitls or bctwccn towns, may ielnain in the County's jurisdiction-and may be suitable for less intensive development.,althutl.,lt at a less;ntcns..scam. Lands further out and'those.land5which lie outside of the areas of growth pressures will most likely t 4 .,retain predominately apiculture.uses ',Oiven this future land use scenario,it is important that the County employ the following smart growth managenenttools: 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 yitaliiportaace o,CbQth,cntities. 2. Work with the municipalities in the County through Intergovernmental Agreements and urban'growth boundaries to address the quality of developments, particularly in the areas of transition between the municipalities and the County. Emphasis should be placed on infrastructure such as roads,sewer,water,and drainage, etc:;'so all parties are aware of the impacts that,may befelt,by the County and municipality::'Also, 22 the expansion of urbanization in and around agricultural land'uses creates many is ues''ictr the an land'ownei as well as the subdivision resident. It is important that these issues;are recogru7edand addressed. 3. Accommodate development of lands outside of municipalities which may include land within urban growth boundaries if: a, The impacts of such development are adequately addressed; b::_The infrastructure is capable of handling the intensity of the developments; patted:of;:development;isl.compatibie:witl''the.region. 4: Encourage the conservation of agricultural lands as well as significant geographic areas(i.e.rivers,major drainage-ways. as Ivy j ur i sdictional wetlands,etc.)through the implementation ofvoluntary incentives such 'AS; a. Open space acquisitions b. Conservation.'easetnen s c. Transfer of develOpinent.tilitS E;:'.,E."i..`('i' i ,!t;{i„ED''= I;rt<�, s {,��Ij If��i°'Itk'','EI'!ft 1;! ,{t��„,,,:,.E:,,� r:..:;�, d. Other innovative and creative te'c ' J - �ot ' `gd, I,_ a c 'b�Y 1"': irtcultgre Study Committee DPS recommendation: Add innovative and creative,delete"such as those made by the Agriculture Study Committee."Statement is somewhat limiting S. Support: get ttt�e;�iy'ac opting policies:and.. .gul rs',. ire aUans at do not create re lato "Et$'deits"tfti!tlie agricultural producer 6. Promote quality planning that is: o,:,Sensitive:to the surrounding land uses b: Respectful of the natural environment II�'ji{{{EI y,i l,.r,,"EEI't'"•''Ili`{at at•';iR r+l,'E. ,. , i c. Protective of the health,'welfare': Triii ., , .. , .,{ 'of;Weld c<oupty d. Regionally linked i.e ;by roaidways and trails �,.''1�.. '', . . :!I I LE p,., , t p ,g.r �'.V'I 1t l x.,11 •::'ql:•o„iil� :Ef',':I'�.. e. Cognizant of inCOrporating progreS5tve planning concepts creahng'an'°aestliettcally"pled g and fgAgignallY;ifiktbk,COPITunitY G. By following the Guiding Principles of the Comprehensive Plan and applying the''smart growth management" type of concepts tools described below,future,land uses in Weld County-will result in: DPS recommendation delete"smart growth management"and add below after"described". Few,if any,of the described tools are accepted or common smart growth toots,add the words"Cognizant of"to óe above. 1'. Alba'x erowth it is aro.ortiatt. Urban Growth will occur Where it is appropriate as - ••••••• determined through the landaise.!application process 23 �•. DPS recommendation:Replace the above statement"l.irban Growth will occur where it is appropriate as determined through the laud use application process". 2. Dc ••eh t,me1it outside of Irnmicipalit;es hill oc1. r'nnly,it the int‘nsit9 that can be supported 3. Agriculture will be,supported and continue as a mainstay of the County 4. All future land:uses wil l be`eoitaidei d4ith an eve!0n quality DPS reconunendation: Delete the word future(above) 5. This approach'will not halt the changes that'are occurring, but it will allow the citizens to manage these changes soWeld.Coetnty,!wif contipue to be a great place to live. II. Consideration for the protection of property values in the various Overlay Districts shall be given'to lands underdevelopment consideration. Consideration ofthe protection of the life,safety and wel fare of the present and future citizens of the County shall be given when lands affected by the various Overlay Districts are;uuder developpent.consideration. These Overlay Districts include the Airport Ovcrlay District,the Geological`tlazard 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 deve]lop.Rient 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 orbe damaged by the constraining site factors. These areas can also enhance the character of the Unincorporated areas ofthe County by providing corridors for trails and wildlife;and for the protection of natural resources,.riparian habitats and natural features essential to the identity of these county areas::' 2'. Land designated as having limiting site factors are primarily defined by the one!`hundred-year flood plain (as defined by FEMA Flood Insurance Rate Maps)which comprises approximately four and: ,thirty-seven hundredths percent(4.37%)of the County land mass.Additional land containing limiting site factors is located along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical developmentwithm 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 iriipactsand alteration of natural features::, 3. Development•in the flood„plain may be accomplished through eitgiuCeritt' uf' he site or of the site location,'or structure or by gaining approval from FEMA andior acquisition of Flood Insurance. 4 F'or'development:in the Geoloi ical Hazard Area,landowners should consult the appropriate Section of Chapter 23.1s well as contact tlte State Geological'Survey. 5, For'develbt�iYi�ttt sln!ithe°� 'fu�port Overay Area, landowners should consult the appropriate Section of Chapter.23 as +ell as pontaet the;fsreelcy(Weld,county Airport. Land Use Categories Sec. 22-2-30. Agriculture. A. The. State County is cmc of the must-azrieulturall q pr'odt,eti,,c atatCS coUuti.s the.nation. Weld COullty 24 consistently ranks among the top live counties in the nation terms of'reeeipts 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 eighteen pc,cei.t(1856)five and eighty-seven hundredths percent (5.87%)of the State's thirty-two million(32,000,000)`tin cc',Lillian(3,000,000)acres ofi. igated fai inland 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 locallybythe 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. The pi iniary systeiii bne of a nuridiei Of influehcing 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.22-2-20 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 of.. hum.lied (3,100) (3,000) operators of livestock, poultry, vegetable, fruit,nursery and grain farms located in the County. 2. Tin.own,than one-third(?)of the County's farmers who listed farming as theh seconday occupation in the 1992 Census of Agriculture. Nearly half of the County's farmers listed farming as their secondary occupation according to the.1997 Census of Agriculture. This figure is higher than the 1992 Census of Agriculture which identified one-third of the County's farmers listing farming as their secondary occupation. 3. Those who offer farm-related products and services. Examples of these local industries are fertilizer and chemical product companies,suppliers of feed(grain,livestock and poultry),implement dealers,energy and petroleum product companies,well,pump and irrigation companies,veterinarians,aerial crop sprayers,farm laborers,commercial lending institutions, insurance and transportation industries. 4. Those who purchase products grown and raised on farms for manufacturing,processing and distribution. Examples of these local industries are meat,egg,dairy and vegetable processing and distributing facilities,and bakeries. 25 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. Cropland in the agiieultutal district also provide tclatinely open landscapes. This type of open landscape is distiuc,t Li vin natural vpc n space. an-an. A puncipal benefit derived fioau upcan apac.., is nc lief fiuun uvice iutuiSO tub-an asca cond.ctcd in a municipality. Aeniecdtuial lands Open space buffets help maintain a serest of LW al identity and diversity. These lands buffed s also allow conununiticsto maintain scpanat id uw,whippiC civine tvuaw v urg productive faurrlArrd.Thos..Agu ultucal lands an.pi i%atcly u s ned. Public aLCLSS to tlICSL ague.ulvua+ lands is uvt gum racked. alto wee d. Lac.ln incG v idual laudun n.1 may apply to Lone Lit ti atlitiunal a;lit.ndtun al lancet to otlrw uses dnough the appropriate land use proces . E. Agricultural lands help maintain a sense of rural identity and diversity. These lands allow communities to maintain separate identities,at the same time conserving productive farmland While crop lands in the agricultural district also provide relatively open landscapes,they are privately owned, Unlike urban open space areas,public access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands,but can be converted by the individual land owner to other uses through the appropriate land use process. F. As a secondary benefit, farmland pncs.nvaticnr 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. Ag ieulttual lands also absorb carbon dio.Aidc. Fan nn'nng Lan and,l,vuld be a compatible use and should be While farming has the potential to damage sensitive to natural ateas and processes, fanning can,and should Lc a completely compatible use. Most farming operations are sensitive to these uatwal systcuu and pruccaac>and may cvcnn ondnanncc thonnr: 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 (20014994)statistics provided by the state demographer,the population in the County is expected to double'Mtn 2000 to 2020(2000 population of 181,931 to 2020 projected population of 344,774), grow fifteen and seven tenths percent (15.7%) fnen, 1990 to 2000, indicating that the competition for land and water will continue. B. The pressure to use land for other than agricultural purposes is the result of complex private and public decisions. Residential and commercial development,and the associated+Ovation of highway and 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. r 26 C. Both perceived and real conflicts between agricultural uses and non-agricultural uses can impact the agncultural Agricultural operations want non agricultural uses to recognize normal agricultui al 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 piobl a.s skin host emnealistie enpeCtat:0us of those Jwk:ug a iuial lif.,atylt.. 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. Fann.ea and d.,vcdvp..fa d..p.,nd upon tilt, 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. Land 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 is a by-p.udu.t of tin,aka icultnnal industry all may eventually be converted to another use. Tile availability of a COusiat..ut supply of elt.an watt..must C,uat in of doe to hay._pi uu.,farmland. IN hue and pi iu.., if hiisat..d lands fall into upp.,t Lapability .,laaaL3 as d.,Gu..d by tin-Natural RbsVnfon.Cmns,e vation Ste vie..and Colorado ;.tat.,Unnvusty Cvupeativc Lnlcnanou Su vnu, al a. .. u t. - ata• fy b• a • available and they ale lucatLd-witluu a n,aa0uabl.,diata1C.,Of watu dt,lI%Lry atnuCtunCS. Sic.22-2-50. Noup.....c fal inland dt.f:..tttuic A. Noupnnut fan.dand is loo capability land that is not cousid.ecd unpoitant land for food piodustion. It may b.,t,unnpOS.,d of pw.t,. aunts pion.,to onauiun of may Ilan,tvpuwaplut,al lnfutatiunna aut.il as Slvpta u. yulln . D. County aguCultunal goals and pOl:CiCa Ira ve Le.,..IA duped an Suppuft and pn-at,n vt,tilt,agnn,ultun al unduatf f and fainting aCtiviti.,a. TI.Cat.gvalS and policies alai"add.Csa the Cou.ty'a nwpvusnLnlfly to unanag..,aCwnunvdatt and cnaune that ad.,quatt,public sovie,a aic availabl.,fm f..aidcutial, L°nunef.,ial and n.duot.:al growth width:a t,np.ntt,d to°cent. /r 27 �. DPS recommendation:Retain¶'s A&13 (above)and'I 2 sub 22-2-60(below)The elimination of the designation "Prime and nonprime"combined with the generalization of A Goal 1 (below)to include all agricultural land and the fact that most of the county is zoned agriculture may significantly impact land use applications on Ag zoned property. A possible solution would he to mandate the adoption or adherence to a tiered agricultural system(A-1, A-2, A-3 etc. )such as those adopted by agricultural communities across the United States. The use of the current Prime/Non prime designation appears the least restrictive of several options. Sec.22-2-60. Agricultural goals and policies. The following goals and policies are established for agricultural land: A. A.1.Goals and policies. 1. A. Goal 1. Conserve land for agricultural purposes I1cscrvc prime farmland for agricultural puipOsen which foster the economic health and continuance of agriculture. 2. A.Policy 1.1 Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to pieaer ve pi i.ne as,;,ultural provide areas for agricultural activities and other uses interdependent upon agriculture. without the h.terf rcncc of incompatible iesidcntial,commercial and industrial land uses. The availability of a COu3ibtr.ul supply of clean flat... roust Cniat u.Order tO Lave prune farmland.Dina farmland m land that Lan tla Leal wmbinatiou of pliyaieal and CliCnueal char ae0..iatiw fur p.uduvnrg food,fwd,]onager.,fiLLi and oila.Ld eiupa,and in also availabk.for tile .,uaw(the land could L.,etupland,pastureland,ran6a,larnd, forut land na utlm land,but nut umtani built-up land on water). It liaa the soil quality,gio.A Lig sLa oli and nio nttue supply laeded to ewnvmua,ally produa,., auatauad high yields of eiOpa when treatod and managed, including water inanagLnrern, aLCU.durg to aee..plabh., fanning uatlnnda. In ga,nelal, prune fanidauda have an adeyuatt, ai!i tlopLualablt, flak,. supply frow prwiprtatroi on nrrgatiun,a favonal1c t..uip.,i atule and 6i ins season,aw..ptabk, acidity of alkalinity,aeeeptabl.,salt and aodiumi a.untLnnt,and fa.w nn uo nnel s. I\inn,fainlanda an.ponna.abk,ter, water andait. Pram farmland,arc nut a.nan.aaiva.ly Liudible nn aaturatt,d with watoi for a tins period of time,and they Culler.. dO trot flood frequently or arc protected from flooding. (U.S. Depaitincnt of Agricultural, Soil Dtnuaa.rvMilli'SCa J±CCs [Special Se.;CS 17]January 1980. additional suppla.nnenta). 3. A.Policy 1.2. The County should develop creative policies to conserve agricultural land,Lonsidei vatioua.n.,tlrnda of agricultural lank]including preservation techniques and prioritizing incentives. DPS recommendation; Retain original statement(2 sub above)and alter 113 as delineated 4. A.Policy 13 D. A.2 goal and policy.Allow commercial and industrial uses which are directly related to, or dependent upon agriculture, to locate within agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure arc available obtainable:Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production. 5. 2. A. Policy 2. 1.4 Agtieuluial Lnsineaaea and induatiia.a will be eneoutas.nf to loeatc in aieaa that InniinuZL the iennoval of prime agricultural land flour production. Agiieullui al Luai.aaa and industriaa an.. defined-as-those which aic.elated to ranching,livestock production,farming and a6ricuhuial uses. DPS recommendation: Retain A Policy 2(renumber 5. 2.A. Policy 2. 1.4)in its entirety, Definition helpful to the public and planning process as well 28 C. A.3 goal and policies. 1. A.Goal 3. Distoutagc urban Stab 1c d.1itial, cOnunCiCial and industual dwdoyutcut wlndt is nut lutattd adjattut to toughing n1CotpOtattd tuuuicipalitica. DPS recommendation: Retain A Goal 3 (renumber) in its entirety,This is a smart growth principle and discourages "Sprawl" B. A.2. Goal and policies 1. A. Goal 2 Addicsa tLt Conversion of agricultural land to urban-scale residential, commercial and industrial Uses cloptncitt will be thatuutagtd t,tttvutag'd epristddgcl when the subject site is located outside inside an approved intergovernmental agreement area, urban growth boundary area, I-25 Mixed Use Development area,urban development nodes,or where adequate services are obtainable.I tban toes tray In. aLLLptablt 6t arras nl'i n. u,ban Inn aattuctutt is ttbtaatabl . This goal is intended to p,On,ott address conversion of agricultural land to in all t,tdttly manor,1 wlntli is to Laitnutty with tint pltastd growth plans of a utunkipallty and tht Cuunty. It la fat&tt inttndtd to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban-scale uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. DPS recommendation: The concept of urban and nonurban scale is inextricably tied to the idea of bulk requirements,zoning classifications and to some extent minimum development standards as addressed in multiple Chapters of the Code. Many areas of density classification, such as minimum lot size, are defined by State law and concern issues of public health, welfare and safety (water wells,septic systems). Density Classifications are an impoitaut and vital tool in the planning process. The removal of these concepts creates unreconcilable contradictions with the existing Weld County Code. A possible solution would he to mandate the adoption or adherence to a tiered agricultural system(a system of progressively restrictive uses allowed in a specific zone or area,ie. A-1,A-2, A-3). The current use of urban and non urban appears to be the least restrictive and most flexible 2. A.Policy 2. If it is determined that a-public fati ity,ftidil'ttfi&s, service improvements,or maintenance items are required by a development, the do, latzit use applicant, developer, or land owner will be required to pay for the costs of the public facility, and 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: g. A.Policy 2:1. Information which accurately identifies all users ofthe infrastructure improvements and maintenance. rand b. A.Policy 2:2. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share.;and c. A.Policy Aproposalthatidentifiestheappropriatetime that infrastructure improvements and maintenance charges should be applied. d. A.Policy 2:4. A municipality's adopted comprehensive plan goals and policies will be considered when an agricultural business is proposed to be lotatcd o, expand within an urban growth boundary area. C. A.3. Goal and policies A.4 3 goal and yabcic3. 29 1. A.Goal 3. Provide mechanisms for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and.mhanC.,the luglteat IC ye'of ays. ultuial p,vduttnvily in the County. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity density development.Urban state residential,commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not obtainable,available. 2. A.Policy 3.1. Options for the division of agriculturally-zoned land are available in Chapters 23,24 and 27 of'this Code: 3. A.Policy 3.2. Obtainability Availability of services such as electricit ,telephone,publicwater,natural gas,and sewer;sheriff and fire protection will determine the intensity of development allowed.if avian scale, uses ve ill be pc,miQu(. 3. A. Policy 3.3 The availability of these services will detumi ie the intensity of dwclopntaut 4. A Policy 3:3 A.Policy 4- Applications for the division of land which is zoned agricultural,shall be reviewed in accordance with all potential impacts of the divisio,no.n the-4g.icultu,al community to surrounding properties and referral agencies. The criterion shall include but not be limited to: a. A. Policy 3.3.1 Soil Classifications. is A.Policy 4.1.2. Agricultural productiveness of the site. b. A.Policy 3.3.2 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 4.1.4. 3.3.3 The level of development asaoeiated with the site,. d. A.Policy 3.3.4 Consideration Utilization-of existing housing.improvements or structures. e. A. Policy 4.1.6. reaaibility for Continued fan.,pi eduction on the site f. A. Policy 3.33''Utilize,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. 8. A. oliey 3.1.8 Lot and Buildinb LIES.Clop- dl.:4u and ylaeetu.uut shall b1/4, wade.to u,itigate wufliets htt.v eu,enwtut&,age ieultuial uses and futtue uou-agt teulftual uses. DPS recommendation: Retain A.Policv 3.1.8 (above)a useful tool in creating options and providing a degree of flexibility for the public as well as planners D. A.4. Goal and policies 1. A. Goal 4. Conversion of agricultural land to rural 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 patty goal is intended to pionnote address conversion of agricultural land to non-urban uses. Once converted,this land is less conducive to agricultural production.not couduenve tv agiieullut al pvduetiuir 2. A.Policy 4.1 Applications for the division of land which is zoned agricultural to ntrat non-urban uses shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. r 30 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 accessibiliy to existing infrastructure and utilities. c. A. Policy 4.1.3 Ensure sate and adequate access onto County Roads or State Highways. d: A.Policy 4.1.4 The level of development associated with the site: ei 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.5. Goal and policies A.5 goal and p„l;cie,, 1. A. Goal 5. The extraction of iiuni.aal minerals and oil and gas resources should conserve Inca.i v..the land and or minimize the impact on prime agricultural land. 2. A.Policy 5.1 The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. 3. A. Policy 5.2 When feasible, existing service roads should be utilized to provide access for oil and gas activities. F. A.6. Goal and policies F. A.6 goal and policy. 1. 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 urban Lib velopnient. other development uses. The capansioii of public facilities and 'S.,i v!.,.,a into will b.,discouraged.In evaluating a land use application,County representatives and the applicant will consider the public facilities and services goals and policies. 2. A. Policy 6.1 The County will encourage developers and utility providers to deliver urban appropriate services prior in conjunction with-to development. DPS comment: Who determines appropriateness? 3. A.Policy 6.2 Applicants for development are responsible to determine the status of a water well through the State Division of Water Resources 'Shall Ii.,await,that uwn..ialip of a pai....l of laud vv ith a mil dues guarantee the use of the well, unless fully augmented. The State Division of Watei Resom.,.,a shall be contacted by the applicant. 4. A. Policy 6.3 Applicants fan developinnennn hall folly dis.los. die quantity available and source of 1.niiwti.,and nun duiiiwti.,natci tv a.,i v ice tilt,p,upus..d development duiuns tli.,land us.,application pnueeaa. r 31 DPS recommendation: Retain II's 3 &4 above-Water is and will continue to be a significant determinant of developability. Clan lication and emphasis of this information is critical to land use applications,decisions and uses. G. A.?. Goal and policies A.7 goal and pulicy. 1. A. Goal 7. Protect agricultural land uses from encroachment by those urban uses which hinder the operations al effieieney and moduetivity-of the agricultural user. enterprises. 2. A.Policy 7 The County recognizes the"right to farm." In order to validate this recognition.the County has established a wvena,tt statement which should be incorporated on all pertinent land use plats.A copy of this euse,.a„t statement is located in Appendix 22-E of this Chapter. a. A. Policy 7.1 The agricultural landowner is responsible for self-,egulat;ng and following "best management practices" b'. A.Policy 7.2 The county will develop policies to recognize the changing dynamics of agricultural production,such as the size and scope of these operations. c. A. Policy 7.3 Adjacent lands owned or leased by an agricultural operation will be used in determining allowable animal unit densities. H. A.80 Goal.and,polieY I. A.Goal 8. Water is a'valuable resource in Weld County.Water rights are defined by state law as real property and may be bought and sold by individuals or entities. Land use regulations should not impact their status as real property. 1. A.Goal 8. Wate,eu,nently associated with a fa,nio'ru,al unit of land should be retained fin awieultun al vser. a. A.Policy 8 Any exportation of water out of a closed basin aquifer is discouraged. 2. A. Policy 8.1 Regulations which disvounage the out-of-baai,t,ansfv, of watt', will be inconpo,atvd into County ond,uanc s b. A Policy 8.1 Land use regulations should not interfere with the transfer of water rights and their associated uses. c A Policy 8.3 Concerns of irrigation companies shall'be'addressed through the land use referral process. The placement of fences, structures, anli recreational trails; for example, shall be made m consideration of the year-round maintenance and operation of the irrigation practice. This consideration shall be made to mitigate associated hazards. 3. A.Pul;ey 8.2 Cu,Kt,us eAp,ts,ed by appl'Cable'u,.;bal;vn LO,upau;w shall be uwu,poi ol.,d ald,wacd into the designof all subdi.-isions. The placement of fences,structures,and noti-moteiii„cd cLIwtioual hails shall be made un Luuaidu(diva of the y ear-,uuud uiau,teuauLC and upc,shun of the uuout;uu pnaCtiCe.- I. A.9. Goal 1. A.Goal.9' The minimum lot size of parcels in the agricultural zone district should remain at eighty(80) acres to encourage parcels large enough to retain viable farming operations or to accommodate modem agricultural equipment and irrigation practices. Lots of lessen size arc not gvnenally p,actical to fain,due to la,Kc-seals,u,anayenneut pnaetiCCS a istu,g today. 32 J! Ar1D.Goaland prjlic es�: 1. A.Goal 10: Promote a quality environment which is free of unsightly materials,including but not limited to,inoperable vehicles,refuse and litter. 2. A:Policy 10.1 Property owliers•'sho uld demonstrate re tls btittyof ownership bymininuzing safety and health hazards resulting'from,but not limited to, dereli t,structures, derelict:vehicles,and non-commercial junkyards • llw 3. A. Policy Develop programs for ci i p�,of'derelict property; .ati¢'weeds. Sec.22-2-70. Urban development: Population and economic giowth will create a demand fur conneraioa of land to ,t,l,a,l uses. The a1banr ticvcluput..n,t gvala anal yvin iwatt.1.aisu.,u to plait fin this auti..ipated vowth by din..ling u,l,a„uaCS to when., tuhau sc,vices exist or can more easily be provided, i.c., to existing municipalities and the 1-25 Mi,tcd Use Development area. The County recognizes that it is appropriate for its municipalities to plan for growth at their cuntcut boundaries and in the sutroundkig areas. To accomplish this,the County and the municipalities should coopei ate in joint planning efforts to achieve a consistent vision. The urban development section addresses the setvat:.,,,..v,tservatioaofag,icultunal land by encouraging ffn icntdeti lop„eutanddis.,ouragingurbansprawl. These goals and policies reflect a basic commitment to coitsci v tug natural and managed resvuiees while diiecti,tg w,uwtl,and e.,hancintg ecuii.mric development through efficient use of inf!astrueturc. DI?S recommendation: Retain opening';] ! . Population and economic growth will create a demand for conversion of land to urban uses. The urban �.� development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services;exist or can be provided. B. Urban develo mentis may be t p characterized bymtense residential,commercial areas for retail,offices,services, and other uses that:are primarily located along major roadways, at major intersections,and in commercial parks designed to accommodate thesemore intense uses. Large.areas of pavement for roadways;'plazas parking lots accompany these uses. Industrial uses in urban areas vary from heavy industry; and manufacturing, to manufacturing combined,with research and development that is less obtrusive and'disruptive to surrounding properties. Ustthlly;the heavier industrial uses are segregated into areas around the perimeter of communities and linked to major transportation networks...Lightii,dustrial industry and manufacturing may also be at the perimeters, but sometimes integrated inside'the coiittniuitity. DPS recommendation: Replace the word"is"with the words"may be and add the word"residential"before commercial C. Urbai'iesi entialdeselopmentincludeshighde,nsity`uit4ltt-familyprolects,singlefamtlyresidentialsubdivisions and.many variations between these two categories.Typically,the density of urban residential developments exceeds one unit per acre and all the neighborhoods arc characterized by paved streets,:sidewalks,parks,and a variety of housing types and other urban,type'land uses. Some commercial or neit hborhoadservice uses such as churches, y dacare;small-scale offices,sclioolscons°enience stores,small.shoppmgareas,etc.,are usually associated with urban residential subdivisions, Sec. 22-2-80. Concerns of Develbpmeitit A. Conflicts exist particularly l>etweei .rest e'zi. �`''i�e`r�' to went and existing rural`'land use''that can negatively impact Weld County. Tension is occurring not only from restrictions on normal farming practices,but also from 33 • U1 i:.4�:11�I'.Ili o:'.16'n`r�.� n •.. .�_ t a Irl'i'Z 41.I,i i � ;:_ .,.:. ..�.Y I I:n e�,l•rr 1(3 •• , _.i. ��•. resists a 4o change and growth. It is important thaf county representative`s'•and''ofl�iciaCs rgeniiize their role in reducing the conflicts between;development and rural uses. Consistent interpretation and administration of this chapter..and Chapters 19, 23; 24, 26 and:27,'.of this.code ;ill help in the reduction of conflict. Using these documents to make consistent land use decisions,'reinforces its usefulness as an information and decision-making tool on land use decisions trade°by private parties,as well as public officials. (Ref.22.2-50D) B. Affordable housing The escalation of development costs continues to raise the cost of housing twhich'is.m turn passed on to consumers. C. Devellopment sIiaircilnt'he'required to pay nth s.Si 'ti g'6�i'��'cv� icli•are more than;theu share':foe'ipgcades to existing"systems that benefit.everyone, D. The requirement of additional amenities to a development increase cost to the consumer and Should be thoroughly evaluated as to the necessity of such amenity i.e..bus shelters,pull-outs,trails,etc. E. Conditions of approval requested by referral agencies may be sciiituuzed to provide basic needs. The applicant has the right to question the referral and contest the conditions if necessary: DPS concern:Vs C,D&E(above) Who will determine what is unreasonable? Or. . .what is a basic need or a necessity? Who adjudicates this inevitable argument? F. Implementation of timely submission from referrals is required. The Planning Department needs to establish and adhere to..:reasonable deadlines for referral submittals. The application process needs to be evaluated for ways to make.the;entire:process more efficient and timely. Sec.22-2-90• Benefits of Urban Development: t^ A. Urban development is the most centralized and,therefore;the most intddense land use. More people live in urban centers than live outside urban centers bause they appreciate the closeness and convenience of serviceS••that are available. Clearly,there are less appealing elements of an urban lifestyle such as traffic congestion;Grime: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 tothe numbers o£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 to the areas,Nyhere it is appropriate resulting in the no'st efficient use of land and infrastructure.; Sec.22-2-100. Urban growth boundaries. A. Effcieut add o.'d.rly laud d.,r►.Cop.nc1,t and the plc civatioa conscrtatiof of agiicUlt,n,al laud that municipal bowidaiics *hCrc public 5.IViCa.S such as watk.r,s..wci and five pcoto.,tiocl arc aVailabh.. 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 34 land uses as the most obvious. B. CI ban develupn,e„t adja.e„,to n,u„ieipaliliea ;a app,upiiate :f ut Lau „,u„;.;pal . ; , can b.....t.„ded to set ve tin-a,ea,and;fte u,u„:e:palay w duty to.npaud in that lveafivu and u,annel.Effie O,de,ly de velvpu,ent in the a,ea au ounding a u,un:c.pality ,equues COO,d;flatiOn LCt.JeCu the County, and the municipality, and tLb individual lauduvuu.Tlua..Oo,dinatiun is aLluev ed by tluee(3)ii,elhuda.the flue.., unle,efu,al,inte,gvvumueutai mba„g, will buuuda,y agreements and the-ata„da,d e half-,n le u.Lan growth boundary. B. Efficient land development and thecouservation of agriculturalland Suggests that urban-type development take place in or adjacent to existing municipalities or where adequate infrastructure can be obtained. Urban development adjacent to municipalities is appropriate if urban services can be extended to serve the area. C. B- The intergovernmental urban growth boundary agreement is a by far the beat tool for coordinating development at the municipality/county interface. The individual landowners of property within the urban growth boundaries shall be notified and included in any negotiations of intergovernmental urban growth boundary agreements. In the spring of 1994,believing that each community should direct its growth,the Board of County Commissioners began contacting each municipality and el.all.uged tie,u to establish their own tailor-made growth areas. Believing Ca.I,.unununity tau and should duct ;Is Own growth, The Board uf County Conu,uas:uu.,a 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. Iufill of cuniniuflitibs IS a fa, ,uO,e efficient use uf land than uiban Swan]. 3. When a u,u,icipality and the County Cute, into an u.Lan giuwth buu„daff y ag,wu,eut,the Cvuuty aeu..a to abide by the u,uu;.ipality'a va;u„fur futw.,d.. Joplin-4a m the as..a. Likew;a..,the u,un;.;pality agi..a to hnutita CApauaion to the defined arcaa.vhcn,it plans to p,oVid..nunicipal senkes. It is understood that urban growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. D.E. 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. C When g.uwth at tic u,u„icipality/eouuty level is not cuo,di ated,some of the problems that can occur.intlud. tuada that du not tie into cad,othc,, u,cousioteut Cngu,ee,u,g standa,da,the pioviS;ofl of municipal 5..rviCCS by a liudg.pudge of,p...ial diatlieta, and the ,oust ubviuua p,uble,n of ineu,npatibe adjaw,rHand uses. Bw;dw add,esaing d,ese p,oLlen 5, the u,Lan g,owtl,boundary agn,cine,d.au be used.o pies."" Open Space eou:do,s i.[wwn,uu,neipaln,CS 0, 20 piOteet uupoitant wildlife habitat,natural and scenic ateaS. 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 boundaiy, urban-type uses and services are planned and annexation is encouraged. 35 DPS recommendation: Retain current Section 22-2-100 section in its entirety. Historical criteria established by the BCC outlines State and Local planning relationship'dynamic between the County and other entities. Insertion or the idea of Public involvement/notification into the delineation or creation of an I.:Gl3 or IGA,at the cost of the developer, is supported by DPS. This section is one of the fundamental tenants or principles of Smart Growth Sec.22-2-110 Urban growth boundaries goals and policies. The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's office and the Department of Planning Services. The following goals and policies are established for urban growth boundaries: A. UGB. 1. Goal and policies. 1. UGB Goal 1. The County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. 2. UGB.Policy 1. The County recognizes that municipalities can and should plan their own futures in terms of the nature and rate of growth. a. UGB.Policy 1.1. Revise intergovernmental agreements as required by changing conditions. b. UGB.Policy 1.2. The county encourages each munteigality to plan their futures in'coordination with individual land owners in unincorporated Weld County. The individual landowners of property within the urban growth boundaries shall be notified and included in any negotiations of intergovernmental urban growth boundary agreements. B. UGB.2.Goal and policies. 1. UGB.Goal 2. Concentrate urban development in or adjacent to existing municipalities,an approved IGA, their UGD alca�,O.the I-25 Mixed Use Development area, and maithtai,t urban growth boundary areas,urban development nodes, or where urban infrastructure can be provided. obtained. that Ntvvid., a„ uffkial dt i natio,h Lct.' cc,i future u,ba,h and non-urban uses. 2. UGB. Policy 2. Land use development proposals within an urban growth boundary area will be determined according to the procedure set forth in Chapters 22 &'23°of this Code. an intctsvve,tu,n.uta'1 agtccizicut betwcut the County and the municipality. In the absence of au into,govc►nincntal agrccincnt,land ytvyu 6 i„tullari growth boundary areas shall be meow aged if they adhere to the intent of this Chapter and the,lfi. ial iCSh)OtiSGS iec.,,Vcd. a. UGB.Policy 2.1. 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 I-25 MUD,or where urban infrastructure can be obtained. b. UGB.Policy 2.2. Until intergovernmental agreements are in place,urban growth boundaries will be defined as a one half-mile perimeter around the existing public sanitary sewer facilities. C. UGB.3.Goal and policies. 1. UGB.Goal 3. The County and municipalities should coordinate land use planning in urban growth boundary areas,including development policies and standards,zoning,street and highway construction,open space,public infrastructure and other matters affecting eff'aent orderly-development. 2. UGB. Policy 3. The County may consider approving a land use development within an urban growth 36 boundary area,iii the absGncc of an;MG govein ental agiewutent,if all of the following criteria are met: a. UGB. Policy 3.1. The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible. DPS comment: Who determines"timeliness''? b. UGB.Policy 3.2. The proposed use,including public facility and service impacts,is compatible with this Chapter and with other urban type uses c. UGB. Policy 3.3. The proposed use attempts to be is compatible with the adjacent municipality's comprehensive plan. d. I1GD. I ulicv 3.4. Public sei v iccs aw p!uvidLd to tlic p,6NisLil oitt with ivaain uirt C1tiuwLy w)� impacts, iucludiug those ou toads,schools and public safety. Data on public costa and potcutial lc enue a; is cct',,,,,,ncally nns..uttal bLtn.,f vial tu thy.County e.d. UGB.Policy 3.4. If public facility or service improvements are required by a development,and will not be provided by the adjacent municipality,the developer will pay these costs. initially. A'ALAdiod of tuiiibuiacunut for thwi,cwta will In.dctc uuncd ui tln,laud me application!cvu.w piUL‘ao. The ui.tlftKl of is ill dcpetil upon the following infonnatiou, which the ch.vclopei shall }nOvidc 1) Idcntitication of all cuiicnt and future users of the public facilities in services, 2) A pLOpOaal to equitably shaic they-wata antuus uacia, ailtl 3) A time scheduh,fOi appaitiolmient of the ehaiges auioiig uSCi and IenilLuiseuieut to ohaigcs anions ua!ua ILitnbuiocnicnt to tln.dovolopci DPS recommendation: Retain !I's e., I, 2 &3 (above)These factors are important in assuring that development is fiscally responsible for development impacts. D. UGB.4.Goal 1. UGB. Goal 4. Whenever possible, open space within a t'trban development should be connected to existing open space. This would eteatc a syati.n.in .vhieh fanning can be iniplcincntcd, wrldlit:, oan n o., through and visual qualities can he niaintaincd. 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. With few eaeeptiOn5, theac scticiuenb lidve had 1lth. Oi no giontli aincc their ueeptiOir Substantial population growth has occurred is not antii,ipatcd in these communities due to the despite a lack of community water and/or sewer facilities and because their remote locations. These settlements will probably continue to function as small-Waal centers serving the needs of the surrounding rural population. C. Regional services such as waste water treatment plans, water treatment facilities, tire protection, law r 37 III b t . enforcement and transportation systems are eitcotuaged to service mcotparatied communities:' D. Further development in unincorporated conununities will be encouragedlt Int,n tl.t,itnpat,t is yu,sitive. only when adequate services and infrastructure are available. DPS recommendation:¶i 13 add"has occurred" and"despite a-,'IC add "fire protection,law enforcement and transportation systems'. "ID add"only when adequate services and infrastructure are available. Sec.22-2-130 Unincorporated community goals and policies. The following goals and policies are established for unincorporated communities: A. UC.1 Goal and policies. 1. UC. Goal 1. Assure proper location and operation of compatible land uses by maintaining land use regulations within unincorporated communities. 2. UC.Policy 1.Expansion of existing unincorporated communities will be based on the following criteria: a. UC. Policy 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 1.2. 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 dt.vt,loymt,nd land use application adjacent to an unincorporated community. B. UC.2 Goal. 1. UC. Goal 2. Maintain the rural character of these settlements. C. UC.3 goal. 1. UC. Goal 3.Accommodatc new development(,.Manly duougln inf ll of existing vacated platted lots. D. UC.4 gual. 1. UC.Goal 4. Maintain urban gnu wtl boundary areas that ptvvi& at. offt.ial dt fnition LCtwCcn future, tubau and asniCultutal land uSt,a. DPS recommendation: Retain C &D(above),These concepts are universally accepted as"Smart Growth'principles C.UC.3. Goal and policies. 1. ITC.Goal 3. Promote a quality environment which is free of unsightly materials,including but not limited to, inoperable vehicles,refuse and litter. 2. UC.Policy 3.Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and non-commercial junkyards 3. UC.Policy 3,1 Develop programs for the cleanup of dereliot properly,junk and tweeds. r 38 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 in a...uldau.,c with lln,tuba's ghowtb Lou.nlaiy and I-25 M.,.cd Use Del/augment and urban development nodes goals and policies defined in Se.thou 22-2-200,o1 otict an-as wl.c.c ',Wan adequate services ale attainable. when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use Development area, urban development nodes,or where adequate services are obtainable. Land zoned for industrial use is found in almost every municipality in the County. This dispersed pattern allows for local job opportunities.Indust...aluses in tuba..a.cas vary flonilheavy induatly and ,uauufa..tu.ii.b, to nmuufaetm hug evu.bnled w itlh iesea.LL and development that is less oblhusiv._ and disiuptiv.,to BuhluuudinE y.up...txea. Usually,file licavici industrial uses an.,a. iueated into a.eau a.Loud tln,y..huu..leh of w..uuu.u4w and laded to maim thanspohtathuu n..lwo.l.a. L1sht induathhal and-ulanufaLtuh ws...ay also L.,at tlh.. 1/el niicLls,but ale aoinutw.ea_i.1a.s.ated_n.sid., die oolhn.,unity Sec.22-2-150 Industrial development goals and policies. The following goals and policies are established for industrial developments: A. I. I. Goal 1. I.Goal 1. Add.eas the Conversion of agricultural land to ulban-aealc hesidemtial,e 7 .uueleial and industrial uses de.eloyme.itwillbed1SLOULai,edencouragedwhenthesubjectsiteislocatedoutsideinsidean approved intergovernmental agreement area,urban growth boundary area or 1-25 Mixed Use Development area,and urban development nodes,or where adequate services arc obtainable.U11ran uses way be iineeptable a areas-etb....,a,La., aiaatiuctwc is obtainable. This goal is intended to pto...oho address conversion of agricultural land ill anv..i.,ilyi.whai.hwl1 htsinBali.Conywiththe phased l;.ovvtl.plans ufan.u..ilipalitya.A} the County'. It is Luther;iitimiled to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban-seale uses. In addition,this goal is expected to minimize the costs to County taxpayers of providing additional public serf ices in rural areas for that require services on an urban scale level: I3. I.-l-2 Goals and policies 1. I Goal 4 2 Encourage the expansion and diversification of the industrial economic base. 2. I. Goal Policy 2. Accommodate new industrial development within planned industrial areas. a. I Goal')Policy 2.1 The applicant shall ensure that adequate and coat-effective services and facilities are available. b. I.Policy 2.2 Applicants for development are responsible to determine the status of a well through the State Division of Water Resources shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well,unless fully augmented. The State Division of Water Resources shall be contacted by the applicants c. I. Policy 2.3 Promote industrial development that is appropriately located m relation to surrounding land uses,and that meets necessary environmental standards. d. I.Policy4 2.4 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: 39 I policy 4.1 1). The n4 !envn-onrrient, tnclti'dmn air water �y�'tr ty,natural drainage ways,,soil properties and other physical.Cltaracteristics of the lat d, 1 policy 4.2 2). Tl :'compatibility with st r ound ug land use in terms Of general use,building height, scale,density,,traffic,:dtt,4nd noise. I puh y 4.3 3). The acs between public roads and the proposed industrial develop'i"iit'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. I policy 4.4 4)... Encourage'develo t that sensitive.i�l�'1tural tteri s and. liailities of the land. • l 1.�rl "' i 1--policy'4.5 5). Visual and sound harrier landscaping i$i*ld be egwred to scree:open storage:areas from residential uses or public:roads. C. I.3.Goal and policies 1. I.Goal 3.Achieve a well-balanced,diversified industrial seck}r base in order to provide a stable tax base and to provide a variety of job opportunities for County citizens. 2.I. Policy 3. 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. a. I.Policy 3.1.A good working relationship between the public and private sectors is an:as`s #.l aa�i]tial The County should continue its support of organizations `' �•" pp which foster this ecgnomic development t�latie.1ShIIp. D. 1.4. Goal and policy 1. I. Goal 4. All new industrial development should pay its own way. 2. I.Policy 4. 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. a.:I.Policy 4.1 Evaluation of the fiscal impacts of new development shatl` nclude 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,egcuomy;and other indirect benefits. DPS Comment: This appears to mandate a detailed Cost Benefit Analysis. These arc costly,time consuming and technically sophisticated. Who will conduct,provide or pay for this? E. I.5. Goal I-1.Goal 5. The Addis cou t_inioti of agi itultut al land to urban-scale residoitial,conancicial and Indust'ial 40 i-. scouragcd cncou,aged when the subject site is located outside inside of an l,,`rbaii uses maybe acccl,table in areas where urban in Iin h ash ucture is obtainable. lia..nony with tic ph.,d o W th plans of a iriwiicipality and the County.It is furtiici intended to minimize the ttrbairstak-userradditiorctiris policy is expected to conti ibutc to minimizing the costs to County taxpayc.s of providing-additional public Scrviccs in iutal areas for uses that requirc services on an Urban scale level. 1. I. Goal 5. An application for industrialde'elopmentwithin or adjoining an unincorporated community should be reviewed in accordance With the unincorporated community and industrial goals and'policies;an application for industrial development within an area designated for agricultural use and located outside of an area as an urban growth boundary area should be reviewed in accordance with the agricultural and industrial goals and policies. F. I.6.Goal 1.I.Goal 6 The extraction of minerals and oil and gas resources should preserve the land and minimize the impact on industrial land uses abii;.ult�al la«J. G!: I.7. Goal'and!policies. �l ail i.:3i J .,., 1:I.Goal 7. Promote a quality envixoaunent wlixch �tree of uti tghtly materials,including but not limited to, inoperable vehicles,refuse and litt;~at 2. I. Policy 7. Property Owners should demonstrate',E1 ponsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and non-commercial junkyards 3.1. Policy 7.1 Develop'programs for cleanup of derelict property,junk and weeds. Sec.22-2-160 Commercial Development. Urban lir Commercial zone&Ali.ts,comas L,.;al developiiient is characterized by intense't.oinnielcial 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 rabic;.,t..��, uses. Large areas of pavement for roadways, plazas and parking lots accompany these uses. The urban gi owth boundat ies,and the 1-25 Mixed Use Dcvelopinciit ,n urban g.owth nodes,or where adequate sci 4 ices are obtainable,An approved intergovernmental agreement area, urban growth boundary area,I-25 Mixed Use Development area,and urban development nodes,or where adequate services are obtainable, are the areas intended to accommodate commercial zoned development. Co,.Lix..c;al l.,t,.ucnt will occur in the urban growth boundary as a result of municipal giowtlr and the utilities, public facilities and scrv;ccs planned in the futn.n.. For example;,the I-25 Mixed Use Development area has also-been the focus of capital improvements and services,primarily through the creation of special districts. Sec.22-2-170 Commercial Development Goals and policies. The following goals and policies are established for commercial developments: A. C.:1 Goal and policies 1. C. Goal 1. Enc,,usage the xpausion and dive.sification of the commercial cconomic basc.Urban 41 commercial uses will he'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 obtainable. 2. C.Policy 1. Ensure thc compatibility of conuncitial land uscs with adjacent land uscs. Minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban uses. a. C.Policy 1.1 Minimize the costs to County taxpayers ofproviding additional public services in rural areas for uses that require services on an urban seek level. B. C.2. Goal and policies 1. C. Goal 2. Encourage the expansion and diversification of the commercial economic base. 2.C. Policy 2 New commercial development should either be located in areas free of natural hazards,such as wildlife, geologic hazards, floods and high winds,or be designed to mitigate the hazards. C. C.3.Goal and policies. I. C. Goal 3. Address the compatibility of commercial land uses with adjacent land uses. 2. C.Policy 3. Applications for commercial development should be reviewed according to all applicable goals and policies contained in this Chapter and Chapter 23,24,26 and 27. 3. C.Policy 3.1. New commercial development should demonstrate compatibility with existing surrounding /—` land use in terms of general use,building height,scale,density,traffic,dust and noise. 4. C. Policy 3.2. 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 '4.'Goal and policies 1. C. Goal 4. A good working relationship between the public and private sectors is an asset.The County should continue its support of organizations which foster this economic development. C.Policy 3.1.Applications flit coriunetcial development within a municipality's urban growth boundary area should be reviewed in accordance with the ul.jait 6iuwtli bud4nlaiy curl co1n ncicial goals and- olrcics. C.Policy 3.5Applicants foi do k clopuretrt shall fully disclose the quantity available and source of domestic and non-doi,icstic i,atci to sct viee thc proposed development duiing tlic land-use application pious,. E. C.5. Goal and policy 1. C.Goal 5. The applicant shall ensure that adequate commercial levels of services'and facilities are a.ailabk obtainable to serve the commercial development or district. 2. C. Policy 5.1 The land use application will demonstrate,to the satisfaction of the Board of County Commissioners, that the street or highway facilities providing access to the property are adequate in width, 42 classification and sti actual capacity to meet the requirements of the proposed district or development. AeL,..ss tons:acl impacts caused by dcvdopuient. 2.C.Policy 5,2 Applicants for.development are.tesponsibke'to determine the status of a well through the State Division of Water Resources. shall be aware that owac►ship of a parcel of hind with a well does not Luntactcd Ly the applicant. F. C.6.Goal and policies. 1. C.Goal 6. Recognize the impact of new development on the natural environment and develop measures to mitigate these 2. C. Policy 6. Encourage Rcquitc ctloiioatt...ttlally acii.itiv.. designs fui J�.v,lutal,c[rt that preserve desirable natural features,conserve or create favorable space for wildlife and minimize pollution. 3. C. Policy 6.1. Promote efficient utilization of water resources. G. C.7.Goal and policy. 1. C. Goal 7. Ensure maint.,nancc of a quality commercial environment which is ficc of unsightly ioatcrialr,including but not limited to, inoperable vehicles,unsciec►ied outdooi stofage of items, refuse and fitter? 2. C. Policy 7. Commercial dcocloplllcnta should 15‘. d..sigtt..d in a itratut..t wlli..11 mini ILLLG. pakstrianivehicle conflicts and negative visual impacts,and creates an awaiencss of the natural etiviroiuottit. 3. C. Policy 6.1 EncouragL coi nine'cial cl.vtlop[nent should be deslcr[ed to ..u1i„ncZ u[g fl.atuic3 �aual rlalu� .vnLJur5,..k. G. C.7.Goal. 1. C.Goal 7. Encourage the infill of existing commercial developments and provide an environment which supports growth for existing business. H. C.8. Goal and policy 1. C.Goal 8. All new commercial development should pay its own way. J. C. 10.Goal Addicss the conversion of agricultural land to Cuban icsidcntial,co►1i„icieial and iudushial uses-will be encouraged when the subject site is located inside of an approved i►rtct oveinmental Jgrc../[iutt boundary area or 1-25 Mixed Use Development arca and uulian development nodes and where urban-set vices flay l,c provided. Urban uses maybe acceptable in areas where u[ban infiastr tic tLac is obtainable.This policy is intci►dcd to lnornate conversion ofagricultui al land to minitr[ize the incoinpatibilities that occur between uses in the zoned agricultural district and oth,r aoncJ distt iets that allo t ba,l-s.alp users. ftraddition, this policy is expected to cotittibute to tilinittti.,ing the costs to County taxpayers of pro%iding additional public set%ices in rural areas for uses that require services out an urban le el. 43 K. C. I I.Goal The cAt,adieu of i0i.,.,als aud oil aad gas rtsvmLea should p,es.,ne th..land and mi,tnmbe d, 6t,pa.,t Oil CO. unCiCial land un.o ag,iv ultural laud. 2. C.Policy $. Provide'mechauisms whereby new!developinent 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. I. C9. Goal mid policies 1. C. Goal 9 The extraction of tun .a}mincra7s,and oil and gas resources should conserve pll.3Llv the WI ;al land and or minimize the impact on prime as,icultu,al land. 2. C. Policy 9 The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. 3.C.Policy 9.1 When feasible, existing service roads should be utilized to provide access for oil and gas activities. 4.C. Policy 9.2 Evaluation of the fiscal impacts of new development shall include indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts;support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. DPS Comment:This appears to mandate a detailed Cost Benefit Analysis. These are costly,lime consuming and technically sophisticated. Who will conduct,provide or pay for this? J. C.10. Goal and policies. I. C.Goal 10. Promote a quality environment which is free of unsightly materials,including but not limited to,inoperable vehicles,refuse and litter. 2. C. Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards 3. C. Policy 10.1 Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-180 Residential development A. The oilcan g,vwtl, boundaiieS and fin, 1-25 Mi,...d US.. D.,v.,lvpu,..ui ai.,a a,., lut..ud.,d to aLuvuu,wdal., 1 Caid.,,,.ial d..v.,lvpu,ent. Cliapt.,,23 of thin Cod..idLutif,w low,,u..diun,and higl,d..,,aily,.,aid.,nlial ua.a. TIn. tine..(3)d.,ais„ativua,..LOynin.,diffL,..nu.,a anniny,Laid..ntial..nvi,v,nn.,nta. ThL int.,nt is tv..atabliali i.aid..utial a,1/4a3 whi.,h,.,1lwl yank alas Lfw[yl.. .,hviwa, in.,luding dw.11h,g unit typi, d.,naity, LayLu,nu.ntal 5k-thug and tunv.nu..nee h,vch. D. Supporting utilities and public S..,vicea and ,elal.d f eiliticb a.e esaa,tial to any ,wid nt;al d.,velop,neat. R.eognitiou of this has l.,d the public aC..t.n to iequue that,esid.e,tial d.,velipu,Lnt b.,aec.nupaui.,d by pwviaim,a f0, ad.,yuat., fa ililiw and 3%.11/1“..a. The final wualiainfa upon tin, County govt.-lima-4a will nit p.,,nut iudmciu,uuat.,d.,vclvpuient with no,esaid f0, how su.,L so-vices and facilities-will be pro%id.,d. 44 n DPS recommendation: Retain}'s A&B(above),delete sentence immediately below The inteiit is to esta1bitsh residential areat'wliieh reflect affordability and:lifestyle chokes,that'include dwelling unit type,density,environmental setting and convenience levels. thorough`exantinatton of issues 'such as compatibility with surrounding* and regtdiial Eland uses, availability, and adequacy of infrastructure and services serving the proposal,:impacts on.tlte.naturalenVironment,and other issues shall occur in the.review of all:residential,developments.. :.,., . ,�:,,i .. ,.�:;,., ,,;..,.., , nr" l lit "I��' � .:..,.: Residential development occurs in the Residential` );done l fttrtct;the l cite(E)Zone!District, the Planned Unit Development(PUD) Zone District, or the'Agriculture'(A) Zone''.Diistrict. 'These different districts are'specifically described;in Chapters;24 and 27:of this Code: Supportiri µtilitie�artd 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:*adequate facilities:and services. The R-zoned districts, R-1, R-2, R-3 R-4� `f R-5 vary in intensity and density, but are: nerally urban APT e developments of single family lots,multi-f'atiiil3r lots,or sites for mobile homes It is important!Oat these types of residential developments..are located inside municipal boundaries,in urban growth'boundaries or nodes,tlte'I-25 Mixed Use Development area,or other areas whete,adequate'ser-ices and in#'iastructure aire,pbtainable. B. Estate zoned'developments are more rural,and are characterized by larger lots, La.iv d:h.l►.a, some limited urban amenities, :limited livestock audlor other non`--urban components. These types of residential developments are generally located m areas at the outskirts of municipal boundaries or between towns,and must be planned in relation;tO the infrastfii,C a obtainable and compatibility of land uses. DPS recommendation:Delete"streets w!barrow ditches"and add"limited urban amenities"and add"and compatibility of land uses." C P JD zoned residential developments may include the above mentioned R-Lone Districts or the E-Zone District, or may be,part of a.master planned,mixed use development. See section 22-2-210 and Chapter 2?..for further information regarding Planned Unit Development. D. Resit ential development on agriculture zonedl''land is provided to:aid in ltie:continuation of agricultural production'andlorto acconaif odate low intensity.development. Section 22-2-190 Residential Development Goals And Policies The following Goals and Policies are established for Residential Developments: 1. R.Goal 1. PIoniot.,tl.c dovclupmcnt of affurdable,quality housing fur all County.ea;dents. R.Policy 1. Opportunities fen iiiultiplc-faiiiily and manufactured home developments slhouldbe provided tO C..wu.asc,lvt,vci-ti,u t aw.tL[and uwiii i-OCCupiCd housing. a. R.1\,licy 1.1. Affordable housing dcvclop...cuts should be located within a reasonable walking distance tlr aliuppurg,aa.h0ula and parks,01 Ira,,..ar,wasly t,ubl;C hauapv.tat;vrr. b. R.Policy 1.2. Affordable housing dce-clopmcrits fur senior citizens should locate within a reasonable distance of coliiiiiunity eciitci ,paiks and shopping areas,or whey;t.a,isportation services can be provided to t.uaLl>,,aC4..cSS tO thew,aCtiv ity artaS. c. R.roll y 1.3. Affuidablc housing d1. clop.ncr.ta should not be located in able plaeca aucl.aS.rca. railivad lines,indust,ial uses or other potential nuisance aicas unless design factors are included to buffei the /"-• clevclupnrc..t f.em incompatibl..asI.s. 45 A. 12..1: Goal and policies 1. R.Goal 1: Urban residential uses will be encouraged when the subject site is located inside of an approved intergovernmental agreement area,urban growth boundary area, I-25 Mixed Use Development area, urban growth nodes,or where adequate infrastructure is obtainable.' 2.'' R.Policy 1: The County should encouraAe n efficient form of urban residential development by directing urban residential growth to;those areas where urban services and infrastructure are obtainable. 3. R. Policy 1.1 Lucoulagc the enpauSidu and do Cr SifrCatiou of 111e industrial LCOubuuc bus., wlrw t1n subject 'sac is located inside an approved aud.1ur inIeigovcrrurlcntal agieuucntdied, urban growth boundary Luca,I-25 Mi,ALd Use Dc velvinnent area,ur al ban des elopnrcnt nodes.Urban uses may bL acctptabh.in altos tc bete urban infrastructure is obtainable to suppoi t icsidential der elopment!,Urban commercial and industrial development will be encouraged when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area.I-25 Mixed Use Development area,urban development nodes, or where adequate services are obtainable.This policy is intended to support urban residential uses. B. R.2 goal and policies. 1. R.Goal 2. &risu'L that adequate public a i viva and fauilitivJ ale availably to aenc the lcaidwrtral debtlopirn.ut o, district. 2. R. Policy 2. Tl1c land use applicant will detlrOn hat,.to tine baud of County Cvnuntaaiorlcm that adequate salutary Jcwl.l and public watl.l systcllu an.available tv all rwiderltial develuprnLut,a111Idiat tik street or highway facilitic.providing aLLCaa to flit puupClty arc adequate in width,olassificatiou and ahuetulal capacity tv 1'1eet tlly leyunCnrtula of fill,plvpoacd diJtlict or dy velopulent. AwwJ b.hvLLu public loads and tllc Ill vpwyd lwid ntial develupriiLut Vr diatuct alrould be glauts.d only after wuJidLtation is gin-it tv thy laud ua o and traffic pattLn. iii the area of development and the JpeL 1f5L Jitt.. Inttattal road l.ireulatiorl, off Jtle\.t paikilr6, aLJA.lt.ratioll and tlLt.elLrat,o,l laic. , t.V11L11V11 CR.L1.3.3. Lunt.t.tl Vl1 punit , sisnalrLatlon and trafflt, nnprovcanelntJ Jllall ht. lettulled wher.,ver lltcessary to mitigate traffic riftpd‘to eauSed by the deseloprrlent. a. R. Policy 2.1. Applications fvl residt.rdial develOp111Cnt should be leviewed in accordance with all applicable policies and gvalh Loutanred in tlua Chapter. DPS recommendation:Retain''s 1 &2(above) 1, R.Goal 2. Conversion of agricultural land to Latin,Lorn,d lcaidt,rrtial other uses may be accommodated when the subject site is in an area that can support such development. 2. R Policy 2. Regional compatibility will be considered when eJtatc girdled residential uses are proposed.. a: RPolicy 2.1.The size and density of catatt.nollyd residential development shall be'determined by the infrastructure and services that are obtainable. C. R. Goal 3. 1. R. Goal 3. P1Olnoty efficient and cost effective delivery of public facilitiuJ and Jy1 viyya h,rt.sidential devt.loprriLirl of diahieta. 2. R.Policy 3. Tl,C County should CnCOurdgCa Corupa..t form of urban developllnut by ducetulg, . ideutiaf growth to urban growth boundary areas dud to thirst,aleaa-vohere urban aLi vices arc aheady availed/h.befoiC 46 WIILLuatia6 altY.rrlah.a,..as toI►rJll�\.ilt,OC 4J�.: a. R.Policy 3.1. Allrcaidc,Itial d.,v.,h,pmentptopc,sals should l,c rc'riewecl in aronrdsnccl..ith all state-and-federal standards, including but not li,ilited to the requircrnciits of the Clean Watcl and C1vai Ai. Acts. b. R. l\,licy 3.2. icsid..,lt;al d.,%cloprtrcrrt should d.,rrloastrat. «,,.pat;Lil;ty .ti;Ur .A;JI;,,g sulluJnding-land-uscin terms of gc„cial use,building height,scale,density,traffic,dust and noisc. c. R.R,licy 3.3. Cons‘ifatioti of natural site features such as topography,vegetation and watch cowscs should be considered in t c project design. DPS recommendation; Retain Is 1 &2(above) 1: 'W'Goal 3. Proside mecl anism Tfo"r'the division of lan 'zoned A ieulture to. cco a low mtnodat. intensity development. 2. 1k Policy 3 <Eniplfay 0'414 test} Oties such as'exemptions,clustering,ease lts etc.,to allow a portion of a parcel to be developed'into'residential lots while retaining,tracts that call continue to be used as agricultural lands or othe low intensity developments. D. R. Goal 4. 1. R. Goal 4 . All new residential development should pay its own way. 1 'R.Goal 4. Promote the development of affordable,quality housing for all County residents. R.Policy'4. Opporti ities for housing developments including;but nod 1'imited to,:multi=family and manufactured homes,'should be provided to encourage lower cost renter or'owner occupied:housing. 3. R. Policy 4.1 Affordable housing developments should be located within a reasonable distance'of employment,community centers,parks,shopping areas,an,dschools,or where transportation services can be provided to enable;access to:these areas: 4. iniOlicy 4.2 Provide for'appropriate aecomrnoattions suitable for multi-generational or caretaker quarter 5: 1: .Polley 4.3 'the Coif} .swill consider proposal glch provide affordable housing which include, • but are not limited to,hi r'_densi reduced ameai ips'.reduction in open ghe ty, p space requirements: R Goal 5., ,. 1. R.Goal 5. Ensure that adequate public services and facilities are ob"� `able to serv 'the'iesidential development. 2. R.'Policy 5. The land use applicant will demonstrate to the Board of County Gounissioners that adequate sanitary sewer and water systems are available to all residential development;'and that the roadway facilities providing:access to the;property are adequate to meet the requirements of the proposed development. 3: R.Policy 5.1. Applications for residential development should be review-edin'accordance with all applicable,provisions of this Code. 4. R. Policy 5.2. Applicants fordevelop' ' . ;.rte respon ible to.'determine'the status'of;a`well through 47 it ,.� ii.:. � iVt+ �,,.. i,i+l the Co}¢ do Dive �':o£vl�atei l esourc411 F. L,06a1'6. 1. R. Goal 6. The compatibility between nee residential development and existing surrounding land uses will he,considered. G. R. Goal 7. rGoal4-7:"` All nettesidentt l'aevelopmetit shouldpay its own way. 2. R Policy 7. Provide mechanisms whereby new development pays for the costs of infrastructure directly:related tQ'ti a developinetlt. 3 R:Polzc ,.2 Evaluation of the fiscal impact's ofresidei tial development shall include indirect benefits such as sales and use taxes generated by residents: construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work.force necessary to the economy; and other indirect benefits. DPS Comment:This appears to mandate a detailed Cost Benefit Analysis. These are costly,time consuming and technically sophisticated. Who will conduct,provide or pay for this? H. R Goal 8. e". 1. R Goal 8 Encourage creative and innovative approaches to meet the needs of a diverse population by encouraging: a. Senior Housing Opportunities b. Aftbi•dable Housing Opportunities c. Special Needs Housing Opportunities I. 1. Rrd{oai'9, Thee +t'F''t"'}ton of minerals and,.oil or gas resources should conserve theland`:and minimize ,tlie impacts on:resrdeotial development; 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'develbpment is a method used to review the subdivision as a unified and integrated':development.. Winn dt.rclop,,,c„t is planned as a tauifii d a„d wliOlc,it is,tat ia,tc.,a&d tv hi.LIac.d t0 cu�uu,v�nt o,Jiaty,t tln.Kvals,�vlia icp yr as quue,,,c„ta of this Chapte, and Chapters 19,23,24,26 and 27 of this Codc. -The PUD process shall not be used.toleircuntvent or distort the goals,policies or requirements of this:Chapter,Chapter 22, and Chapters 19,23,24,20:0427 of this Code. The objective of the PUD is to encourage flexibility and variety in development. Planned-emit dtvJop,nc,its t.a„bcw..ril CoL,ity c it;Li.,w by W,vu,vti,ty, tiae of laud,gzcatt.. p,ev;a;v„of. ca-space and unpioved a�all,�lia a:It'is acknowledged that the encouratemeitt of fleilih}itt and variety may not be fully aligned with all technical and'regulatory requirements of the.Code. Therefote,i tlie.intent of certain elements of the Code may be 48 �.� satisfied in'creaative n ays'that are not specificallr,descr'tbet 'tn the Cods'The County will encourage a creative approach to development design while.proteetulg;the health,safety and welfare of Weld County citizens,;To this end,the Planned.Unit Develop***considered to be the preferred method'for review and entitlement,particularly for mixed use developments: DPS recommendation: Retain strike out portions of above, Delete last four(4)sentences beginning with"It is acknowledged that. . ."and replace with"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,preserve a site's natural as well as scenic characteristics,minimize the impact on transportation facilities and conserve the value of land." Sec.22-2-214: Planned unit development goals and policies. The following goals and policies are established for planned unit developments: A. PUD.1. Goal 1.PUD. Goal 1 Maintain land '1st regulations that allo*Cuuuty uffivialo r, d tin loruia iit as a planned unit developineut according to the definition set forth in Section 24-1-40 of this Cock:IiiIan effort to promote the PUD.proCess for development review;the County will cooperate:With the development applicant'to achievi;the objectives of the applicant while ensuring the proposal meets'all health and safety needsf;meets the intent of the zone district(s)applicable to the land use proposed; meets the intentof the goals.expressed in this section;and conforms:toahe:Weld.County Comprehensive Plan. IDPS recotnrnendation:Retain strike out portions of above B. PUD.2. Goal 1. PUDI Goal2 L,i..otuagc,creative approaches to land development which will result in environments of distinct idcatity and chin actci:Conversion of agricultural land to urban residential commercial and industrial uses willbe;encouraged when the subject site is located inside of an approved intergovernmental agreement area;:urban'growth boundary area, I-25 Mixed Use Development area,urban development nodes,or where adequate services are obtainable.This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the:zoned agricultural district and other zoned districts that allow urban'uses. In addition,this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public service in rural areas for uses that require,services,onan urban level. C. PUD.3. Goals and policies 1. PUD.Goal 3 Maintain land use regulations that allow County officials to review development proposals which may combine uses by right in two(2)or more zone districts,or which in some manner qualify as a planned unit development according to the defmition set forth in Section 24-1-40 of this Code. 2. PUD.Policy+:3 An application for a planned unit development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and planned unit development goals and policies: a. PUD.Policy+ 3.1 An application for a planned unit development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and planned unit development goals and policies. �., b. PUD. Policy 3.2 An application for a planned unit development in areas designated for 49 agricultural use should be reviewed in accordance with the agricultural and planned unit development goals and policies. D. PUD.4. Goal 1. PUD. Goal 2 4 Encourage creative approaches to land development which will result in environments of distinct identity and character. 2. PUD.Policy 4. 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. a. PUD. Policy 4.1. 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. b. PUD.Policy 4.2. Conservation of natural site features such as topography,vegetation, and water courses should be considered in the project design. E. PUD. 5. Goal. 1. PUD. Goal 3 5 £,.sa,c thatadcquatc Nubi sc.vicca and faL:1:G . faLilit1Ln and publiL SL.v«Ln i", availaljk to s..r c d,c PUD o. dlohict. 1. PUD. Goal 5. Demonstrate that adequate facilities and public services are obtainable to serve the PUD or zone district. 2. PUD. Policy 5. Creative and innovative approaches to obtaining adequate facilities and public services will be considered. a. PUD. Policy 5.1. 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. b. PUD. Policy 5.2 Creative and innovative approaches to internal road systems will be considered. F. PUD.6 Goals and policies. I. PUD. Goal-4-6 Promote efficient and cost-effective delivery of Nall:,, facilities and public services in the PUD or district. 2. PUD. Policy-4-6 A proposed planned unit development or expansion of an existing planned unit development should be subject to the following provisions or other adopted regulations by the Board of 50 County Commissioners: a. PUD. Policy 6.1 Flexible design elements of a planned unit development should consider compatibility with existing and planned uses on adjacent properties and within the planned unit development. Design elements to be considered include,but are not limited to: general use, scale, density,architecture,distance between buildings,building setbacks,building height,street design, traffic impacts,off-street parking,open space,privacy, signage, screening and landscaping. b. PUD.Policy-+2 6.2 A planned unit development which includes a residential use should provide common open space free of buildings, streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some planned unit developments may not require common open space depending on their type, style and density. c. PUD.Policy-473-63 The developer should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the planned unit development. d. PUD.Policy-4:4-6.4 Conservation of natural site features such as topography,vegetation, and water courses should be considered in the project design. e. PUD. Policy-4-5-6.5 All new development should comply with the Transportation Section of this Plan 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;ofthe proposed development to Lc generated by the proposed do clapiuent most shall conform to thestandards established by !^ ftcoimilimdatn,us of 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. F. PUD76r. 7. Goal. 1. PUD. Goal-7. All new planned unit development should pay its own way. 2. PUD.Policy 7.1 Provide mechanisms whereby new PL b pays for the costs of infrastructure directly related to the development. 3. PUD.Policy 7/. Evaluation of the fiscal impacts of PUD should 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 1. PUD. Goal l The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. I. PUD.9. Goal and policies 1. PUD. Goal 9. Promote a quality environment which is free of unsightly materials, including but not limited to, inoperable vehicles,refuse and litter. 51 "ay. 2. PUD.Policy 9. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to, derelict structures,derelict vehicles and non- commercial junkyards 3. PUD. Policy 9.1 Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-220 I-25 Mixed Use Development Area and Urban Development Nodes. A. The pi.State of an iiit.,natat.,and atah.highway syaLni and die exLinal gi0*th pics3uics fnoni the Longmont Isfebopolitan Atea ha v1 LneatLd an nih.ieat ni laud sp.n.ulation,d.,v..lupniynt and population 6w with in the Mixed Use Development(MUD)a ea. Inkiest in die aLLa Lan aliealy led to the LiCatiun Of faLilitila all{ tltilitiw whi.,l1 attnaet dev.lupinsdit Th.niftatiuetuie n1 the a ,a heists at v aiying stages of development, set v iL.,LapaLity and effiCi.at.y. B The MUD piosides a unique and eliallknbius uppuitunity fo. the establishment of an un-gunig plainiinb pi O.,LSS in an an..a winch is..npetieneinig inCIcased glowdn and dLv..lupuiLnt. This disliiLt rs rnlcndLd to b,an aica whi..li will aetunnnudat.,moil of the development whn.h may OeCui as a result of the plamied ilifnastuLtui.,and services existing and developing in the area. The aica allOuvs ieaid.adial,eeinmeieial, industrial and institutivnal uses to oceuraft..i they have been',viewed and appnoved aecolding to the PUD application process. The PUD piocess iS an appioa.L which plomot.s fie..donl, flexibility and cieativity. The nneleased fl iLilay allows the"andante' to wink with site wnatiainta and land use eonipatiLility pnubk111 with abuttiirg opedies. C. Development in the MUD alga requneS an....t..asive Syal..ni Of JCL vi.,.,s and fa..ihli..s in vid..i to maintain a quality working and liv nib.,uvu winu..rit. It also icqunes Caleful CunaidLialiun of sunluundnig land uSLS and affected municipal and County Comprehensive plans in 0ido1 to promote desirable land uses while protecting iiattnal a1Laa and wat..1 .duality. D. Iliatoi really, the lack of an ad..quat..saniiativn 5, wet Sy at.eli waa a d.,Li1..11t fm d..v..lupinLnt nt die al ea b.Caua.,the individual St wen syat..nis opeiatnig'Wert not available fin puipusi.a uf..npanaivii,and tht.y had porno Inafonnailt,.,i....vida avini dais tv the Culoiadv Dcpailin..nt of Ilealth. 1-uldiennvle,Lased vii auil typ..3 and giuundwate.,ri is Finale that tie nuill..lvua scpth,tank and Lath field ayst..iiia Lay....vuti;bated to the grawndwalen degradation and potential pollution in this area. IIowe'ci, with t1e int.,i veidiuli of the St. \Train Sanitation Systeili,a totally Suppui led sanitatiun sysleiii nuw ally ws a Lig1i quantity of giuwtli to mist and enpand. A. The MUD atiuchnal land use plan is 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 T25 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. This will ensure that d.,velupnient is planned in advance, 1 atlitl than left to dram... 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. 52 fr B C. The Urban Development Node is defined as: 1. A site location of concentrated urban development located along or adjacent to the intersection of two (2)or more roads in the state highway system;or 2. A major concentration of development that requires appropriate infrastructure,well-designed and managed road access and high visibility. The boundaries of these areas are identified as being located within a one-quarter mile radius of two(2)or more roads in the state highway system. The development standards in these areas are based upon the impacts which urban development will have on the landform, requiring the application of urban use standards which are located in Chapter 23 of this Code. The urban development nodes are delineated on the Urban Growth Boundaries Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. 3. Land Use Components are delineated on Structural Land Use Map 2.1,located in Appendix 22-H,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. Site 22-2-210 MUD alt uetut al land-us‘platy A. The MUD StluCttnal land use plan is intended to pmvid.,a foundation to Lnahh,tin.County mid its..itin.,ns to umkC appiopiiatt.th.CiSiO1S iega,dieg futlue development. Cause'vation of natural 1CSOutCeS,d.,velupnient of quality tommunnties,piOviaiou for 1eg1vual set v,ws and entployn,cnt two;tunitiva,and umn,taunng lisea'k 1ntC city ale the kvy faotoia diivuig thus plan. Tlns will enSule that d..v..lopment iS plainicd in advance,Lathe, titan kit to chance. The land uses deli Bated in the Shuetutal Land Uae Map 2.1,the,post recent copy of vnhich i5 On EL at the Ckrk to the Boa,db office and the Depacti-tit of Pla.,,.;s s,i vices,pmet,te appruptatc levt.la B. It is important to ren,Cnibet that i,is the cuheicncc of coniniunity st1 uetu,e and the quality of the built all hatu,al Cnvi,u,unwnt that will detunuee whuhe, growth w flu.MUD area will r.yresw,t a yvsitive net of building a eonneuility v, the loSa Of identity and dinninished char aetel of the Legion. The peopOSed Stn,etu,al Land TLC Pia„is i„t.,1dt.d,e be a blueprint fet the region's futute. C. Tt.,Suuctural Land Us.,Plan shows a plopos,d confghration fO1 land uses and sheet syat,.n,s, aS well as Sugg.,aLd ait.a for t..n,nnunity fa..ilities. Tln,Plae icp,eaenta maximum"build-out" of the tcgiott which, dcpt.ndtng On LL.,tat.,of g,ewtlt m tln area,may take twenty-fin,(25)to fifty(50)yLena to aehiCv.,. Aa a t.ault,the Plan will n.,.,d to.,hange and respond in lilt futul.,as tl,.,deva.lvytl,utt patt.,tna,,.auut,n,s and nwds of au,i.,ty change. D. The1e aLC a nuunbt, of plinciph-s-and themes upon Attic],the Plan is baa.,d. As the,..give develops,these piineiple5 can sci y e as planning goals and politics today and into the Matt century. The plinciplcs utilized in thus Plan u,..lude the uvetall development of the MUD area,the najo. hanspo,tatiun nehvoik,the linking of t onueu,uty nodes and-die.Anslsten,,y of land uSe and nOmng standards. Sec.22.2-240 Pt inciples lot community sh uctut a and gt Orrih. The Sttuehual Land Uae Plan fe1 the MUD area has evolved Out of ch,nsive discussion and analysis. County official shave tackled the difficult questions of how to glow, when.to g.ow and how growth can either benefit or dehaet five,the a,.,as quality of life. Ad.hwaing these questions has tequi1ed balancing consp w and vft.,n confli..ting isSues. What has tentged is a set of p,intiph.s about th..stability of,he area's wououuc boa.,,the 53 ,�..� Su uCtu,e of the community,app,ophialt laud use claasifcativna and the tlanspo,tatiou uceda of tike legion. Tin. rih uetn,al Laud Uac Plan pieaenta the opportunity to inteiiiux land-use with eatablialnd nullillg atallda,da in 01dt1 to Mittinntrthre-stotTtal:tica of tiny uava. TIIc piineip1LS of this Plan a1C aS fulloa/s. A. Land use p,L,e:ples. 1. DnipioynFut Ccntci Dv.celopincut. The Stluctulal Laud Uac Plan phovidw a unique vppo,luuity ,O t,eate a uajOi centch of new eniployincut in the ahea. The citation of chc employment center iS located and ohicntLd tuwaid Ill.uctwo,k of icgiOnaf and national ioadwaya aCI ving the aica. Tins tent.; ut.cda to LC caicfuily planned to LUSUle that it will take advantage of the wally atlubutw aid oppmlunitiCS-in the aica, without detiact.ng Lout tic OvC,all image and Vital linkages throughout S..MUD. 2. Interconnection of Community. Livable ueigisLohhooda ale critical factoia;u do- future,quality of lift. in the aica. IntciConnectivity of Con,niuuity nodes and activity ccnt.ia will aid in die viability of tl,e area- AltLmative'leans of tiansportatio„and oppoitunities fo. those who seek to walk of lido their bicycles should be increased,providing Safe and plcaSant path.Rays to inte,eon,ect ueiglhborlhooda with community facilities and employment cente.s. New itsidtm:al g,o*tli aliould be confguied as ieiglhLorlhooda,nut isolated tndlaves. The location of neighborhood centcia ui iesid.itially deaiguatcd a,caa is intended to piovidc wi,ununity and vicca within walkable destinations foi the iesidcnta within the MUD aica. 3. Conaiatcnt Land Uac StandareirT}te-Stiu.ttnal Laud Uac.Plan vntlinca standa,da which ate intended tO Shape and enhance communities ',kith...the MUD aica. These atanda,da ate also mlended to Support and- implement the land use and development policies in this Cliaptt1 and Chapte,s 23,24 and 27 of this-Code. lu all eases,them.Chapters aliould be c.,niault.d fin c.laiifeation of s eCifit icquncnicnta. 4. Appiopiiatc Zoning Mi{Attire. Thei�Sh iide uetuial Land Use Plan pt a Ilunttat of at,uetu,al land use tategoi na tinVugllout the MUD aica. lilies.catcgutica ai,.gioup,.d by tin.intensity of tine land uat, with tilt. Iiajolity of the high intensity urea being clustered within the vicinity of I-25 and SII 119. In contrast, lands with limiting site facto's such as fluutiplain aml wildlife habitat,eonelate with the lowtst intensity laud-uSea. 5. Planned Thanspoitation Network. The maim ioadway eonidois,including I-25, SII 119, SII 66 All WCR nixie tic p... ary 1oadway stiuctuiea fen tic MUD aica. Tlicy play an important hole iu thc functiuiz and L11age not only of the MUD a,,.a,but fin the County as well. Poi this lLaaon, apctial allention Must Lc given to aeutss contiols and design titaunent to elcsuic that these roadways will function well oven time and that visual quality of the najoi highway con;dois will be imp oved and enhanced. D. StidCt ual Land Uac Map. Land use eoniponenta ale delineated On S4uehnal Land Use Map 2.1, Table.22.4 the nro.,t ieccnt Copy of which is on file at the Cl.ik to th.Duand'a offaac andZLL DLpaitin.iit of Planning SerViCCa. T1iCae elements air desciibed as follows. 1. Employment Cartel II;611 Intensity Uae. An CuiplOyulent Cal is a large paled fo1 land designated p,L1al;ly fo1 employee-based cnte.p.is.a with,.lativeiy higl,intensity unpacta aaavciated with ita use,aut.it as lhaffrc u1 noiac. Tile cniployi„c„t t..11tcla within th,.Stl uetlnai Land Uac.Plan an.situated to ptuvidc 'uhployn,eut oppufttaintics tluOughOut the Lean iangc. Lniployudut cente,s,CqunC at.CCas to„ajO, thoroughfares, with visibility from the ivadway being highly deshaale. 2. Regional Conuneieial Medium Intensity Uac. Regional eonuueitial c.iteia ant.aitaa whci.gouda 54 and aervia.w ate provided to the traveling public with limited iurpaeta to line envnornucotal and sunounding land. Activities in regional Lo..nnc.eial cente.a include,but ane not limited to,sec ice stations, drive through ieatauianta,lotela/motels and negioual retail facilities. 3. Neighborlrotnl Centel—LovNer Intensity Use. A neighborhood cuter is focused on the day-to-day living needs of the immediate neigl.bo.hood. Its punpoae is to act ve as a anchor for community based activities that include low uitenalty uses melt as tctail atm view, schools,packs and civic faeihLCa, nneludi ng 1 CCiCatiOn Centers, libianca and acnioi centeia. Neighborhood ccnteca are uucnded to be pedestrian= us rented with eosniecta to the immediate neighborhoods tluough local streets and trail ayatema. Residential th.v clopmenc immediately JIM ouudiug the nciglobo'hood ccntei is cncouiagcd to be higher in density than tic vclopnienb faidici away. Retail aci vices in a neighborhood center typically i,ielndc low intensity businesses that pioleidc rot the sale of convenicnee gouda(fonds,dings and nuaecllaneoua item,)and }rccaonal aer vices(lauodty and dry-eh-ailing,baibe, Oi beauty shops,shoc-icpaiiing,etc.). 4. Rcsnh.ntial MiAcd Intensity Use. Residential neighborhoods range floor high density apartment t Oniplcx developments and mobile home parks to low density calatc devclopuncnta. Rcaidcinial ttcigliborhooda should ciao include community amenities buck as hail systems, sceteation opputttnntiea and activity CCntcta that ate aceeaaible via walkable ahccta,hails or gtccnwaya. 5. Limiting Site Facto., Lo tat Intensity ILL. Land .Nitl'linttitnrg site factor,contains-attain physical Oi ate haZatdOus to certain types of development. Such conditions as floodplain, tritical wildlife habitat ateas,aquifer icchaigt,and eaitltquake faults ate obstructions that limit of restrict development. These areas an.trews tl'clwa usable for agricultural production,recreational acliv itiw and parks on other functions that cannot damage of be damaged by the consttaining site factors. These areas Lao also ColnaoCc the character of the MUD atca by providing cottidota foe trails and wildlife and fin the piotection of natural twomcca. Land designated as having limiting site factonb on St mint al Laud Uac Map 2.1,the most recent copy of which is on frlc at the Clerk to the Doaid'stofftee and the Dcpauturcut of Planning Services, are piinarilyldefined by the one hundred yea' floodplain(as defined by FEMA mapping) which COuipiiscs appionitnatcly foam thousand Lv.,hundred(4,500)awes,or thirty-eight percent (38%)of the total dcsigliatcd area in the MUD area. The floodplain iucoipuiaha other innpoi taut'tatuial fcatuics as 'Nell, including wildlife habitat,mature ripatian forest,piin'aty drainage ways and band and gravel reaoucccb. Additional land cortauung lwuluig bite factors is Sho',n along niigdhou canals and ditches and adjacent to lakes. C. Transportation Systems. The Plan Suggests a hicianchy of ttauapottation ayatcnn development that responds to the intensity of development pioposed on a local and regional level. D. Transit Centers. Tnausit centers are conceptually placed on the Sttuetmal Land Use,Plan to ptoinotc public tianapuitatioo. Tloesc ccntctb arc moat effective where high activity level,, halite's}packing and quality pedestrian access ate found. Transit ccnhrs could include pack-and-ride Iota and futucc ttanbit byatenu anal as tail. Table 22.4 piovidca apploAnuatc acreage fit cacti of the land uses and nnanimuin density atatiatiw that could oeeuc at full build-out of the MUD at Ca. Sec.22-2-230 MUD Goals and policies. The following goals and policies are established for mixed use developments: A. MUD.1. Goal and policy. 1. MUD. Goal 1. To plan and to manage growth and to provide for ease of inclusion in the I-25 Mixed Use Development area and urban development nodes so as to balance relevant fiscal, environmental, aesthetic and economic components of the area 55 2. MUD. Policy 1. An I-25 Mixed Use Development area and urban development nodes should be established and delineated on the Structural Land Use Map. B. MUD.2. Goal and policy. 1. MUD. Goal 2. To assure a well-integrated,balanced,transportation system which meets the public need with maximum efficiency, comfort,safety and economy. 2. MUD. Policy 2. All proposals for commercial, industrial and residential development within the I-25 Mixed Use Development area and urban development node overlay district should use the PUD application process and regulations. The PUD process will allow developers flexibility and variety needed to offer a range of products, services and uses. It will also give the developer an opportunity to explain the development plans to surrounding land owners and the County so that important information about land use compatibility and services, facilities or utilities needed to serve the proposal are determined to be adequate. C. MUD.3. Goal and policy. 1. MUD. Goal 3. To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health,safety and general welfare of the present and future residents of the County and the area. 2. MUD.Policy 3. New development should avoid adverse impacts to surface and ground water quality and should implement techniques to conserve such resources. All planned unit developments within the mixed use development area shall use the sanitary sewage disposal facilities provided by the appropriate sanitation districts. PUD water supply systems should be provided by a rural water district, company, association or municipality. D. MUD.4.Goal and policy. 1. MUD. Goal 4. To maintain and i m.ps0ve the LAiating nattnal stag of the enviion,ncnt. 2. MUD. Policy 4. 1/..nsity in the nixed use d,,velopmen.t aica will be gnveincd by a bulk flan ai.,a ,tanda.d wlu.L LantaaLn Laddabl..jut aia.a with Open SpaLc allucatieus. L. MUD.5 Goal and polky. 1. MUD. Goal 5. TLC..0oidnnati0n of other niuuucipal,County, and Stag giowtl puln,ica and piog<ains which n.Clud.,tlna aica should Le.,Naluagd in oid.,i to uLuu,uie diS..i..pan.,iu,ynnflOtC a bctks In.dLiatanding of g,u wth dynamics in the aiCa, avoid duplication of set viCCb and piovid..CC0nomie3 Of 2. MUD.Pvlky 5. NCw d.,v clupnmCnt aLuuld d.,nainal.ag wuiyatibml�ty w it1 CAating awinmidiny land ua..n,guns of genc.al use,building Leigh,, seal,ch-nSity,t.affiC, dust and noise. F. MUD.6 Goal and pohc:ca. 1. MUD. Goal 6. To aasu.e that nCw dCvClupuiwit uCCuiS w Sues a u.umiu as to maintain all atliu.Lv.. caulking and living env:.enn.ent. 2. MUD. Pulicy 6. N.,r4 ckvclopudnta should L.,.scou.dgCd to ua.,un.uvatl V.,aitug and Ckaign 56 tcclrniyuca to cdranc.,ptitttc visual fcaturca auclr a the l font Range,the St. Vied.Rivet and other natural ilrainasc ways. a. MUD.Policy 6.1.N.,n COitanctcial development alould be cltataektiaed by quality atehitcclmal design. Dcaign fcatunes shall Melud.,laiRlscaping plans rot tic unite development,efficient ott-site baffle cumulation plan with a mineral numbed of acceaa pedal,tv a tat.,mid County wad°,low prof I. advcrusing Suns and sensiti%c facad..tiCatment. L. MUD.Policy 6.2. New nrduatiial dmvdopnent should be designed to complement the nahnal luvuontnent and enlribit a '4,anrpua-lilt," ahn05phete. C. MUD. Policy 6.3. Landacapuis r..yuite,rtenta should be det..turin..d fur tic p'.r in,t.t..t of tin. d..vclopntt.nt by rev is wing tie dcnaity of the popo°ed land ua.,development and eumpatitts it to the surnounditts land u3.". I�01 maniple,d..rrat.r planting Should be requited between a residential use and an ntdu°ttial use than between a tesidcntial and aanall off.,t,uac. Iu tic caae of LAtrcurc diaparitq bt.hvccii adjaecnt land uat.a,atr uctuicd bufft.ra including diataucc, wallS ut berms way be lLyuir..d d. MUD. Policy 6.4. The clustering Concept Of ICSidcntial unite should be eneoura6ed to tcduw dcvt.luprncut and't aint-tauce costs,preserve natural fcati.e5 and utaaitu2..Open Spate. C. MUD. Adiey 6.5. Neat junkyard°,aalvaEC yard,,landfills and uaea with vpcn atvrag.,al..aa should be tnLvutascd to locate in ascaa wln.t.,they can L. visually °t.t..t.u..d and can conform to Health and safety regulation°. Lniatius salvage yards mid uses with open atoiasc atCa5 ae euwutagcd tv vraually aa,r.,..il Oi t0 telveate tO mote compatible arcaS. ThC init.nt is tO loCatc tiSC5 with at( tntathaetive appearance and the potential to Create adverse land use inrpacta to att.as whctttltey *ill not be a ncgativc induCCoieitt fOt additional]high quality development. f. MUD.Policy G.G.New development°,including major public utility facilities,Should uutigatc advcist. visual impacts caused by Outaidc atoiagc,building Scab.,diatutbed uativc vegetation and othct such activitiea by aerecuing and/or buffering. g. MUD.Policy 6.7. Advcttiaing aigua should be compatible with tin,sutiouitding ciivltonment. Cigna ehould have a los ptoile and be abated-when possible. ]t. MUD.Policy 6.8. Lxiating County and State sign regulation alvuld L.,ahictly eufoiccd witlini the I-25 Milted Uam Dc4Clopmeint planning area,pattieulatly off-premises signs along intetatate and State litllwayb. I. MUD. Policy 6.9. All new development should comply .vitlr the public facilities and sanee section of this Plat.Nei% development that hcaulta hi..A...aaiv.,public coat whitc ptoducine inaufficicut public iet•Cnue5sltould Lc diacuuragcd unl.aa aumlr d..v clopm..ut ply vidca adequate guaa tees that public facilitiea and SCnicea ate effectively installed, opetated-and maintained. j. MUD. Policy 6.10. If it is dcturnined that public facility vt act vice imptvv..m.ada of ruaintcnauc.c ate tcyuitcd for or caused by ti.,development,the developer will be requited to pay for the cost of the.puLlrc facility and act vice unpmvcnrcnts and rnanrtcnancc. The ntetliOdology for tornpenSatrvn should be d..tcnruncd during dr.,land uac application icy i..w pr uc.,aa. The developer aLvuld aubnut the following. 1) Infotuatiou which acCuratcly identifies all usCrs of the infiaatinature uupiOveudnt5 and IuaintcuaiCC, 57 �.1 2) A piOpOSal vblueh equitably dish ibutes the costa of iufiaotiuctuie imps ovcnients aihlh Iiauitt.naiiee by by ua.a sliaic, aiM 3) A piOpOSal that identifies tic appropiLate tune that infia,hlaetuie uupuovenents and Iiaintenance..haigk..a should be applied. This uufoniation *ill be Lcviewed by tic Doaid of County Conuiusaiunvaa in dett.niuning art equitable iiieana of distaihutiiig iuftastauctuic costa among the County at large, diicct use.,and the le V elvpei. k. MUD. Policy 6.11. All new development should comply with Section 22 3-GO of this Chapter. Access to pLop°Ltica shall piesene the eni,tiiig and futuie function of toads and highways affected by the pLopOSed development. All development Liieulati. a syitt.n,should be de,igmed so that flay du not disrupt higlaway travel. Tiaffie to bk.gemeaated by the pi vpv,ed de veloptneit trust confuini to the Ieeoiiiauelilations of the Depaitiueut of Public.Woils and the Colorado Depaalueait of Transportation. Dedication and iimpiovement of loads and fiontage Loads may be ieyuued as a condition of development. I. MUD.Policy 6.12. All new development should COiaiply with Section 22-5 80 of this Chapter. Thus includes locations deteatlluied to contain eonuiaeaeial inineaal d..positS,muueaai entiaetioat Opeiativn,and i..c.lanatavn plans.- in. MUD. Policy 6.13. Development should be Leah icted al ueyuiied-to mitigate adveL,e effect, nt a'..a, c aiaetea.Led by flood plains and geologic hazaads. MUD.Policy 6.14. New development should piCSerle identified aquifea icchaage ddas. Whelk- feasible,drainage ways should be maintained in thcir natural state to cnsmc optimal lccltatgc. O. MUD.Policy 6.15. New d..velOpnaeut should minimize mnpaet,to aim quality. p. MUD.Policy 6.16. Fugitive dust should be euntaolld by piaetieer aeeeptable to the iwpviisibl., goveinanent aecaicy. q. MUD.Nlicy 6.17. Natuaal vegetation should be ietaiiied onsite to the gieatest degree possible. L. MUD. Policy 6.18. Disturbed area,should be Levegetated immediately following eon,hnetioua. ha oaten to aninimize wind and soil eiO3iOu,tempoiaty stabilization nieasuie5 shall be established oii all such areas. s. MUD. Policy 6.19. New developments should be encouraged to select native.specks for levegetation. t. MUD. Policy 6.20. State paik and Leeieation areas should not be negatively uiflueuwd Ly imev development. u. MUD. Policy 6.21. The cooadination of otheL municipal,County,Legioiial and state giowflt policies and piogiaiis which include this aaca should be evaluated in omdem to minimize discrepancies, pt Lunette a behei uiad..astanding of 6iowtli dynamic-, in the al ea, avoid duplication of,..Lviee,and pa o v ide ewnonncs of seal... v. MUD. Policy 6.22. Each land use application within the Miad Use Development aiea should include a completed Development Guide, with eneeption to flunk.-en..niph.d use,fluough de planned unit el..velopiaaent pioeeas as stated in Chaplet 26 of this Code. The profile should Lontaiai public 58 facilities and services data,socioeconomic data,natural c1Iviioiiurcirtal resources and visual and cultural resources. The pwpose of this infoii cation would be to inform the user of the Misting to.iditious,oFFoLtuiliticsand constraints within the I-25 Mixed Usc Development aiL,a. Iii addition, th.,iufoi1natioii.1d also be us..d to update goals,policies and prrgraim in-the future. D. MUD.4. Goal and policy. 1. MUD. Goal 4. Facilities and infrastructure which are included in this area should be evaluated in order to minimize discrepancies,promote a better understanding of growth dynamics in the area, avoid duplication of services,provide economies of scale and ensure coordination of municipal,county,regional, state,and other growth policies and programs. 2. MUD.Policy 4. 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 and Policy 1. MUD.Goal 5. All new development in the Mixed Use Development area and urban development nodes should pay its own way. 2. MUD.Policy 5 Provides mechanisms whereby new development'pays for the costs of infrastructure directly related to the development. 3. MUD. Policy 51 Evaluation of the fiscal impacts of new development shall include indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts;support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy;and other indirect benefits. F. MUD.6.Goal 1. MUD.Goal 6. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. G. MUD.7. Goal and policies. 1. MUD.Goal 7. Promote a quality environment which is free of unsightly materials,including but not limited to, inoperable vehicles,refuse and litter. 2.MUD.Policy 7. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non- commercial junkyards 3.MUD.Policy 7.1 Develop programs for cleanup of derelict property,junk and weeds. 59 n 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. Sine,,the adoption of d,c Home Rah-Cha±L,,m;slag aunty capeud:ttnes c-crcatcd sub tantial publiL 'HALL Cat ill liuw tu tat eoata,id nititaSe tfftituty of piu iduiy public oti vita and faaitka. Public services are government services such as police and fire protection, health services and welfare, and educational services and programs. Public facilities are physical structures and infrastructure such as schools, libraries, roads, maintenance facilities, water distribution systems and sewage treatment facilities. Municipal governments,county governments,special districts and private companies are capable of providing such services and facilities B. Because of the expense and limited available funding, proper allocation of public facilities and services is important. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. C. The type,intensity and location of a land use proposal are factors that determine the type and level of services and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the needs and impacts of a land use proposal,along with the existing and planned capabilities of the service and facility providers at that location. D. One basic objective of the County is to plan and coordinate a timely, orderly and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services,as well as to coordinate the development of new facilities and services. F. Alternative facilities and service systems (for exampleESapecial District"s) may be used for urban type development within the I-25 Mixed Use Development area, and 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 60 limited service abilities and personnel. The,efotc,the fullo o iiig standard,have heen 1wt.lupcd for adequate fn. }nutecliuu which will be wnaidered as minimum uuleaa inOie atuuseut ataudaida cud.as fiAed 111%,pivtectiun at. icqunCd to meet the specific demands of individual land uses. 1. A rural water systein must have sufficient volume each day of the year to emit ol and extinguish any and all potential files at the proposed dev elupnient sac en cone district. 2.1.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 any and all potential fires at the proposed development site or zone district. 3. TI6 water supply SyStcift Bening the piopuced development cite Oi Lone diati iet eruct di-1;o er a minimum of five,hundicd(500) gallons per nunute at twenty (20)pounds per squaie intli residual piesatuc fvi thirty (30) Luuutea. 4. The initial tiay.l time,to aniv al at location of a file ui oiler geu.y should be less than fift..0(15)ifiimt.a flout the uISC a call is iC.etvcd fiChfl the dispatch Centci piovtdntg service. 5. Aily proposed deo Clupin.ut of zone disbud fen the puipOae of de velvpweut should be located within a Svc-uule tadius of a total file protection atativic 6. The entity providing file psotcctiou should have the ability to rcapund with a minimum of two(2) fncfiglrters per pumper. . 2.Fire protection should be provided twenty-four(24)hours a day. DPS recommendation; Retain¶'s 1-7 (above)Specific exemptions or exceptions granted to a set of minimum standards seems preferred to no standards. B. The intention of this Section is to provide a n.inimuni basic level of protection against the destruction of life and property from fire. However,the local jurisdiction having authority to enforce the fire code,has adopted such code and actively enforces such code may have additional requirements that are not listed. DPS recommendation; retain"minimwn", delete"basic"(above). Who determines basic? Who determines adequate?(below) Add". as determined by the appropriate tire protection district"to the end of¶C(also below) C. Areas outside determined fire protection districts or those districts which have not adopted standards shall demonstrate that adequate fire protection is provided to the development as determined by the appropriate tire protection district. 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 may be considered as approved by the appropriate fire district. For example: strategically locating fire hydrants for refill purposes along roadways, sprinkler systems,on-site tank or reservoir water storage,etc. DPS recommendation: Replace the word `will"with"may"and Insert"as approved by the appropriate tire district" Sec.22-3-30. Law enforcement. r1 61 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,percepts 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. Requcata fot pone,prodetion icquiie au a.,tiou by the Sluct:ff. Au aLtion may u0.ludL t..l..pluou.,ju ail or walk Lu tCpuftnig to a d..puty shet:ff where yhySu.,al iesyous.,to anotici out i..yuu..d, LCSpunaL by appointment,y oaiina) 1CSyUuS.,, fast 1CC..ived, feat SLro ie..d,O, uuii.Cd.aL,Cuieigency S.,u1L teSpeouSC. 1. The sheriff is encouraged to develop 1'ormdt agteements with other law enforcement agencies to make certain all areas of the County have prompt response. C. Law cufoiC..uueut should piovido that bidet geucyiu. p0uS..tiuu..bel..Sathau,.,.Lyualt0t1n ayCsagc blue.gLuu.q 1CSp0u5t time fei the County as a ,Cole uudw uetutal eeudituo s. Cmcist.uty r cop✓ruac time is d..fu6d a5 di6 ClapsC tuuc from n4n.ii a iequeat fOt SC1vuC.. is it.....ived tO the link a d..puty thrives at the SLrliCL location, as ik.tbuttiaa.d tluougl tIL DLpaituuCut of Coiutuunications. C. Law Enforcement is a basic provision''required for development actiVities in the County. The County encourages that where and when possible law enforcement provision Should utilize the highest available equipment, standards and services. The County realizes the geographic size of Weld County and will strive to provide a basic level of law enforcement service with the abilities and personnel available. Sec.22-3-40. Public facilities general requirements. The following services and facilities must be determined adequate and in accordance with the requirements set forth in this Chapter and Chapters 23 and 24 of this Code prior to the zoning of a parcel for development or the development of an industrial, commercial,residential or planned unit development subdivision: A. Availability of an adequate water system; B. Availability of an adequate sewer system; C. Availability of an adequate transportation system; D. Availability of adequate fire protection; E. Availability of adequate law enforcement; F. Availability of adequate school facilities;and G. Availability of adequate parks and open space. Sec.22-3-50. Public facility and service goals and policies. The following goals and policies are established for public facilities and service: 62 P., A. P.1 Goal and policy. 1. P. Goal 1. Promote efficient and cost-effective delivery of public facilities and services. 2. P. Policy 1. Consolidation of internal County public facilities or services and coordination between providers should be encouraged to avoid duplication of costs and promote efficiency. 3. P. Policy 1.1 The county will encourage the development of cost effective transportation and circulation systems by encouraging higher density uses in the area around existing municipalities,mixed use development areas or activity centers. This will help ensure that maximum efficiency and use are derived from investment in public facilities. 4.P.Policy 1.2 Any proposal for development or the creation of a zone district'for the purpose of development should not produce an undue burden on existing county facilities. B. P.2 goal and policies. 1. P. Goal 2. Require adequate facilities and services to assure the health,safety and general welfare of the present and future residents of the County. 2. P.Policy 2. Development that requires urban services and facilities should be encouraged to locate within a municipality, urban growth boundary area, I-25 Mixed Use Development area, urban development nodes or where adequate services are obtainable. a. P. Policy 2.1. Development will be required to pay its proportional share of the local costs of infrastructure improvements, including ongoing opeiating and.naii.teuauccevotaicyuiieltoaciviLL ueh /" LVclopn.ent b. P. Policy 2.2. 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. c. P. Policy 2.3. 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. c. P. Policy 2.3. The County will moulage the development of a balanced and cost-effective niuiuCipaliuCs and uuncd uaC devClOpiuenn at Caa and activity Lcntci a. Thia will help tv euauie that nianunuui efficiency and uav aiC derived{loin inveAment in misting public facilihw. d. P.Policy 2.4. Multi juiisdictional regionalization of Del vices and facilities w ill he cnCOuiagcd unlcaa it will lead to-developineut that is not compatible with onset County goals and policies. c. P. Policy 2.5. Any puopusal foi development or the Cieation of a zone dish;et foi the purpose-of Sec.22-3-60 Transportation A. The County's transportation system is intended to provide for the safe and efficient movement of people and goods through the County. Maintenance of a good transportation system opens the door for economic viability. 63 The State and County road systems should provide a functionally integrated roadway network. B. Recognizing that expansion of urbanlrural 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. B- C Established standards should guide the development of the transportation system throughout the unincorporated areas of the County. The Tiansportation Plan MairRoadway 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. e D The Transportation Plan MatrRoadway Classification Plan reflects the County's vision for the future. To maintain a reasonable perspective of be the County's transportation network, it is essential that updates to the Transpoitatioix Roadway Classification Plan Map be made Cc1ta111l The impact of major centers of employment or other significant land development activities could lutiiui.idally influence this Transpoitation Plan.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 adh.i.attempt td adhere to the standards set forth in the most current Roadway Classification Plan approved by the Board of County Commissioners Chaptui 24,Ai tiul. VII of t1i;, E. In order to have an efficient transportation system,all jurisdictions should coordinate respective transportation goals and policies. Sec.22-3-70 Road system. A. The highway and mad systcm in the County is managed,in pait,by the Colorado State Highway Department, tliu County and tin-dully-um,(31)uiuin.ipaliti.a within tii.County. Tli.Couuty'a wad ayat.ui piw.utly wifiata of ain liuudilad fifty-two(652)army-hv,,(665)(0©-06-01)uuli,a of pav%Al mach and two thouaainl LAI tWeuty-uincty two(2,622)(2,490)(0©-0401)unlu,of giava.l road,. In addition,thi,iu an.uuii.utly turn liuudi.d .iglity-s% veu(487)minus of,tat.highway syht.in and scvcial hurtled iniks of municipal roach. B. In nick. LO ha v.an cffiei.mi uanspoitation 5yat.iu,ally ui isdietiou5,liould.00i ducat.i.ap.uti v.ti auapuftatiuii goals and polkics. Sec.22-3-80 70 Road classifications. The County's road systems includes arterials,collectors and local roads. It generally serves travel of a countywide nature rather than statewide. The County's road system constitutes routes where predominant travel distances are shorter and speeds are more moderate than those typically associated with the state highway system. See Design Guid.liueh foi N.,w Road Conshuctiun at Appeudia 24 D in Chapt.i 24 of tins Cod._ 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. Sec.22-3-90. A. Arterial roads. Arterial roads provide for trip lengths and travel densities for substantial or countywide travel. Sonic art.iial ivad 64 Llsasa.,t..uati.,a aia,liat..d us Appessdia 22 f. Sc..22-3 100. 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. The clatact-,istiea of a colkctot toad a.e lucat,Ad Ls AppendiA 22-F. S..c. 22-3 110. 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. The chata.,t tistics of local toada asc lucat.,d in Appendix 22-F. Sec.22 3-120. 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 and 24 and the most current Roadway Classification Plan approved by the Board of County Commissioners. Sec.22-3-13080. Pedestrian and bicycle paths. A. The involvement of pedestrians and bicycles in traffic is a In ajut 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 impuctaut 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. At the same tine,weasuses such as the fullowiug, whidr gLn..tally of low Capital iutssaity,Paved shoulders and other appropriate design,considerations can considerably enhance the safety and capacity of routes for bicycle traffic-. The existing street and highway system shall be utilized. Off road paths or trails should be encouraged 1. Pay..d sltould.,s a. 2. Wide outai&haffie lass(fourtLen [14] bet t/LuLuuni)if not ahoul&icd. 3. Bicyck, safe.dtautagc-gtatea. 4. Adjusting usassls*lam covets to the gtad... 5. Maintaining a sutOuth,elan ttdn,g sus face. 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. 65 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 t11..lemeahoual/l,anapu,tatiu„faeiliti..a map,th..,,,oat,c..c,d.,opy of wl.;.l.is on Ilk at th.,Cleik to the Duardb office and the Department of Planning Services.on the Recreational Facilities Map and in the most current Roadway Classification Plan approved by the Board of County Commissioners. Sec.22-3-1-40 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-+Hi 100 Regional plans. Ra,cnd 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.22-3-120110. U.S.85 corridor. A. U.S.Highway 85 between G.eJ.,y Wyoming and the Denver Metropolitan Area is a vital corridor providing a transportation link serving all Cential Weld County f.o.n[highball toG.ecky. The many coil idol s.l:...sh,gf,out the Dcnvci Metropolitan Area, along with the aeeu„ipanyms w„n,,.,,..ial and reoid..mtial &v..lupin.a,t, have s verely ha,ny..,ed th.,ability of the cotrido, to efficiently rnocc t.affic. Should this happen along U.S.Highway 85 anywheic beiw.,..,Interstate 76 and Greeley,a vital lifeline to the Metropolitan Area will be damaged. —B With this trend in mind, the Colorado Department of Transportation has yonuidssiun..d completed the U.S. Highway 85 Corridor Study to address the ability of the corridor to efficiently mos e traffic The Upper Front Range Regional Planning Commission has recommended as its top pnio,ity the implementation of an Access Management Plan which would be 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 Conlin che,.sivc Plan contained in this Clapt..,,e..o6nizea the i.nportuna of p,caen visit the.fficic....y of tln.U.S.IIigl,way 85..u„idea and eneou,ag..a the Loupe.atio„of.h..Colorado Depa,6u..ut of Transportation,Weld County, Adams County, the City of Brighton, the City of Fort Lupton, the Town of Plattwillc, the Town of Gikreat,the Town of LaCalk,the City of Evans and-the City of Greeley. Sec.22-3-120. Air transportation. The Greeley-Weld County Airport is located two and one-half(2'/z)miles east of the City of Greeley,on the north side of Colorado Highway 263,between County Roads 43 and 47. The Airport has been in operation since 1943 and provides the City and County with convenient access to general aviation facilities, particularly business aviation. The Greeley-Weld County Airport is the third busiest general aviation airport in the State, routinely accommodating in excess of one hundred sixty thousand(160,000)operations(takeoffs and landings)per year. 66 The Airport is classified as a general utility airport,capable of accommodating all types of general aviation aircraft. 133- Giving Consideration to the incicaaing fluidic. of annual upCnatiuna as well as the changing aueiaft fleet nun(piston-ttubinC/jet)utilizing the anpoit, a Maslen Plan update fun iunwaya/huilding enpanaiwn was wianinuvuAy adopted by the City of Greeley and the County in Jauuaiy 1994. nuvi,ion was wade within tl,ia Plan fur cunatiaction of a"Cw pii,nary north south i min ay(Runway 16-34),to be built to an ul[uuate le"gfit of ten thousand(10,000) feet. The comb uetiun of this anew iuuway will awvunnudate olio ineieaaung flight training activity and permit safat operations of larger business jets. The eunstiuction of Runway 16-34 will meet fuhnnc aii port demand and pcn unit aii punt develupnicut which is eounpatible with 5usiOu"ding land uses. 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. 2.& 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 Obstruction and Approach Zone Overlay District Zone has been established. to control incompatible land use and building height BD. The Tr-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. C'$. The nitjOuiy of small pis iv ate uSC airpoila located in the County consist of simple,dint Utnips that serve peisOnal needa. Agin,ultui al apnaynng and light engine neeieational aneiaft uses ale typical examples. The location and use of these small airports arc reviewed on an individual basis, with land use compatibility demonstrated. 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.22-3-149130 Rail transportation. A. The County is see ved by two(2)Class One and one(1)Class Three railloads. A Class One lath oad is one(1) With a 61 033 upenation IL venue of fifty nnillion dollars($50,000,000.00)01 nnoiC annually ftLoin nailiOad OpCiatiOus. A Class Thn,e raihoad is one(1)that grosses less than twenty imll,on dollars($20,000,000.00)in mCvCuuCS a yea'. —BA.The Burlington Northern(BNRR)operates an east/west main line through southeast Weld County,connecting Denver with major Midwestern markets. This line averages twenty-five(25)train movements per day through the County. BNRR also operates an unsignaled,slow speed,twenty-five-mile-long branch line between Greeley and Fort Collins with a total train movement of one(1)per day. CB. The Union Pacific(UPRR)operates a north/southdouble single track mainline with centralized traffic control between Denver and Cheyenne. This line could, in the future, support a nonstop Giccley/Denvci paaac ngei upeiatnon avetagmg all bout caeb way.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. The Colorado State Rail Plan indicates that e(9)trains a day OpCiate On this mainline. Thc UPRR a60 Opt'ate5 au Caatfweat lisle aei05a southeast Weld County v0 All a total Of foul (4)ham nniveulenta a day. 67 —BC.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. —ED.A potential for conflict exists between railroad lines and other land uses within urban growth boundaries and the I-25 Mixed Use Development area. Municipal type uses and services are planned for both of these areas which will increase auto and pedestrian traffic, and the number of noise-sensitive uses. Potential conflicts could be avoided by signalizing or separating crossing points for trains from other vehicular and pedestrian traffic, and separating noise-sensitive uses by distance or utilizing noise abatement techniques. —FE' 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. SF. Weld County encourages the preservation of rail corridors for fu4ure transportation uses. These corridors are outlined in the North Front Range Transportation Alternatives Feasibility Study. Sec.22-3-456 140 Transportation goals and policies. The following goals and policies are established for transportation: A. T.1 Goal and policy. 1. T. Goal I. Provide a unified and coordinated countywide street and highway system which moves people and goods in a safe economical and efficient manner. 2. T.Policy 1. The County should maintain a road classification system so County roads are designed and maintained according to their planned function. B. T.2 Goal and policy. 1. T. Goal 2. A Countywide trail system should be piomutcd considered to service transportation and recreation purposes. 2. T Policy 2. County subdivisions should consider internal trail systems if appropriate. a. T.Policy 2.1 County subdivisions should consider providing to`links to regional trail systems. C. T.3 Goal and policy: 1. T. Goal 3. MaALn zL tlo., The design tempatibility of roads, streets and highways should be made in consideration to the accommodation of with adjacent land uses. 2. T.Policy 3. Establish policy standards for the regulation of accesses to streets and highways from abutting adjacent land uses and intersecting roads. D. T.4 Goal and policies. 1. T.Goal 4. Provide a balanced approach to transportation system development,giving due consideration to all modes of travel. 2. T.Policy 4. The County will plan and maintain a transportation system that unifies and coordinates with 68 other state,county,city and community transportation systems. a. T. Policy 4.1. 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 horn to the traveling public.Local roads shall be utilizcd fur access to adjoining propel ty. b. T.Policy 4.2. 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 theirtespecttive,`..' icts when dictated by traffic demand and land development patterns. c. T.Policy 4.3. 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. d. T.Policy 4.4. The County should emphasize maintenance and upgrading of existing transportation facilities over the provision of new facilities in order to protect its investment. All new County roads, streets and transportation facilities should be designed o minimize future maintenance costs. UPS recommendation:Add the following Sections E. T.5 Goal and policies. 1. T.Goal 5. A Roadway.Improvement Plan and Road Impact Fee Study may be used to identify Road Capital Improvements required to maintain an adequate Level of Service(LOS)in a specified area. 2. T.Policy 5. 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). a. T. Policy 5.1. 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 The following goal is established for tourism: A. TR Goal 1. 1. TR. Goal 1.The county shall recognize the importance of tourism and recreation to local,regional and agricultural economies(for example: Corn Mazes,County Fairs,Farm Implement Museums,etc.)and shall encourage the provision of urban and non-urban services and facilities necessary for the continuation and expansion ofthese activities,consistent with other goals and policies of the Weld County Comprehensive Plan. 69 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 pi°duetive fakuilaid 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. Ettviko„n.c taldeg'adationf01..devulup...eutcithe.should benAla,,Flo.ul:..n.,.at“diiiu.du.tIN«V ,,d hat ani to hf.,health and pvp.nty. Impacts from proposed land uses on air,water,waste,noise and public health should be considered. B. Pinkie agiieulttual land i5 a LnOit.d re5Ouiee Of e.OnOnut., value and should be ptote.t.d funs adv.tat wtv itOtunCntal nmipa.ta. Environmental impacts should be reduced or mitigated'in order to prevent harm to life, health and property. C. The County shall encoukagc and pmonto& coordination and coopekation between f.d.nal, ,tat. and local _ vetunnental entities changed with making decisions wIneln may have etnaknonnnnetktal itntpaeta On laud tics and i.aidenta in the Cvunty. Agricultural land is a limited resource of economic value and should be protected from adverse environmental impacts. D. Impacts form ptupua.d land uSCa On ail, wat.k, waat., nOis. and public health should Le considered. 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 t.ffenenntly beneficially. B. The effeient-development of water resources has assisted agriculture,industry,commerce,cities and towns. tOpkv,p.,k. rumuuutiktuLd.ff..i.nmy,thelu.atiuu,typ.amid d.,aaity,lnvuld a...nwnudat.On.pkupuaLd u3.. Adv.ta. effeet,Onk b aka quality and quantity Ot e.Oaiott of land shall b.nn;kninuzed. 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. The Department of Public IIealtln and Env honment has-Ken d.signnat.d a inanag.unent ag.nncy fen ita junisdietien as part of the wat.n quality ylanr. D. A5 a management a euey,the County has a nesponnaibility to.Aeneia.land u,l autlun ity based Ulf wat.n quality tonsid.tations. As part of the Larimer-Weld Region,Area Bide 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 70 with land use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. Sec.22-4-30. Water goals and policies. The following goals and policies are established for water: A. WA.1 Goal and policies: 1. WA.Goal 1. County residents are encouraged to conserve water. 2. WA.Policy 1. Landscaping using„ative low water use plants and water conservation techniques is are encouraged. a. WA.Policy 1.1. Application for new development should include provisions for adequately handling drainage and for controlling surface erosion or sedimentation within the site itself. b. WA. Policy 1.2. Applications for new development should consider dual water systems that incorporate separate potable and non-potable water. B. WA.2 Goal and policies: 1. WA. Goal 2. The County will strive to maintain Federal Drinking Water Standards in aquifers which provide drinking water for domestic and public use. 2. WA.Policy 2. As conditions warrant,applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality. a. WA. Policy 2.1. Potential groundwatc, pollution fiom septic systcLt use shall be nuaiauLed by tequiriug upgiadcs of inadequate facilities. Applications for new development shall consider the installation and maintenance of managed and advance treatment septic systems to prevent potential groundwater pollution. b. WA. Policy 2.2 Whenever feasible,the County encourages the incorporation of community sewerage. C. WA.3 Goal and policies: 1. WA. Goal 3. The County will strive to maintain and protect water aut,t,liH,water supply conveyances adequate to sustain prime agricultural land. 2. WA. Policy 3. The County discourages the diversion of wateL flout agricultural uses. The County will acknowledge water rights as private. a. WA. Policy 3.1. The County will favor applications that return water to a abandoned agricultural land for productive agricultural use. D. WA.4 Goal and policies: 1. WA.Goal 4. The County will strive to maintain the quality of all publi, ater bodies as outlined in the State and Federal Water Discharge Quality Standards. 71 2. WA.Policy 4. Sediment and d. nis eollLetiou and.e..mral shall be.equi.ed o.r 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. a. WA.Policy 4.1. Irrigation ditches shall not be used as outfall points,unless it is shown to be without reasonable hazard andlor the ditch company provides written acceptance of the stormwater. b. WA.Policy 4.2. The developer shall incorporate all Floodplain Management programs and btudiLa Master Drainage Plan into the new development plans. The County adopted the South Weld I-25 Corridor Master Drainage Plan in November of 1999 and all stormwater designs within the Tri-Town and Godding drainage basins shall meet the technical criteria of this report. c. WA.Policy 4.3. The County encourages an overall water shed approach to water quality management issues. d. WA.Policy 4.4. Animal feeding and dairy operations shall comply with all applicable County,State, and Federal rules and regulations. E. WA. 5 Goal and Policy 1. WA Goal 5 Development will occur in areas where adequate water quantity and quality is obtainable. 2. WA.Policy 5. Policy Applications for proposed development will assess available water quantity and quality. F. WA.Goal 6. I. WA. Goal 6. The county encourages voluntary long-term leases of water between communities and the agricultural land owner/operator for use as supplemental water supplies. DPS recommendation: Delete F. WA Goal 6 in its entirety, not consistent with previous statements recognizing water and water rights as private property. Retain deleted portion of 22-4-40 13 below. 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. The pollutants cu.iw.tly .,nosing the most eonacm in the County ate two (2) "ctitciia llutaut,,," .a.Lu..munvnide and Fa,ticulati..natt... The G.c,,h,y u.ban an-a has Lw..liaLd as a..o..attai.unent aiCa fel national pullutant atanda.d . The City of G.ccky ha a Stiat.,gii.Iu.plLwiutatiun Plan and is d..%A.lupinb a u.aintLna..Ls.plan fin futu.L wn.plia..w with Chan Ai. RLgulativ.r. D..vLlup.ncnt in and adjaw.t tu tl.a a.La should bi-wuaiatw.I with tl..,ai.plain. 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. 72 The following goals and policies are established for air: A. A. 1 Goals 1. A. Goal 1. Maintain National Air Quality Standards and,where practicable, improve air quality in the County. 2. A. Policy 1. If applicable,land use applications will demonstrate future impacts on current air quality. a. A.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. b. A.Policy 1.2. As a land use icgulatury autl.oiity,the County ;s,csponaibic fen deciJiono which harc a significant effect on ail quality. Dy encouraging ,osidental, commercial and industrial dcvclopmcnt to occur within municipalities, urban guowth bouuda,y aicas and the 1-25 Mixed Use DcvcloymcnL arca,County policies p,osuotc p.oAhnity of jobs and services to.csidenccs. b. A.Policy 1.2. Weld Countyencourages the use and development ofalternative fuels,alternatively fueled vehicles, and modes of transportation that reduce pollutants. c. A.Policy 1.3. Weld County encourages!innovative'and creative approaches to alternative energy sources. d. A.Policy 1.4. Open burning is discouraged except for the established practice of"agricultural burning" such as to clear irrigation ditches and fields for farming operations. Sec.22-4-60 Noise. Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods can be a threat to public health. Statutory noise standards have been established for areas where commercial,industrial and residential uses are located. Sec.22-4-70 Noise goals and policies. The following N.1 goals and policies are established for noise: A. N. 1 Goal 1. N Goal 1. Minimize the impact of noise on County residents. 2. N.Policy 1. 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. a. N.Policy 1.1. 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'enc1 iohmen6t benefits. Energy production,and recycling and resource conservation arc two(2)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.). 73 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 wishes strives to ensure that: 1. Thee a.c no n.,gativc impa.,tE flan.wank Ulf Waste should be handled in a manner that protects human health-or 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 funs into tin,both now and in the future. D. Waste is divided into fiat(5)Six(6)subsections as follows: 1. Transfers,processing and diversion. 2. Final disposal. 3. Exploration and production waste. 4. Gl dg„. Biosolids and Septage 5. Hazardous waste. 6. Agricultural Wastes Sec.22-4-90 Transfer,processing and diversion. Important components of the 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.1 Goal and policies: 1. TPD.Goal 1. The County expects its businesses,residents and landowners to prevent negative impacts on human health and the environment from waste processing or disposal. 2. TPD.Policy 1. Land use applications will be required to characterize the waste stream associated with the proposed land use. a. TPD.Policy 1.1. The applicant shall submit a plan to manage waste that is consistent with federal, state and county statutes,regulations and ordinances. B. TPD.2 Goal and policy: 1. TPD.Goal 2. All facilities in the County which handle,collect or process waste will maintain an active role in solid waste management resource recovery of such waste. 74 2. TPD.Policy 2. 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. The following F.1 goal and policies are established for final disposal: A. F.Goal 1. All final disposal facilities in the County will locate,develop and operate in a manner that minimizes interference with other agricultural uses,rural settlement patterns and existing residential communities. B. F.Policy 1. The County shall collect surcharges from final disposal facilities which cover waste-monitoring tasks performed by staff,road maintenance,litter pick-up,public education,household hazardous waste collection or other costs identified by the Board of County Commissioners. 1. F.Policy 1.1. Compatibility with existing and future land uses(identified at the time of application)must be demonstrated in terms of including but not limited to visual impact,pollution prevention,pollution control, traffic, dust, noise, land use scale and density, infrastructure, topographic form geology, operating plans, closure and reclamation plans,and buffer zones. Land use incompatibility can may become an issue and may require additional mitigation if determined that the final disposal facility site wtattsc is causing negative inspa.,ta by visually d..slad:.1g o. Lusitauunating etl.cl Suneu11du1s land us..a-environmental impacts. 2. F.Policy 1.2. Appropriate infrastructure, which provides adequate access to final disposal facilities, is required for approval. 3. F.Policy 1.3. Applications submitted for final disposal facilities will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes, regulations and ordinances. Applicants must demonstrate adequacy of access roads, grades, leachate and drainage control, liners,fencing,site improvements,reclamation plans, general operations,service area,permitted capacity or air space,buffer zones and other appropriate requirements. 4. F.Policy 1.4. The County may require new final disposal facility applicants to demonstrate that resource recovery and recycling programs have been adequately studied as an alternative or component Sec.22-4-130 Exploration and production waste. A. A large amount of water is extracted during the production of crude oil and natural gas. The waste water produced from exploration and production(E&P)waste is frequently brackish or salty and must be processed and disposed of in a satisfactory manner to protect both human and environmental health. B. The County shall monitor and report violations of has ubaclv..d nuiaanw conditions violating state odor regulations and groundwater impacts at E&P waste surface impoundment facilities. C. Ground water contamination must be prevented by following state regulations for cementing wells,including injection wells,to prevent commingling of water,oil, and gas into other formations. Sec.22-4-140 Exploration and production goals and policies. 75 The following goals and policies are established for exploration and production: A. EP.1 goal and policy: 1. EP.Goal 1. The County encourages the minimization and of L&P want Lu.th , the Comity requires the safe disposal of E&P waste. 2. EP.Policy 1. Due to the level of impact from and increasing public concern about surface impoundments, other alternatives for disposal shall be considered. B. EP.2 goal and policies: 1. EP.Goal 2. E & P waste facilities shall be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of,but not limited to general use,scale,height,traffic,dust, noise and visual pollution. 2. EP. Policy 2. In reviewing the operational and reclamation plans for solid and brine waste disposal facilities,the County shall impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources, a. EP. Policy 2.1. All applicable land use applications will be reviewed by the Department of Public Health and Environment for compatibility with federal, state and county statutes, regulations and ordinances. Sec.22-4-150 Sludge Ovaalt.Biosolids and septage. /� Like other wastes, biosolids and septage waste can have negative impacts on human health and the environment. Improper disposal of biosolids and application of septage waste can lead to health problems and also nuisance issues. At the same time,these wastes are important resources to an agricultural community as soil enhancements and fertilizers,when properly applied. Sec.22-4-160. Sludge Biosolids and septage goals and policies. The following S.1 goals and policies are established for biosolids and septage: A. S.Goal 1, L.aid....to pincut vOutauuuatiod ofgioundwatu us uth1/4i w Laua�d by tl1 imp'up i applicatiuic liauvlliuy and y.wwauls of sludge and acptiflyslwu wastes,slud6c al,uuld In.applied,11audLd and pioc sscd hi L.amd� wluLh CuautCS-aaL uSC now and avoids nat.,' contamination, B. S. Policy 1. All applicabk land ust, applications will he.cvicw. d by the DLpa.lu,cnt uf Public Ih.alth and Envnoin i..ut feh compatibility with f d.,aal,state and county atatukS,iCgulatiOns and OtdnianCca. A. S.1 Goal and Policies 1. S. Goal 1. Biosolids and septage should be applied, handled and processed in a manner that prevents groundwater contamination and minimizes nuisance conditions. 2. S. Policy 1. All biosolids and septage land application permits will be reviewed by the Department of Public Health and Environment for compatibility with the County Code. a. S. Policy 1.2. Weld County requires the appropriate land application for disposal of biosolids and septage 76 Sec.22-4-170. Hazardous waste. Hazardous waste can pose unacceptable levels of risk to human health and the environment. Improperly managed hazardous waste has led to public health disasters around the world. In addition,Household Hazardous Waste (HHW)such as paints,are unregulated,but nonetheless can pose an unacceptable level of risk. Therefore,HHW should be diverted from landfills. The County has a HHW program which provides alternative handling methods for County residents. Sec.22-4-180. Hazardous waste goals and policies. The following H.1 goal and policies are established for hazardous waste: 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. B. H.Policy 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. 1. H.Policy 1.1. Because of the possibility risk of permanent damage to life,health and the environment, and-b.,caua.,dtc Co..tpsent:nnms t.,dahenstzat..an iac.casiag p pttlativu haa..,permanent and final regulated hazardous waste disposal facilities shall not be discouraged lo..at,d in the County. 2. H Policy 1.2 The county shall maintain its Household Hazardous Waste(HHW)Program.. Seet i 22-4190. Agricultural'vi?aSte:; . .:: I •�:.. .:. ..... ..�..•:�Ir+�� ,.td'f•Pl 4iui!aq•,.�o�,r��. ... :. . . .•. i III f: ::n.; :. {��.':.': .. . A by-product of being one of the county ltai st producers of agricultural.pt'pducts is the generation of a large amount of agricultural waste. Agricultural wresultastes:• from the raising of crops.or animals,including animal manures,that are returned to the soils as fertilizer,o><'soil'conditioners. Improperly managed agricultural wastes can impact public health. Agricultural wastes must be managed and processed appropriately to protect human and environmental health. Sect.22-4-200. Agricultural waste,goals and policies. The following goals and policies are established for agricultural waste: . i 1.u'.•III;i,:,ti,,I i I!!;:•. i'i+ I;!. AA.Goal 1. Human and environmental health impacts from agricultural wastes will:b�mtnttxitccli}�ap¢ropnate handling,storage,and processing'practices Weld County encourages the composting of agricultuial wastes. I A.Policy 1.1 Weld Countyeneourages the incorporation of"Best:IVfapagement Practices"when managing agricultural wastes. 77 ARTICLE V Natural Resources Sec.22-5-10. Purpose. A. Because natural resources are limited,it is critical that a balance be obtained smock between developmennt and tine pitaen vation of key natural ancaa and open spat,,increased growth and the natural areas within the County. Each land use change often liaa an unanticipated effect on effects the environment which may produce undesirable results. Shrifts in land uSc may Jesuit in negative impacts to valuable nattnal ICSOuneeS on site,on neigliboiing lands, to away cunnulativcly affat L.oad landscapes. Erosion sedimentation,reduced water quality,loss of productive farmland and reduced fish and loss of quality wildlife habitat are a few of the problems wltieh-are facing Weld County. citizt.na B. Natural resources are both limited and interdependent. The misuse of any natural resource may result in environmental degradation or destruction that may be permanent oi, in the vcry least,costly to tcpau. of any nattnal resoun ee altei a tl..,uacfubness and availability of others. In order to meet the goals and policies identified in this Section, officials of the County, as well as each citizen,must 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. IIo weven, ibis does not mean that these au- tine only Lk!viiv,nu,,utal quality and natural 'Lana,n, problems in the County. Ratlici,the following sections have Lew dealt with in depth because of the importaocc they have on the natural envuounsent,and the quality of out liVC3.Tines,,sections do not attcnsptto cneonnpass eve.J 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. sr- 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, and to snag, essential wildlife habitat, 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 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.Additionally,thousands of a,.nea of private lands are nsanaged fin and/ vn leased to ploy idc outstanding lnuntiii , liaising,boating and vtln,i outdovn twn,,afivnnal activ itiw. Maintaining untacn,sigh quality wildlife habitat in sufficient quantity is uecwaary to enwunage the Social and eeononue benaG,the County i cc iv La hum this n wvunw. Tv ncducc thwn galiv,.innpact of fr aginentatiOn, it is essential to maintain intact movement coo idors betwccni discrete pockets of wildlife habitat.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. The following goals and policies are established for wildlife: A. W.1 goal and policies: 1. W.Goal 1. New development should be located and designed to conserve)neat,v critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors. of n ipar ran habitat, wetlands,Sandbilh,uudgraSa atcppe5,ahvrtgnaaa steppes and uugnativu considona: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. 78 2. W.Policy 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',saki fo,,s1 a1CaS. key wildlife habitat. a. W.Policy 1.1. 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 as ptcactibcd by tin.Culuiadv Div,moll of Wildlife. b. W.Policy 1.2. The County will identify and strive 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. tlneat aced vi cndangcicd apw,w, spwtw of aywial wuwiii, cuticai b„wdu,g v, apawmug habitat,and oulatanding viewing aiCaa. B. W.2 goal and policies: 1. W.Goal 2. Traditional wildlife uses such as hunting,trapping and fishing in agricultural andnondeveloped portions of the County are beneficial. The County supports the maintenance of these wildlife uses. An authorized hunting and trapping clause is incorporated in the Right to Farm statement 2. W.Policy 2. The effect of proposed development upon wildlife and habitat should be evaluated. Loss of c,itical significant habitat should be mitigated. The County will maintain maps of known significant wildlife habitats. a. W.Policy 2.1. The integrity of movement in wildlife corridors should be} ,vLd conserved. b. 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. O n apaw io any vutdvv,laud v, flak'aica. This nicludc5 auelt aicaa as agiiculiui , - -ai"--, city paikS arid baekya,da. Open apace to dcsnabh.because it petfvmu many uatu,al fu1,ct1o,S and aat,afiw many human uwda. Open ayaw is uacd fin the ptvduetivn of c,vpa and',Jibing of Open apace is uacd fur Outdvvi iccicatiyaal activilk, and vthct lwautc tune puiSuit5 wluclt plumate the health and wclfa1c of people. Open apace functions as airshcds winch,educetib_cffccta of an pullutivn. Opw1 apaw functivua as walcmhcda and Shit tn.,ltaniagc,cvllwtuig watt.' fet Ai Cana and ayuifciS and ak.,O,b„ig valet of mlcnsc iaiufall or siivwinclt. Open Space aka SuppOrta *1ldltfc wluclt w turn plovidcs cnjoynient for County CitiZcn5. 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. Reference Section 22-2-40, E. D. Park facilities and"eel eational plvglauu in the County aic platutcd and vpc,atcd by tin.State Diviaivit vfPaika and Outdoor Recreation,1nunicipa1itica,5eliOvl5 and iCciCatiOnal distucta. T11c Cvwtty cullcatly vpciatca vii...f ') small,Cgivual park neat the City of Gtccicy and,a actively dcvcloputg AIL; vpcu apaw uppvl lwutica tluvughuut the Cvuttty. B. Park facilities and recreational programs in the County are planned and operated by the Federal Govemment, State Division of Parks and Outdoor Recreation,municipalities,schools and recreational districts. The County r„` currently operates one(1)small regional park near the City of Greeley,is considering developing other open 79 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 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. L,addition to these facilities,the County cu,u..udly O.vs and opCiak5 S.paua&Sal and x.a.,d pita. Tlu a u,i,u aitLS vary in six.£Goon 56.6 to 105.7 atics. One(1)of HIM-sits,lOtatLd in the I-25 Sliced U3e D,vdopn6ut area,cunc..tly is in the puoceaa of being d.,.,eloped into a,Cgioual pack fo, th.,Lc„cf;t of the residents of southwest Weld County. Special attLution has been diie.,t.,d toward..ut.uu,agni yaika, halo and ic..i..atiunal fa..ilitics of van yi„g aiLL and function along iiDCt S,c,C.ks and shcauibcda. Cunently,the County is working with the City of Crecicy and the Town of Windsor to do,clop the Cache la Poudre Trail. The Cache la Poudic Tiail follows the Cache la Poud,c Rio,,. Lour Island Grove Regional Palk westwaid to the Lorimar County line. It is thb goal of the Ca,he la Iliadic tail Adv'lanky Duaid tv ploy idc a multi-mudal tuanait ayattan fn. t1,C uO,lhem i..Kiun of drib County^ D. Special attention has been directed toward encouraging parks,trails and recreational facilities of varying size and function along rivers,creeks,'streambeds and native national grasslands. 9. E The central theme of the County's open space goals and policies is to thb adoption of goal6 and rvhicir can minimize conflict between areas for open space and urban development. The open space and natural resource management goals and policies found in Section 22-5-50 below currently function as the only open space plan for unincorporated Weld County. Each municipality within the County has been asked to include an open space vision of lands, into tl.oit u,La„s,Owth bouadauy asn.aucnta. Tl.,se ag,CCu&uuta will fu,tlueu Cnlian.,c the upon apa.n puli.,i.,a a,t faith in Section 22 5 50 below, allowing for a anificd icgional approach fur open space dbyclepn.cnt. while considering the private proerty rights of individual land owners, within their urban growth boundaries. E F The County has not historically been involved in land acquisition for open space or parks. The Great Outdoors Colorado Trust Fund and several other funding opportunities in the State are making acquisition and maintenance of open space far more feasible for county governments. The County is currently addressing the need to provide open space opportunities for residents of the County and hopes to produce a regionally influenced open space plan for the County. Sec.22-5-50. Open space,parks and recreation goals and policies. The following goals and policies are established for open space,parks and recreation: A. 0.1 Goal and policies: 1. O.Goal 1. Plu,..ot, agricultural use of piin,c agiieultu,al land. Promote the location of park,recreation and open space areas in floodplain,seep areas,wetlands,geological fault areas and nonproductive agricultural areas.I\oinot.,aglicultaral us,ofp,in&agiiculta,al laud. 2. O.Policy 1. acorn abc Sic location Of pail,metaeatiOn and opal apaCC in floOdplai,,,SLCp a,Ca,geological fault areas and edict nonp,oductive aguicultuual areas. Encourage agricultural use of productive agricultural land. a. O. Policy 1.1. DiS Ouuag > neourage uses such as other-than 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. 80 B. 0.2 goal. 1. O.Goal 2. The County will cooperate with local,state and federal agencies to identify, conserve,and protect, fish and wildlife habitat by attempting to implement ntcasuies fin the protection of such areas. or enhance critical fish and wildlife' habitat by attempting to implement measures for the protection or enhancement of such areas. C. 0.3 Goal and policy. 1. O.Goal 3. Land use activity piuRuscd fut atcas dcsigttatcd as opctrlands,or for visually prominent atcas, should preserve,enhance and maintain significant or unique natural land features., including sttcan,s,lakes, ridges,valleys,meadows,large tree clusters,rock outcroppings and drainage. 2. 0.Policy 3. Stabilization and landscaping of final landfoi,iis shall be required and runoff controlled to 1ti�t.,tic lcycla. D. 0.4 goal. 1. 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. In addition, 2. 0. Policy 4 sStabilization and landscaping of final landfornis and continuous maintenance of new landscaping should be assured. shall be required and runoff controlled to historic lever. a. Continuous maintenance of new landscaping should be assured. E. 0.5 goal and policies: 1. O.Goal 5. The County will strive to conserve significant stands of trees and shrubs,lat gc eApm,ses of prairie g,assc.,and unique forms of vegetation and land area. 2. 0. Nlicy 5. The County kill wo1k to reduce the ptolifeiatiun of uuniuuswccJS iii au cuvituiuiiciitally sound manner in compliance with state laws. Strive to consci vc significant stands of tiers and sluabs and unique,foriits of vegetation. a. 0. Policy 5.-1- Significant stands of healthy vegetation shall be identified during the land review process. Idctitifcd Critical stands will should be preserved whenever possible. Improvements should be located to minimize the removal of vegetation. b. 0.Policy 5.1. Atttactivc Compatible,drought-tolerant landscaping should be sttuttsly encouraged in all land use proposals. c. 0. Policy 5.2. 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: 1. O.Goal 6. The County shall encourage the eradication ofnoxious weeds in an environmentally sound manner,in compliance with state laws. 2.0. Policy 6. The County will'maintain a public education program regarding the eradication of noxious 81 P",\ 4VeCC1S'. G. 0.7 Goal and policy. I. O.Goal ft 7 Provision should be made for open space in order to—in,.t human needs throughout the Evunty in oidei to pioteot and enhance the quality of life and enjoyment of the environment. 2. O.Policy 7. When open space is not available,mitigation should be encouraged as an alternative. H. 0.8 Goal 1. O.Goal 7'-8 Adequate parks and recreation facilities should be encouraged throughout the County and should be interconnected iutwgrat..d whenever suitable. I. 0.9 Goal and policy: 1. O.Goal S. 9;Public&open space should be promoted a,a Leff.,. LVne as a means for protecting from development those areas which have significant environmental,scenic or cultural value. 2. O. Policy S. 9 When alt.,mati.es are not availabl., th;S Chapter and Chaphas 23 and 24 of th;s Code should cewuiage nutigatiu.s as a tuul fin d.,u.,aauig izCgativc unpacta to i.atui al ieaouiCi..Compensation for the acquisition of privately owned land for public open space will be required. I. 0.9 10 Goal. 1. O.Goal 9 10 The private sector, non-County agencies and other governmental jurisdictions should be encouraged to participate in open space preservation and trails development in the County. 2. O. Policy 9 10 . Development of trails should avoid negative impacts to critical wildlife habitat: J. 0.-}0 11 Goal. 1. O.Goal .-1-0 11. Whcncv..i possibk,Open SpaLC v4;tluird dcvelopnicet should LC COiu1CetCd to en;aluig open spat... This would Ci Cali.a ay Slims in wludi fanning am be uupleeient.,d, w ildlife can iiiuv.,tlnvugh ail} b;Sual qualit cs can be maintained Open space within a development should fie 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 d..p.,aaa. resources. A, This Section has been developed in conformance with Title 34,Article 1,Section 304,C.R.S. This Chapter is intended to provide appropriate goals and policies to utilize the County's mineral resources,ensuring that adverse environmental effects resulting from surface mining operations are minimized. The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel have an economic affect on the general construction and highway construction industry. 82 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. The following goals and policies are established for commercial and mineral resource deposits: A. CM.1 Goal and policy: 1. CM.Goal 1. Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. 2. CM.Policy 1. Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall,by zoning,rezoning, granting a variance or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. B. CM.2 Goal and policy: 1. CM.Goal 2. Promote the reasonable and orderly development of mineral resources. 2. CM.Policy 2. The operation of a mine site in unincorporated Weld County shall be subject to obtaining a specialized use by special review permit in accordance with Chapter 23 of this Code. C. CM.3 Goal and policy: 1. CM.Goal 3. Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. 2. CM.Policy 3. An application for a mine site located within the County, an tuba's sruwtlr bouudasy aica, unincorporated contractility,I-25 Mixed Use De%clopnient al Le,urban dee clopment node of agricultural aica should be reviewed in accordance with the goals and policies of the area in which the application is located. a. CM.Policy 3.1 An application for a mine site will be reviewed in consideration of the cumulative impacts of the mining activity on surrounding land use and County infrastructure. D. CM.4 Goal and policies: 83 1. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 2. CM.Policy 4. 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. This,l.auld L,clu&as follows: a. CM.Policy 4.1. Require, iiix 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 4.2. Maintain ins 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 4.3. Require-ing that access roads to and within the site be located in a mariner which minimizes traffic impacts on surrounding land uses. d. CM.Policy 4.4. Require irrg 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.Policy 4.5. Require ing,where possible,that batch plants and processing equipment be buffered from adjacent uses. f. CM.Policy 4.6. Require that 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 4.7. Require iu .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 4.8. Require Ensuli g that all mining operations conform to federal, state and local environmental standards. E. CM.5 goal and policies: 1. CM.Goal 5. Provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code. 2. CM.Policy 5. The County should consider the potentially adverse environmental effects of mining operations and generally require: a. CM.Pulicy 5.1. Disturbance of vegetation and overburden in advance of mining activities should be minimized. b. CM.I\,licy 5.2. Topsoil should be saved and utilized in site reclamation. 84 c. CM.Poli..y 5.3. All reasonable and practical measures should be taken to protect the habitat of fish and wildlife. d. CM.Policy 5.4. The operation should comply with County flood hazard and geological hazard regulations. CM.Puli.y 5.5. The final nalainatien of the wine sit._ should r.,tunn the land to a foinn and lnududnv ity that is uin coiifoi unannce w itln tln.establualn...l wuipn.,hunaivc plan fo1 the area. f. CM.Policy 5.6. The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is reestablished. g. CM. oliey 5.7. 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.6 Goal 1. CM. Goal 6 The extraction of mineral s and oil and gas resources should presence conserve the land and minimize the impact ona6nLulluiai 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. The area of the nnoat lut..nsive 'acid drilling attiviti.a coincides,to a large part, with prime iriigat.,d fainnlannd. Rears d..velopnrenta in ea.,law and atatutL ha..,nnud., /'� it%lean that countica lhay.,ainnc laid use authority OM.i uil and gas d..v..lupun,ut d.,apdu a pax tial pwunptiun by tla.. fiitatc.aLtinng tlnough the Colon ado Oil and Ga Connci vatiun Cunnwaaiun. Nu Lout inn aanally h..and..vid.,uw and ievi..wcd a 3 L of h...al r..gulatiuna to d..t..iiiun.. Lna.,nly wh.,i., wnfli.,ta aria., bLtwecn the atat.. atatutt ny purposes and local regulations, and them is still dcbatc as to what standard the Cana should actually apply in Sec.22-5-100. Oil and gas goals and policies. The following OG.1 goals and policies are established for oil and gas: A. OG.1 Goals and Policies 1. OG.Goal 1. Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses. 2. OG.Policy 1. 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. a. OG.Policy 1.1. 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. b. OG.Policy 1.2. 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 85 �.� reasonably be anticipated. c. OG.Policy 1.3. The County will seek the imposition of protective measures through available state, county and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts. d. OG.Policy 1.4. 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. e. OG.Policy 1.5. 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. OG2. Goal. 1.OG. Goal 2. The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land. C. 063.Goal. 1. 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. 86 APPENDIX 22-A Population Distribution, Percentage Based I ... ........... .. 70 , 81.7 163.9 60 S,;., :.: .., 50 Legend { i... WLLt) I. COLORADO i.. 20.2:-.7:- .:.. 30 . . ' X 18.5 ,t''?•P. • i 0 20 .9 L771111 10 ;i ....... < 6 5 TO 17 18 TO 64 65+ e'1 Population Characteristics/Weld County and the State of Colorado: Multiple Race Categories- 1990 2000 Ni't.Id(onnl (olorado Race 1990 2000 Percent Change 2000 1990-2000 White 117,247 147,834 21% 3.560.005 Black or African American 567 1,022 45% 165,063 American Indian and Alaska Native 785 1,581 51% 44.241 Asian 1,133 1,508 25% 95,213 Native Hawaiian&.Other Pacific Islander 90 150 40% 4,621 Some other race I2.089 24,044 50% 309,931 Two or more races n-a 4.797 n'a 122.187 County Residential Population 1970 1980 1990 2000 89,797 123,438 131.821 186.936 (Source: Colorado Department of Labor and Employment,1994) e....` Population Characteristics/Weld County and the State of Colorado-1-990 2000 WELD COUNTY COLORADO # % # % MALE 65,889 494% 16,295 49-5% 90,717 50.1% 2.165,983 50.4% FEMALE 664339 50.6% +,663,999 50.:76 90,219 49.9% 2,135,278 49.6% UNDER 5 10,389 7.9% 252,893 7.7% 14,047 7.8% 297,505 6.9% 5--F7 26,624 20.2% 699;373 18.5% +8-64 877354 617. 44 2,103,685 63-9% 5-14 28,576 15.8% 619,925 14.49% 15-34 58,094 32.1% 1,277,503 29.6% 35-64 63,979 35.3% 1,690,255 39.3% 65+ 13,154 10.2% 329,443 10.0% 16,240 8.9% 416,073 9.7% TOTAL 131,821 180.936 3,274.394 4,301,261 Median Age 30.5 30.9 3245 34.3 ,r4 Total Households 4-77470 63,247 1,282,489 1,808.037 Persons per Household 2.69 2.74 2,5+ 2.47 County Median Household Size,Family and Household Income Median Household Size Median Family Income Median Household Income Year County State County State County Slate 1940 1950 1960 1970 3.0 3.0 1980 2.8 2.8 $26,236.00 1990 2.7 2.7 $30,800.00 $35.930.99 $25,642.00 2000 2.78 2.53 $35,351.00' $40,853.00' 11997 Model-based estimate,U.S.Census Bureau,2001. APPENDIX 22-B Existing 1995 Land Use in Weld County LAND USE CATEGORY ACRES PERCENTAGE Agricultural Research 500 .03 Farmland 2,086,292 81.0 Forest Service(primarily Pawnee National Grasslands) 193,060 8.0 Urban-Type Development Commercial 9,980 .4 Industrial 2,168 .09 Residential(Subdivision) 8,184 .3 Wildlife 2,228 .09 Other 200,301 7.0 Uncategorized* 59,757 2.3 Total County Acres 2,562,560 100.** * River bottom,roadways,geographical features. ** Rounded. t'1 Sources: 1. Colorado Division of Local Government—Demographic Section. 2. Estimates and Projections of Total Population for Colorado Counties 1900-2000-1900. Denver,Colorado. 3. Weld County Planning Department—1995. APPENDIX 22-C Number of Acres in Municipalities in Weld County TOWN ACREAGE Ault 395 Brighton 269.87 Broomfield 941 Dacono 999.16 Eaton 611.46 Erie 1,185.88 Evans 1,778 Firestone 803.24 Fort Lupton 2,360.61 Frederick 2,426.78 Garden City 85 Gilcrest 448 Greeley 17,966 Grover 293.53 Hudson 267.57 Johnstown 281.5 Keenesburg 333.99 Kersey 242.89 LaSalle 344.35 Lochbuie 381.72 Longmont 160 Mead 435.74 Milliken 2,627.81 New Raymer 356.04 Northglenn 623 Nunn 640 Pierce 390 Platteville 421 Severance 148 Thornton 69.55 Windsor 3,223.45 APPENDIX 22-D Weld County Population by Municipalities 2000 1980 1990 +993-(Est) WELD COUNTY 123,438 131,821 143,824 180,936 Ault 1,056 1,107 +233 1,432 Berthoud(MCP) - - 16 Brighton(MCP) - 17 +7 154 Broomfield(MCP) - 4 6 10 Dacono 2,321 2,228 2,334 .:13,015 Eaton 1,932 1,959 2;1-50 2.,690 Erie 1,231 1,244 1-$M ,,2,009 Evans 5,063 5,877 6580 '49,514 Firestone 1,204 1,358 1,460 '..C'1,908 Fort Lupton 4,251 5,159 5,#30 6,787 Frederick 855 988 47142 2,467 Garden City 123 199 209 357 Gilcrest 1,025 1,084 +;++2 1,162 Greeley 53,006 60,454 6+,908 76,930 Grover 158 135 44+ . .:'153 Hudson 698 918 98+ 1,565 Johnstown 1,535 1,579 +,680 3,827 Keenesburg 541 570 638 °'-L855 Kersey 913 908 1658 1389 LaSalle 1,929 1,803 +684 f'C1,849 Lochbuie 895 1,168 +-,-22+ 2,049 Longmont(MCP) - - - 24 Mead 356 456 529 Lc..2.017 Milliken 1,506 1,605 169+ .,2,888 New Raymer 80 98 +03 91 Northglenn(MCP) - - +0 12 Nunn 295 324 344 471 Pierce 878 823 869 it 884 Platteville 1,662 1,515 +6+5 2,370 Severance 102 106 +24 597 Thornton - - - Windsor 4,277 5,062 5,03-7 9,612 Unincorporated 35,542 33,001 36,761 41,832 MCP. Only those portions located within Weld County. Source: Colorado Division of Local Government-Demographic Section. Source:U.S.Census Bureau. Date Set:Census 2000 Redistricting Data(Public Law 94-171)Summary File. APPENDIX 22-E WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens, field work,harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes;hunting and trapping activities:hazing of nuisance wildlife;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Property owners and residents cannot take water from irrigation ditches,lakes o other structures unless they have an adjudicated right to the water. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably es" associated with agricultural production. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County and the distances which must be traveled may delay all emergency responses,including law enforcement,ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas,in many cases,will not be equivalent to municipal services. Rural dwellers must,by necessity, be more self-sufficient than urban dwellers. CI IId, ,r People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sand burs,puncture vines,territorial farm dogs and,livestock and openburning present real threats to LhildLc.r. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. rre\ Trauspo,tation DcImitivua Ar ter id Rou,la Arterial .oada p.uvidL f,i the con idyl situ vcn,etit and dist"ibut1on-of naffc with hip h,stls and navel densities fin substantial statewide or Countywide travel. Some arterial toad charactc,istics ate as follows. — Paved arteiials will not,nally have au ADT g,eat..r than 1,000. Arte,iala will Le designed foe a speed of 55 MPII. — I'o,betel movement oft,affe and safety,the hay Cling ast.niala Shall Lac uO do CLtaCCLSSC . DnCet a..cw5..3 Jv ill 1 piuvidcd only fin liaidahip cases u, fu, high tiaffk gu.e.stun - Dire..t a.,a,c t. will usually be lu,ut..d to incoming cullwto, ,Odds, i.e., vu..(1)e,vauvad u.te,aeeti0,1 pCi sole.. - Art.,,;al loads provide lb,the honido„uovement and diatiibutiun uftiaffc with hip lengths and l,ay.,l dcnSitiea fin substantial atat...Ridc.O, County wide.Pavel. Collector Routh Coll..Cto. toads Connnbin1C Small.., tnaffe Wm until they ,each a vulu,u., that wa„aura an iutLla....tiun aluug all ant..,jai ivadway. Cull....tv,a a,np.,dit.,u,uveun.ut of uaffc u,the,hv.,al a,ca. Cull....tut a..,ve a dual function LOU c.C,.mobility and land access by connecting local toads to atterials. Collecto, toads sc,vc small.,i communities and neighborhoods, as well as Laval of plimmnly a Cuuntywid..uatu.e. Tl.e cha,actcust.cs of a LO11Cet0n load ale. "t Paved collectors will normally have an ADT of 200 to 1,000. D.,Cet a..cLasLs will Le lnnnut.,d tO Six(6)pCi un1... - New individual Ivt accCsa evil'be peimittcd w l,a,dshup Cases. A distance of-17025-feet will-be,naimained-between.,loaalvad in,t..na..etiona .R hens.,ver — COlh.,CtOI ,oada cOn,Liue Small.,, haffe f1OnS until thCy .Cash a volune that w anan6 an iute,neetiuu aluns ant as La ial ivadvvay. COllect„na cxp.d,ta,moverta.nt of traffic in th.,local a,ca. Colketois s..nc a dual function between mobility and land aceesa by connecting local ivada to a,t.,liala. CollLCtur loads Serve Ss,alle, communities and ueigllLv,lnvvda. I. - Cell.,e.)tl, ,oada 3ervC navel of pinna,ily a Countywide,natu,e. L V..SI Ronda EULal,oada piuvidL direct app,oadic.a to individual v, otl,u piup..iti.a. A local wad al,uuld unuv.,the,lnaffe hunt t d developed area and lead a into a collector toad at a single point of access. Local County loads ate designed fur loci Speeds and luwCt tnaffe volumes: Local wads s ill be designed fin a speed of 35 MPII. '0" — Not u,o,.,than one(l-)a.....33 p.,, lut4tgal paICLI shall be permitted. To the grcatestextcnt practical,the nu,nbct of accesses OIL all local loads shall be kept to a minimum. Thc multiple use of aceesaes shall be encouraged. - Thc minimum distance between any two(2)road inteisectioits should be not less than 500 feet. — In gcucial,the design of new roads should allow fot sufficient distance between intersections to allow into►ists to complete all turning movements and/or.peed changes with sufficient sight distance to pi event eadauge1ins the thi uugh tc afftc. - Reference is made to the AASI ITO Manual on Geonteti is Design of Highway and Streets. Local roads provide direct approaches to individual or other properties. — A local road should move the traffic foam a developed area and lead it into a ceAlectur road at-a-single point of access. Local County.oad3 alc desig,ied for a looici speed and a lowci traffic volume. APPENDIX 22-F TAX LIMITATIONS Property taxes are the primary source of revenue to operate Weld County government. The county Home Rule Charter and the state TABOR and Gallagher amendments limit the amount o f tax generated revenue that can be collected each year. Weld County adopted the Home Rule Charter in 1975, which limits'increases in tax revenue to 5% per year. This limitation may be circumvented if the County Council deems it necessary by granting an increased mill levy. "Ibere are some regulations the County Council must follow in granting this increase. If the County Council fails or refuses to act, or increases the mill levy beyond its authorization, the question of increasing the mill levy may be submitted to the qualified electors of the county at a general or special election. The state TABOR amendment operates somewhat like the county Ilomc Rule Charter in that it limits the amount of increase in property tax revenue from year to year. The TABOR amendment limitations may also be changed or eliminated by a vote of the people. The state Gallagher Amendment provision in the 1932 Amendment 1 stabilized the share of residential assessed value in the total statewide property tax base at approximately forty-five(45%). Prior to 1982,'the share of residential property assessed value as a percentage of total statewide-assessed value had been steadily creeping upward. The result of this stabilization of the residential share of property tax revenue collections at about forty-five(45%)has shifted the tax burden to all nonresidential property owners in the State. The State Legislature establishes an assessment rate each year for residential property in order to comply with the Gallagher Amendment. The rate for the 2001 tax year was 9.15% as compared to 21%prior to passage of the Gallagher Amendment in 1982. APPENDIX 22-G DEFINITIONS: Urban Scale Development: Developments with an overall gross density exceeding one(1)unit per acre that are located in close proximity to existing PUD's, subdivisions, municipal boundaries, urban growth corridors and boundaries, or can be served by adequate infrastructure,utilities and urban services. All Urban Scale Developments shall pave the internal road systems of the developments. Urban Scale Development requires utilities and services such as central water,sewer systems,road networks,parks and recreation facilities and programs.and storm drainage. Non Urban Scale Development: Developments with a minimum overall gross density less than one(1)lot per acre comprised of residential lots. Non urban scale development shall also include land used,or capable of being used,for agricultural production and includes 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(40)years. Non urban scale development on public water and public sewer shall have a minimum lot size of one (1) acre and a maximum overall gross density of 1.5 acres per lot. Developments on public water and septic systems shall have a minimum lot size of one (1) acre and a maximum overall gross density of 2 'A acres per lot. Developments proposing individual wells and septic systems shall have a minimum lot size of 2 acres per lot. /"", APPENDIX 22-H Mixed Use Development Area(MUD)Land Use Plan Distribution Land Use/Intensity Acres %Total Area Remarks Employment Center—High 2,400 18.8% 24 million square feet of floor space Intensity Regional Commercial—Medium 380 2.97% 3.8 million square feet of floor space Intensity Neighborhood Center—Low 80 0.63% 800,000 square feet of floor space Intensity Residential—Mixed Intensity 5,150 40.2% Maximum population: 39,813 people and approximately 18,097 dwelling units Limiting Site Factors—Lowest 4,040 31.6% All areas delineated are within the 100-year floodplain Intensity or have elements that obstruct or are hazardous to certain types of development Regional Park 750 5.8% Areas delineated as open space TOTAL 12,800 100% Table Assumptions: Source: Weld County Department of Planning Services. • Residential densities were calculated using an average of four dwelling units per acre for all development throughout the MUD area. It was assumed that 25%of the gross land area in residential areas would account for roadways,neighborhood parks and various residential amenities. • Employment center calculations are based on an average of 15,000 square feet of floor area per acre. • Regional commercial calculations are based on an average of 10,000 square feet of floor area per acre. APPENDIX 22-6 I Sources 1. Census of Population and Housing,(1990). U.S.Department of Commerce Bureau of the Census. 2. Census of Population Characteristics,(2000). U.S.Department of Commerce Bureau of the Census. 3. Census of Population and Housing,(2000). U.S. Department of Commerce Bureau of the Census. 4. CHAS for Larimer and Weld Counties. 5. Colorado Ag Statistics Service,July 1990. Colorado Ag Statistic 1990. Denver,Colorado. 6. Colorado Agriculture Statistics Service,August 2001. Colorado Ag Statistic 1997. Denver,Colorado. 7. U.S.Department of Commerce—Bureau of the Census. May 1992. 1990 Census of Population and Housing, Summary Colorado. Washington,DC. 8. Colorado Department of Health—Health Statistics Section July 1992. Colorado Vital Statistic 1990. Denver, Colorado. 9. Colorado Division of Local Government—Department of Local Affairs. July 1992. 1990 Census Information on the State of Colorado. Denver, Colorado. 10. Colorado Division of Planning. 1972. Water and Sewer Facility Plan for Weld County,Colorado. Denver, Colorado. 11. Colorado State University and Colorado Department of Ag. 1991. Colorado's Farm and Food System: Farm and Agribusiness Contributions to the Colorado Economy. Fort Collins,Colorado. 12. Eugene G Siemer. (Dec. 1977). Colorado Climate. In J.W.Berry A Climatic Summary for Colorado(pl CLM-CIM-19). Colorado State University. Fort Collins, Colorado. Comprehensive Plan Update 2001 Committee Recommendations'for Other chapters of the County Code,as dlCows: 247-10 F. All developers Of subiitvisiorisHshould be encourage i to`develop a'Home'd ers;Association. 24-7-20 B. There shall be no duplication of street names in the unincorporated portioii"s'of theCowity. 24-7-20 H. Centrili d•(athenng Area. A centralizedAa'theriii area may be.iuittor�}orated into the site design of subdivisions:to accommodate public.'transtt'atop;`school bus stop,:and:mail delivery,etc. 24-7-95 Addressing: Each lot shall be addressed:cie r( 'at`:thestreet. Once a structure is erected on site,the structure ll;also be clearly addressed; 24:7720 E.1 Road"design'vvitbin subdivisions should consider tarious traffic calming tecligiques for the projected use of the road:'TrafOc calming techniques are used to reduce motorist speed,motorist volumes, increase safety for.pedestrians and nonmotorized vehicles. Traffic calming Measures is a concept fundamentally concerned with reducing the adverse impact of motor vehicles in a'particulararea. All reference to.prime,agicultural land,ag,etc.,should be evaluated in other chapter§if;cliaitges:in Chapter 22 Committee Recommendations•!forDepartment Proced iral Guides Applicants for development shall fully disclose the quantity available and source of domesticandnon- domestic water to service the,proposed development during the land-use application.pXocess. Information regarding the quantity and quality of water shall be provided to the Department of Planning Services durinf.,the application process. The applicant.shall disclose such information to future residents of the applicant site as•a not on the plat and;through covenants for siibdivjsions.. Committee Recommendations'for Future Action 1. Further investigate the concept of an Old Town Zoning Classification for unincorporated communities(Section 22-2-100). 2. Develop a Transfer/Fur chase'of Development Rights:prisgram:,'or sending and receiving areas to assist landowners in:areas not ripe for development,ie:Geologic Hazard and Airport Overlay areas.(7/30/01) 3. The Right to Farm statement shall be placed.on all building permits,certificates of compliance and certificates oF:occu anc . t.,. ..,....P. Y 4. Encqutaage'tlieaopropriate enforcement of eiiisiiiig;eo'. MEMORANDUM COLORADO TO: PLANNING COMMISSION FROM: PLANNING SERVICES/LONG RANGE PLANNING(ROBERT ANDERSON) SUBJ: "REVISIONS TO THE WELD COUNTY COMPREHENSIVE PLAN RECOMMENDED BY THE COMPREHENSIVE PLAN UPDATE COMMITTEE." DATE: 02/15/02 ENCLOSED PLEASE FIND A COPY OF THE DOCUMENT RECEIVED BY PLANNING SERVICES, FEBRUARY 15, 2002 BY THE COMPREHENSIVE PLAN REVISION COMMITTEE. PLANNING STAFF HAS BEGUN ITS REVIEW OF THE ENCLOSED DOCUMENT AND WILL PROVIDE COMMENTS AT THE SPECIAL PLANNING COMMISSION HEARING SCHEDULED FEBRUARY 26, 2002 AT 10:00. EXHIBIT 1 7 Hello