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Home My WebLink About20023173.tiff wig C 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 2002-3173 WELD COUNTY COMPREHENSIVE PLAN 2002 PREPARED BY: WELD COUNTY COMPREHENSIVE PLAN BOARD FEBRUARY, 2002 CHAPTER 22 Comprehensive Plan Preface Sntnmal-v of Weld County Comprehensive Plan Article I General Provisions Sec 22-1-10 Definition of Comprehensive Plan Sec 22-1-20 Relationship to documents Sec 22-1-30 Guiding 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 Sec 22 1 100 Selected economic indicators Article II Land Use Categories Sec 22-2-10 Existing Land Use Sec 22-2-20 Future Land Use Sec 22-2-30 Agriculture Sec 22-2-40 Agricultural industry and benefits Sec 29-2-50 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 2`2-2-100 Urban growth boundaries Sec 22-2-1 10 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 1-25 Mixed Use Development( MUD) area and urban development nodes Sec-42 2 930 MUD structural land use plan -_ Sec 22 2 210 Principles for community structure and growth 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 22-3-10 Public facilities general requirements Sec 22-3-50 Public facilities and service goals and policies Sec 22-3-60 Transportation Sec 22-x;-70 Road classifications Sec Y.-3-30 Pedestrian and bicycle paths Sec 22-3-'10 Scenic road yways Sec 2` ;-100 Regional pours . 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 tier 29- A;,griculnual wa:ste, Set.22-l-200 :Aariculhn:d,caste ;Dads and policies Article IV Natural Resources Sec 22-3-10 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 22-1-I Mixed I'se Development Area(NIT'D) Land Use Plan Distdhntion Appendix 22- I .Sources ti History of Amendments Ordinance 4 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 I-25 Mixed Use Development(MUD)Area and Activity Centers Map Revision _ 147-C ' Tabled 1 147-D 5/8/95 I 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 1-25 Mixed Use Development Area and Activity Centers Map revision 147-F 5/31/95 Conceptual Lund Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map tcvision 147-G 11/21/95 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan 1 147-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/ 196 Environmental section revision 1 147-J 10/22/96 Technical amendments;add Table 5,Land Use Plan Distribution;Mixed Use Development revisions 147-K 4/22/97 I Wildlife Habitat Map revision 1Structural1 147-L 7/8/97 Structural Laud Use Map 2.1 revision 1 147-M 2/8/98 Agriculture goal and pinnyrevisions 1 147-N 4/13/98 Agriculture goal and policy revisions 147-O &31/98 Agriculture goal and policy revisions 1 147-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 I Structural Land Use Map 2.1 revision;Urban Growth Boundary map revision;Table 22.4,and Use Plan Distribution;Art.I,General provisions;Art.II,Land use categories;Art.Ill,Land use amenities;Art.IV;Environmental resources;Appendix transportation definitions,right to farm covenant Chapter 2:S l l'0l Weld Counte Codiliettlou 2001 1 Chapicr 2:i ??.?:/?? Pnndamental revision or(tiniorcitensive Plan. vocal and reatlontion of Plan I 3 Preface:Summary of Weld County Comprehensive Plan Introduction: Early in 2001.the Weld County Board of County Commissioners selected.a committee of i 3 residents of the County and (lirecteti then)to review and uptlate.the\'Veld County Comurehcusive Plan(WCCP). The committee.made inn ol'neonle • with diverse interests and backgrounds.and confine from different regions of the County.were extiosed to a wide mien,-of sneakers and t+uests.some from ditkrent departments of`Veld County.sonic from oilier eovetmment ageiit'ics.and some from the titivate sector. "1'I►e overall theme oldie sneakers was an acknowledgment that twowtlt awl clet'elontncut in Weld County is occurring and is eznerte(l to continue in the foreseeable lifting.so it is inmortattt for the Counts•to update and revise the Cotnnrcitcusive Plait and other laud use nolicies to assure alemncut ssith these nroiertions. As elected representatives of the citizens of Weld County.the Commissioners also esnressecl their(lesirc to update and revise the Plan.and discussed their exnectanons with each member during the selection process. 'Elie results of this elfort are compiled in the accomnanving(haft of the 201)2 Weld County Comnrehensive Plan. This Executive Summary is intended to present an overview of the Plan and outline the t'omnonents of the Plan. The Weld County Comprehensive Plan ('vVCCP) is a document that serves as the foundation of all laud use and dcvelc•ntncut regulations in the County. The WCCP is aelrntcd by the Board of CoumUv Commissioners as an ordinance that is the basis Gw the rules and regulations that a'oscnt»binning.zoning.subdivisions and land use. Surmlcmental to the WCCP are the zoning ordinances.(leyelonmeut standards and requirements. subdivision nrocedures and policies.and oilier documents.all of which combine to make the framework used by the Comity gover•nntetit to manage_rowth tit Wtrkl Count. The WCCP is cotnntised of live(.;) Articles:not an Appendix. The Articles;u'c: I (general Provisions II [and l;sc Categories III Land Use A Met tities IV bnironmental Resources V Natural Resources .� This Executive Sturman.will»resent the highlights of each of these Articles. It is important to note that each Article has many sections and a thorough reading of the WCCP is essential to(idly rrndercrattd the substance of the dortunent. AI2 LCI.E I GENERU.PROVISIONS: This Article describes what the\VCCP is.how it relates to other nlarming documents:how the nlmming*Process works:as well as some general dernoerwhic.geog)anhie and economic ultonnatiou about the County. Also included in this Article are the(;uidinkr Pritic•inles of the WCCP. These Principles establish the nhilosonhical linuulation of the plan and help to - clarify the intent of the Plan. The Guiding Principles are: A. Private Property Rights One of the basic nrincinles upon which the I Tnited States was founded and continues to nreserve is the tight tin'citizens to own and utilize their nrorx.ns•. Private nronerty tights rue not unlimited rights but rather rights balanced with the resnotisrbility of protecting community health'and safety. ft is the goal of the(2onrnrehensive Platt to expt'ess the needs utcl stst'rn Ofa:teveiottiuC county. while Pr'aecting individual rn,inerty rights. 4 B. Respect for our Agricultural Heritage Weld County has an agricultural heritage. as reflected by its cankint_as_o,ie..of the richest agricultural producing counties in the nation. Land nd use changes arc occurring and aerlcultnr<ti is red land is being clanged to accen:ntoclate residential.commercial and industrial development. As these new land uce;;evolve.it is important that the established ainicultural businesses and associated infrastructures;u'e allowed to vont:nue to operate. Individuals that move into these areas must realize that.they will experience conditions and services unlike an urban setting and trust be willing to accent this lifestyle. C. Fairness tit the Land d I he Change Procedure- Weld County has established various rc:rulations for the Process of laad use change. This process must be fair anti • enuitable to all parties in the following ways; 1. It is a timely Process. 2. It is an ot.)en process to facilitate public information and input., 3. it orovi(les open communication through the develon,nent review process to neighbors and communities most iinnacted by proposed c)t.urges.• L It maintains consistent rectutrements coupled with ffexib hits within the implementation criteria, 5. It allows easy access to information about the process so aftectr-d rnrties may he adeouately educated, 6. It has an established appeal Process: 7. It allows for approval when all written criteria of the land use regulations are met.and should not he denied solely on the basis of public sentiment, D. Recognition of Weld County's Diyersirv. Weld County's 4.00(s(tuare mile area is diverse geographically.socially and economically. land Ilse changes therefore must afford flexibility based on the snectlic location and the particular circumstances encountered within this locality. It is also inmo t;utt to weigh the cumnlative impacts that snccilic land use changes will have; E. Regulations Addressing Land[_rsc Changes Should Facilitate the Achieven:eut of'the Highest and Best I•se tart e Subject Properties. Land use regulations which address land use chances should be written so as to accommodate the highest and best use as&rennitted by the property owner. The term"highest and best use"is defined as "the!use.from;unong reason:.l:ly probable and lent.oitcrnalive uses.found to be physically possible.aonroariatciv supported.liU:utcially feasible.that results in highest land value . . ." F. Economic Prosperity Lind use policies should facilitate and compliment a diverse eco:tomic Prosperity and harmonize with associated, growth. Another imnort:utt part of the General Provisions is in the Section entitled"Planning Process." This Section deals with the interaction of the County. other agencies of the Federal. State. and Loral governments. citizens interested in laud use matters.and the amnlicant proposing a land use change on a nronerty in which they have an interest. To ensure the highest level of courtesy.heh.rlulness.and professionalism between all parties.the Coturty will rely on the following live principles in Processing any land use !natter~ I. Time County will encourage citizen fFu•tit•ipaliort itt the planning process; 2. "lime c:outtty will encourage 111(1 Promote coordination and cc,oner:uicnt between Federal. State. anti local _neruneut entitles cbar_ed•v'itlt making decisions .t lrici: :_ttiiic:.tidy;:Ilcrt!and uses ur uuiu('m-p tared Weld 3. The County will discourage inannrntniate devclonment in natural hazard areas and reduce environmental degradation as much as Possible. 4. The County will rely anon referral I.CSIX hues from professionals in.making t econnneudatiolrs on land use ^ aniicauons. .5. The County will cooncmte with the annlicant to achieve the obicctives oldie annlicant while ensuring the health and safety of County residents. • • ARTICLE II LAND I.ISE CATEGORIFS: This Article lists land use categories such as Agriculture.Industrial.Conunercial,Residential and Mixed Use.and it includes a variety of Goals and Policies associated with each cats orv. Please note that there is no nrtoiitizntion of the Goals and Policies. Each is enually weiehied. Also discussed in this Article are the towns and cities in the county and their relatiotishins with each other and. oiu•ticularly. their relationshin with Weld County. "l'hc interaction between the iunsdictions and nrooerty owners is also addressee€. assuring land owners will be included in community. regional and county Planning. The cootleiative efforts of these difkrinx ituisdictions are essential to coonlinatinC growth in all areas of the county,and the methods of defining the roles and resixiusibilitics preach early are identified in this Article. The 1-•_tai Mixed I'se Development Area NI 7D)is also addressed in this Article with Goals awl Policies snecilic to dui;aura int ludo!. The first two sections of the Article arse'Existing land I use and Future Land I!se. Presently.Weld County is exnetiencine rani('growth in die southern and western Harts of the count'.. Most nl'Ihic!moiled)is associated with aeeressive extxulsions nl' towns in the Couun•. "1'he eastern and northern musts of the county are g'r'owing at a more moderate Pace. and many . cotrrnutnities in these nets oldie county are exnetiencingdillicult economic times. 'l'lrese factor:s,and others.combine to cre:ate a conflict between die desire to sun union:uniculture and the economic nressltres on landowners to sell or detc:ior their agricultural lands. Sunnortinu agriculture will continue to be a significant coal of Weld County, hut it is recoinniired that the cotn•ct:sion of agricultural lands to()Uteruses will continue. `11re Patten':utcl(nudity of growth in the figure will be Entitled by the WC('P. By following the Guiding Priucinles and annlyine the Goals and Policies(Witte Plan.the future land uses in Weld County_ will result in: 1. I..t•rbar growth occurring whene it is anpromiate. • 2. Development outside of inunic'itrrlities will occur only at the intensity that can be sunnottecl.. 3. Ar iculiure will be supported and will continue as a Inainst:n of the County. 4. All future land uses will be considered with an eve on nuality. As described above. there are several land use categories with each cate,ory having associated Goals and Policies. The fiillowine is a stumnary of each category: Agriculture: The importance of agriculture in Weld County is recognized,and slmnorting agriculture is an important obiecrive of the county. Agricultural Goal 1 stales: 'Conserve land ti,r anriculturil ourooses which foster the economic health and continuance of agriculture." This Goal is achievable by insutuunL At'rirtlllnrnl Zoning on most of the undeveloped lands in the county. Such zoning rrrovides areas for aentcniture and related activities bycontinunwa minimum Parcel size of S0 acres in the Agricultural Zone 1)istrici. Conversion ofa•Rirttlltiral!ands to urban uses will be considered.but only iii the areas in or existing muni'ittalitlei rte iii tiler areas :t-t:cu such as rr'.'.Ci. satulau't'et''ve'. ::t::'. :It'., .nisi ailet:•tal<' 'C:"te'e's slid) :a. tire Prniet'IIUII.ncrlice. :i'llcutti.,:tc.. i'C at:nL':I It. r .I;itli11111 „nu:al;iiiiilt'.tf !:;no i I±'I''_ritl:tl:r, ilc-•'•ii .eel 6 Conversion of agricultural lands to non-urban uses will be accommodated only in areas that can suntxnt such development with adequate facilities and services. This allows low(tensity and low intensity development to oc'c'ur where appronnate. [t also('nco uraees techniones and incentives such as clustenn_z.restrictive easements.intildimt envelopes anti setbacks to be used to both minimize the impacts ou surrounding nronerries.as well as conserve lands I'<)r atnicultund production. Supporting agriculture will include nrotectuur agricultural uses by rec'oemiring the"right to tarn]" and making significant efforts toinfonn residents of the c':i tins about agricultuialoperations. hu-therniore.water and water rights are addressed in this section,reinforcing the importance of renter:mil iniwation facilities itt the aunicultural economy. It is important r(> renumber that state law governs and administers all niter lielals and water rules.. Industrial: Industrial development that is not directly related to agriculture is intended to be located inside mtuucnnalities or in areas that ran support the activity with adeuttate Services:uid facilities. Industrial development is encouraged because of the economic benefits associated with it.but it is necessary to locate industrial uses apnronriately to assure that impacts arc addressed. Industrial uses a-directly related to agriculture may be accommodated dated in agricultural:areas; Commercial: (;chin commercial uses will be encouraged when located inside urban areas or where suntxM for such uses can he aelneved. NI ideation of the impacts of commercial uses is essential to asstue contnatibilitvvtith surrounding land uses and t avoid undesirable conflicts. Commercial uses directly related to agriculture was he accommodated in agricultural areas, Residential: Residential development is classified in two categories.urban scale development and non-urban scale devcloptnern; urban Scale Development/Definition: Develonmcnts with an overall gross density exceeding one(t) unit per acre that are located in close proximity to existing • Pt il)s. subdivisions. municipal hound:uies. urban growth corridors and boundaries. or can be served lw adeltua!e infrastructure.utilities and urban services. All I rhan Scala? Developments shall nave the internal road systems of the deyelootnetits. I':rbari Scale Develonment rectuires utilities and services mull as central water.sewer systems.ro:ltl networks, narks and recreation facilities and programs,and storm drainage; I1t'ban scale development is to be located inside municipal boundaries or in areas where appropriate:services and facilities. are nl>tainable. Non I':rban Scale Devclontnent/Definition:_ Dove lonntents with a minitntun overall gross density less than one(1)lo:ncr acre contnrisecl of residential lots. Mini-urban :wile development shall may also include land used.or capable of being used. €i)r a>triculturat production and includes developments which combine clustered residential uses and airricultuunl uses in a tinuuler that the agricultural lands arc suitable for farming and ranching onerations for the nest forty(40)'cars.. Non urban scale development on public water and public sewer shall have a minimum lot size of one (l)acre and a maximum overall gross density of l.5 acres per lot. Developments on public water and sentic systems shall have a minimum kit size of one (1)acre:and a Inaxitruun nverall gross density of 2 v1 acres Der lot. Developments proposing individual wells and septic systems shall have a minimum lot size of 2 I,:,acres Der lot. N,.n-urban scale dcyclontnents may be accin nnodated in orl'er areas if of the col uiv:hut.the density and intensity of any, non-urban kale residential dereiunrneut inn he thoroughly srtirtirized to address the issues 0i.••>ntnauii;liir'.:ivauahiiity. lift acal'tll.lae''t)I infra'i orrice:111(1`Ci'lt'C5. :tilt>at'tS on the n.....trai cilyl:cuimnetlt. fiscal impacts HI the rt>Illity.ou11 dl:er issues ;neenic it.each t linnet. Planning teeiliiii':Ies suca as t'inst:•l".116*.eeunSe_r':tlt)n easements.�'.`a'111n1pHi5..:n'..'ylll Lit' 7 encouraLTCd to laciliitare retaining norticnts of some non-urban scale developments to be used as acttziculiural lands. Mixed Use: Mixed I Tse Develontnents are characterized by a diversity of uses within the boundaries of an area or nude development nronosal. These develonnlents can include uulustnal, commercial, and urban residential uses. and are intended to be located in urban service areas. Planned Unit Devclonment: • The PT 1) section exnresscs the desire of the county to evaluate development proposals in a Process that encourages• flexibility and variety. The various land use cateenlies and the associated rules and renuirements(il'eac•h category will be used to evaluate any land develonmerrt nronosal:but,the mechanism of die PIA)allows variations to the standards to be iru'orporlted into development designs that will itunrove the nuality of the dcvelonmeut. The Pt T) establishes a coonemtiye relationship between landowner and the county annum!services detcartment to Facilitate collaboration,which will result in better development in Weld County. This approach promotes cnlality.rreatitit.innovation and flexibility. The cumulative effect of the Goals:urd Policies described in Article Ii will result in:. Maintainine the prominence ofaericniture in the county, [.ir'banizatiott occurring in and;wound the cities and towns within Weld Count'. 1'mnerty owners rights and respotlsibilities will be balanced. 'Lie oualit•of land uses will remain high. ARTICLE I I I LAND D 1"SF,AMENITIES: • This Article is made un of two areas of discussion: Public Facilities and Services.and Tr-ansnott;uion. Public Facilities and Services: Public facilities and services include such things as lire nrotectiou,law enforcement.water.sewer.roadways,schools.narks awl unen snare.and other facilities and services. Any nronosal to change land uses will recptire an ex:unination or the than=and how it is irrlluenced by or influences these facilities and services. bevelonmctlt will be reunited to alien itself to the a deuuacy of facilities and seri'ires. 'l`rutsnottation: Transportation includes discussions about the county road system.road classifications.pedestrian and bicycle oaths,scenic road byways.regional transnorlation Planning..air transportation and rail trulsnortatinn. The Goals and Policies. oftitese sections promote efficient and multi-modal transom-ninon Hurt is sized and designed aonrotrriate to the uses. Again.any Proposed land use changes will be required to address the impacts on transportation drat may occur because of the ch:une. ARTICLE IV ENVIRONMENTAL RES()I cRC.hS: 'llris Article deals with air nuality,triter nuality.noise and waste. 'llcc•intp:u'rs from nronosed land uses on::ir,water,noise. waste and public nwatt!: 'Atonic( be considered. -f'lle tut cut is to maintain or improve these environmental lesonrc,s to nt•cycn; itsu•m�o iii. .'.iealth and .^.por.c:rte. [:: 'it •'• ••_'crt. .;I•c.twirn:'.mental resources include!: various („!als and f),''lic'!i`4 "`:I sine 'ire inn-Ion: et! 3 • • managing and conser inr the resource as well as what mechanisms will,hr emnloved 1w the county to do so. Each category has standards established by Federal.State and Cowty rceulatiotrs which rectuire evaluation 1w the Department of Public Health. ARTICLE V NATURAL RESOURCES: This article discusses wildlife.onen space.commercial and mineral cIe_nosits.al?d oil and gas deposits._ Wildhk: Tl►e county recognizes that wildlife is an important contributor to the economic health and quality of life in Weld County., Therefore.evaluating.and mitigating!he impacts on critical ecosystems components.including wetlands.siimilicaitt wmlili:lc habitats.rnieration corridors.and the existing wildlife is an essential element of land use decisions. The Goals and Policies of thi, .;ectioli reinthrce the relationship between uronerty owners.the county and the Colorado Division of Wildlife to minnow.wildlife friendly land uses in Weld County., Open Space: 'f"1 to .,ntral theme of the county's open space Goals:uid Policies is to minimize conflicts between areas for open space and . development. It is acknowledged in this section that much of the onen.uiulevelo:red land in\'Veld County is Privately oohed and.:is such.is not_'uaratltee(1 to remain undeveloped. However.if develonlneni occurs.open space.parks:wclior t renrcation will he provided to enhance the nualitr of life and enjoyment of the enviromnent. Issues such as which lands should be protected from develoomentt what lands are most sinkable for open space:how interconnection amen space lands.both ntcl>lic and private should be encouraged:compensation for public mien space on private lands;nOXious weed control:and.the encourartenment of trails are also addressed in this section., r-� Commercial:mcl Mineral Deposits: This section nertains to mining-in Weld County. Generally.there are two lures of mining,operations in the county,coal nulling and aravcl mining. The State of Colorado and the Feder]] Government are the Primary regulator: entities overseeing these mining activities. Wekl Cotuily will co01>etate with these_ ;iecncies and the mining operator to striVe to conserve the laud.protect the habitat of fish and wildlife.mint/ate the impact,on sunounuling properties.address marine. issues and properly reclaim mined areas. Oil and Gas Deposits: As with mineral deposits,oil and gas are nritnarily r•erulated by suite and federal agencies. The county expects oil and gas exploration ail production to be conducted in a manner which minimizes interference with existing surface uses and, mitigates the imnacts to present and future l;uul uses., APPENDIX: The Appendix contains mans.charts and other data relevant to the nlan. It also includes"Weld Countv's Right to Far", statement. some definitions. a discussion about the tax limitations of the county, and the sources used to develon the W'CC l'. 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 1987 and 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 cane 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 Z;iing 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 deeming 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 Conmrclnensive Plan was originally written in 1974 and has been revised and updated several times. A committee made no of Weld County citizens with diverse backerou nds completed the most recent update in. 2001. The lbllowine guiding principles were clevelonel as a famd;Mon for land use policy. A. Private Fri nerty Rights One ()II is basic nriucitles upon which!h+" I much "2,1:11('s a:.s I;mink( :md !-ontinues (O t ,e:cr e is lie ruin For, citizen,to ann anal utilize their nrorertV. i roue property r viits ate not mtlinutc,i nsinu iwt ruhcr ticius bahuu cd ,cidn i'. _ nous]ol1a of emir , ir. ... :uuuuuv Le.u,u uul .,�i•o. i is We eon! ,,f the C. nu rdielO:e Plant . c:ure,s Inc nee.-• .nul sieiup,Or :threeH iu_craw[/. chile nrntc, nar;udiritiu t ,ront,!.n. rights._ 1 13. Rcsnec•t for our Agricultural Heritage Weld County has an agricultural heritage.as reflected by its ranking as one oldie richest agricultural producing- counties in the nation. Land use changes are occurring and agricultural zoned land is being changed to accommodate residential.commercial and industrial develonmetrt. As these new land uses evolve.it is unnortart that the established acnici.ltunl businesses and associated infrastructures arc allowed to continue to operate., Individuals that move into these areas must realize that they will experience conditions and services unlike an urban setting mid must be willing to accent this lifestyle. Weld County's "Right to Farm" can be found in Appendix 22-E. C. Fairness in the Land t'se Change Procedure Weld County has established various regulations for the nrocess of land use change. This process must he fair and enuitable to all parties in the following wars: 1. It is a timely Process. 2. It is au open process to facilitate nublic information and input: S. It nrotides omen communication through the develop mtnr review process to neighbors and communities most impacted br proposed changes, 4. It maintains consistent renuirements counted with flexibiltywithin the imnlementatiom criteria. 1. It allows easy access to iiilomi atiorr about the process so affected parties may be adenuatelc educated., 6. It has an established anneal nmcess. 7. It allows for anon-will when all written criteria of the land use regulations are met.and should not lie denied solely on the basis of nublic sentiment. 1). Recognition of Weld Countv's Diversity Weld County's 4000 sntcare mile area is diverse r_�eogrnnhically. socially and economically- Land use chancres therefore must aflhrl flexibility based on tire snerific location and the airier.tlarcurum.uurcesencountered 1%itlrul this locality. It is also important to weigh the cumulative i.rrwarts that>necilic•land use chances will have. E. Regulations Addressing Land Use Chances Should Facilitate the Achievement of the Highest and Best[tse for the Stnbiert.Promotes. Laird rise regulations which address land use chintzes should he written so:Ls to accommodate the highest and hest use as determined by the nronerty owner. The term"highest and hest use"is defined as "the use.from among reasonably probable and legal alternative uses.fount'to be Physically possible,appropriately surnamed.financially feasible.that results in highest land value .. .' F. Economic Prosperity Land ncl use policies should facilitate and compliment a diverse economic nrosnerity and harmonize with associated nr6 treat _. Sec.22-1-40. Principal plan components. A. Goals and policies are the two (2) principal components of this Chapter. The goals are expressed as written statements and represent the direction County citizens have selected for the future. Goals were developed and adopted with input from the public,civic organizations,municipalities and agencies of the State and the federal government. The adopted goals of this Chapter provide public oil:cials 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 arc on tie 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 Department of Planning Services staff, Board of Adjustment, Planning Commission and Board of County Commissioners are the four(4)groups responsible for making planning decisions in the County. Chapters 19,22, 23,24,26 and 27 of this Code,are the essential documents describing the planning review and decision-making process. B. The Department of Planning Services welcomes the opportunity to discuss the planning process with interested persons. Most initial discussions and incniries 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 die 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 Commissions recommendation is then forwarded to die Board of County Commissioners. In a public meeting,the Board of County Commissioners reviews the Planning Commissions recommendation,evaluates any public testimony and makes a decision regarding the use by special review application. D. This Chapter and Chapters 19, 23, 24, 26 and 27 of this Code enable the public to examine the relationship between general land use planning goals and specific policies and regulations to participate in the decision-making process. The planning process combines the interaction of elected officials, and the support staff from the Department of Planning Services and other County departments. E. In order to ensure joint cooperation between citizens and professionals,the County will rely upon the following five (5) principles: 1. The County will encourage citizen participation in the planning process. 2. The County will encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which significantly affect land uses in unincorporated Weld County. 3. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as much as possible. 4. The County will rely noon referral responses from Professionals in makinerecommendations on land use applications. Thin Cowi:v cviil rnopeate with the applicant to achieve Ile oliectives of rlie applicant chile i'asinine the he:dlh and safety f Col it maxi:cis. 13 Sec. 22-1-(i0. 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 November or May March or Sentember 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 October 1 or April 1 Febnrtn• 1 or AuLn t t l 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. r. b. A statement describing how the proposed amendment will be consistent with existing and future goals, policies and needs of the County. 4. In the case of an amendment to the 1-25 Mixed Use Development Area Map,the proposed amendment must: a. Demonstrate the proposed amendment inclusion into the Mixed Use Development Area man or modification to the existinz land use classification as outlined on the klixed 1'se Development Area man. is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map. b. Describe how the proposed amendment will not place a burden address the impact.up on existing or I 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,suck as schools,of the proposed population. d. Submit a deed or legal instrument to the Department of Planning Services identifying their interest in the property. e. All significant developments within the MID area shall be required to prepare a preliminary traffic :moact :naiy:sis. Au tratlic analysts inforn:;:tion ,m.i renorts si:ail be precareci 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) Anv reasonable additional Aeklitional information required by the Department of Public Works or I Planning Services. 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 die newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10)days prior to the hearing. d. Arrange for a press release regarding the proposed amendment in order to inform as many County citizens and interested parties as possible. e. Prepare a recommendation for consideration by the Planning Commission. ti. The planning staffs recommendation shall consider whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals, policies and needs of the County. 7. In the case of an amendment to the I-25 Mixed Use Development Area Map: a. The nronosecl iuneudment inclusion into the Mixed Use Develonmun Area than or moditirttion to the existing-land use classification as outlined on the Mixed 1.1Se Development Area man.is adiacent to ant Will ieuous with the existin_ 1-2.5 Mixed 1"se Devclooinent. .Area Man. The proposed amendment is adjacent to the existing 125 Mixed Use Development Area Map; b. The proposed amendment will not-pace-a-hunlen address i he smart on place a burden upon existing or planned service capabilities including,but not limited to,all utilities infrastructure and transportation systems, and; 15 c. The proposed number of new residents will be adequately served by the social/cultural amenities such as schook of the conumtunity. 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' I 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 I-25 Mixed Use Development Area Map: a. The nronosed amendment inclusion into the Mixed I'se I)evelonnscitt:\rea loan or modification to the existing land use classification as outlined on the Mixed I"se Develonntcut Area man.is adjacent k aril. conti•utous with the existing 1-25 Mixed f'se Devdonnrr.nt \rea Man.The proposed amendment is adjacent to the existing 125 Mixed Use Development Area Map; b. The proposed amendment will not place a burden address the impact up on place a burden upon existing or planned service capabilities including, but not limited to all utilities, infrastructure and transportation systems; c. The proposed number of new residents will be adequately served by the social/cultural amenities such as schools of the community. 1 l. The Board of County Commissioners shall receive the Planning Commission recommendation and planning staff recommendation at a public meeting. Receipt of the recommendation shall constitute the first reading of the Comprehensive Plan ordinance. The second reading of the ordinance shall take place not more than sixty (60) days after receipt of the Planning Commission's recommendation. The Board of County Commissioners may then proceed to a third and final hearing of the Comprehensive Plan ordinance.At the close of the public hearing, the Board of County Commissioners may amend the Comprehensive Plan according to the procedures established in Section 3-14 of the Home Rule Charter. 12. 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. 1.3. In the case of an amendment to the 1-25 Mixed Use Development Area Map: a. The nrot>r>.ed amendment inclusion into the Mixed I'se Development Area manor MCA Iiiic:uion to the existirt_r limit rise i la silication as•aulitted:,n the Mixed I.•'r•Devefot nnettt.\rca man.is.rcliat c:a to and contieto us with the .rstine 1-_',i Mixed Ise Dc,••roriuzcut .\tea 'fan. The proposed amendment is adjacent to the existing i-25 Mixed t'.,e Development-Area-Man; b. e rronosec amendment will not puce a burden addle... the nrtprct tie �,ir otaCe a burden upon 16 r••� existing or planned service capabilities including, but not limited to all utilities, infrastructure and transportation systems; r. C. The proposed number of new residents will be adequately served by the social/cultural amenities,such as schools,of the community. See +a 1 60. 'r 7' a 1...._.:..._,.,._...:.le._.,. n 1 . .r -- le to operate Weld Counts'_0ccttunent. The county Hnnie Rule CIt:urtcr:wet-the-stalls rV II( II and C :ii+,ehernmendrne+Hsunlit thy-. nnumofta,_t•.ncrat 1 1 1 . n . 1 each year. - - Veld C-unity ado+ticd the Home Rule. Charter in 1975.Whirl,. 1-+nie: i1 src t.c ill' -- 'n lads nds- , ' kmitation man be rireunnentcd if the Counn C xutcil Teems i .._ -:71 non:all mt reared null let There are. :only rcenLuious the County C ;Unlil at .' 11 .. ;!1 2:71- _ .1 --- .-the Glutv Ctu+u-t14ails<,r relives to art.or __.., d.• -'n 1_..•t..'viand its atnherivatic-+t-the_mes .. _:a' .•sr the mill le.:.. 1.e. 'a..anted to thert+s+lillat-1.. elcrtors or the county at a ecucral or spe''ial ciccti: u_ 144 awe as'I''111 ......_•.xlnlent operate: somewhat like the roue,':+-r._:2e. p"1'-'Charter in that it limits the amount. er increase in ouaueIty tax reve++ue (cln 'na . T1_s nn 1 :wxvaknat+-1i+u+taticna 1s 1.:. L "!...-12:01 or e}}nai+t'ual be.,vote :af Ilie u-otL. The ;t Call p her .1n endinc_l _ _`.:_-he.. I)'.2 Ainnnela.,e,.- t'tahnlized th 1 v.' - -, ial assess! value iu the ratan statewide r.roeerty tax:-hi-tae at-4 'wozinatel} lilts Fry '1 1. Pei,-o .-1PT?. 'Ire slimy of residential 1.4-44 011V.1:':...!..:.C.!';,1v_CC "'+tuLIC(nrtotal rtatewt le 1S.c::e' ;Uhl"; ':r'LC:: {-rectal-ma _-1. 1Y will o4 rlus....tnl3di aMH+F+a4-f11e-I{atide- n'I lFUC Or;11,4, -Ffy tax nateru1k< k 1RE FIS-o,rth4nIt-toffy-llve (l;-'+«.-h is still-ell-!one-fat, laa'dan to'Irl-nenr.sr ncnka-Awn I: iu'1ie-State 'Ike Slue-lxwsfuure !:1: . - _..._:. 4e Barb vc.+-44-k residential inane I ... :mt._ .:. ._. :a++>✓ --witli theca aarlie inendinett. The rate-for t41e-2' -4 ev ':eta' cu, 'l 15'7'. ft.,. (‘E-4+a+ :: ": '" 5 1;:-;.:;',4C.-14"1:-a:;c('I (he C iliacher Amendment in 1114122. r Circa the hurts tint NVeld Con Its is lirnik:it in the amount of to re. 'sa++ t ." ,- "'-` sauna.ion::: .. 1. Thi: Ulna:1644H provides the iare++tivc rot a more eReeieutly tw.uruted covern-an4n, 2. New residential _rcxrth doe,.-not inn tor-t+se[I-bs--tLc :untwtual- rt=lav resarnue-eollccted-+u comoatww+i-+et die int-rex etl racilities amid scn34es ret,uircd.. 7 2F 82 i l n'f/:..1.en rho i-Tome Rule CI».s4..ui udapt�... _ 1 fT 1 I' 1 t C 1 I '] ._r«l.,II,....e❑..1.. /1....+ inflation and influx of new residents into the County. 17 r-- collections at forty five percent(15%),the tax burden has been shifted to all nonresidential property owners in the State. In 1991,the tax bill for residential property owners in Colorado was more than two hundred twenty three million dollars ($223,000,000.00) lower than it would have beers had the original Gallagher provisions (which ... assessed residential property at a twenty one percent rate) remained unchanged since 1983.From 1987 through 1991, the cumulative reduction was almost seven hundred fifty million dollars($750,000.000.00). E. Crowdh simply will not keep pace with a government's inflation adjusted spending limit that is also part of Amendment 1. The ability of governments to adjust the property tax rate(the mill levy) to generate the revenue needed to pay for the higher cost of government services was eliminated with the passage of 1992's Amendment 1. F. In order to comply with the Gallagher Amendment provisions of the 1982 Amendment 1,each reassessment year the Legislature must establish an assessment rate for residential property that will be used by taxing entities statewide, The rate for the 1991 tax year was twelve and eighty six hundredths percent (12.86%)rdown from �,,,enty .ne per nt(21%)prior to.her.,., v n ll rate for dn.. _r00-1 tax year was nine and lift.eis hundredths Dent n ' _"` to vn -, _ -.,,-:21 4,) trier to the nassaeea{C rflaclaef C. The net effect of Gallagher is areas having high proportions of residential assessed value as a percent of their total property tax base will have large assessed value declines if the average increase in actual residential values does not keep pace with the decline in the residential assessment ratio. For example,as the statewide residential assessment ratio declined from fourteen and thirty four hundredths percent (1'1.31%) to twelve and eighty six n • _ease • _dual re•ide�ti t aloe• .�"ntv me ncrer,t nine and ids andataidtsBdt}hs netrent In h inn!...:.I !;strict or tt>U,ity had h exre' • •_'__ .7 'vth Der"etnt t7.4' J rota' ,sc its acurd r c.idautial''ah Lct(all else remaining equal)in order for total assessed value,and therefore revenue,to remain unchanged. H. The background information presented on the Home Rule Charter and its tax levy limitation and the state TABOR and Gallagher Amendments helps to explain the critically importantrelationship between die Home Rule Charter,state tax limitations,this Chapter and growth in the County. I. The County's ability to provide services under the existing budget limitations is significantly decreased by the available to counties under TABOR is to end subsidies to mandated programs,such as Social Services to provide . co-fo:m clecti:'n o4 the taeomk its raise the tax and tevc-tic limits'1E4444in+4e-the-T\B(vR-Burrs:'2441irekr. Pt'litis2I . :!:c!:!. .-1.tftks votcnavais4nc or elinnivatine the'1'.',B(1Rlinuee is not-stood,J. The current economic,legislative and growth conditions are not conducive to meeting all the needs and demands being placed upon local government when the combined rate of inflation and growth are greater than the Home Rule Charter's five percent tax limitation or limits allowed by TABOR. As long as the County is responsible for the delivery of human services,including law enforcement and the maintenance of tine extensive road and bridge program, the cost of County government will continue to increase. K. Because of the above economic and legislative factors,County representatives should make consistent decisions minimizing the cost of providing public services directing new growth to areas where County services exist or can be developed efficiently. The County still intends to help support and promote a diversified and stable economy. Civen the facts about the County's limitations to generate revenue for providing facilities and crvices to new development, growth cannot pay for itself-to-the extent it does in other counties, especially residential growth. 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-.,1 Delantare. The County is bounded on die 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 a-4999 20011 Census population of 60,454 76.930 people. The population for the City of Greeley increased 30%between 1990 and 20110 (60,656 in 1990). See Figure 22.1 b-lovo- B. The transportation in the County is provided by Interstate 1-25 and Highway 85 for north and south transit, Highway 14 and Highway 52 for east and west transit, Interstate 76 for more easterly travel, and the several Colorado highways which traverse the region,as well as 3,274.5 3.151.55 miles of publicly maintained County roads. The hirluwac and road system in the County is managed. in pan. by the Colorado State Hit away Department. the County an'I the thirty-one (31) municipalities within die County. The County's road system presently consists of six hundred sixty-live (4565) miles of payed roads and two thousand four hundred ninety (2.490) miles of navel roads. In addition. there are cur-rink thin-hundred eiainty-sewn ((37) miles of slate highway system and several hundred miles of municipal roads. Figure 22.1. Location/Map • dA17 o-"71 1C-496 • 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: die South Platte,die 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 [anon. Located in the interior of the North American continent, the County I 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 average mean temperature in the County is 18.1 degrees Fahrenheit—The average teinperat ure for the month oflanuan°is dD iie_rees l'hlueulncit. 'lire rtcei,c!em: clsture fir!he month t1 hay is '!ndear Les Hint-flitch The average rainfall amount is1-1-D6Ia''inches and the avenge ;unreal snow fail is 3, k:',27 inches. The average growing seasefFro he County i; 112 days. The last day of Spring frost(32 degrees Fahrenheit) is May 11. The first day of Fall frost. 32 degrees Fahrenheit)is Seprember 30. The average growing season in the County is 143 days. 19 Sec. 22-1-80. County population. A. Beeaase 4le-The population growth rate has been approximately twenty-five percent(25%)per decade,which is more than triple the national average. Between 1990 and 2000. the population increased thirty-seven percent (37%). will t rnr. It to ..ustain a,:.. ,ype ,.r »ti ^.t.finitely Approximately eighty live percent (85%) secenu--tluee Percent(73%)of the population is located in an eight-hundred-square-mile area in the southwestern part of the County. The-1994 2000 population density for this area is approximately one hundred forty nine(1 19) fifty-nine (159) people per square mile.The population density of this area increased seven percent (7%) nom 1990 to 2000. B. In 1990,131,321 2000. 180.936 people lived in the County,which represented four and two tend is percent(4.2%) of the total state population in -101)0-2000. The median age of County residents in 1990 2000 was itairty and nine- tenths one half(30.5) (30.9)years compared with the state median age of thirty-four and I hree-tentlu(3-4.31 dirty two and one half(32.5)years. The gender distribution ratio was similar for both the County and the State for this time flame(Table 20.1). 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 4-990 population in 2000 was mostly homogeneous with seventy-seven percent (74 7096) of the County population classified as white. not of Hisnanir or Latino origin. `1-+weniv=seven percent (27%) of die County population classified as persons o1-Hispanic or Lawn,eosin. The Census 2000 was the lift sear in which respondents could select multiple-rape categories. Mitt to Anpeudi.x 22-A for information rep„trding these cificitories. . period. A firth , t I .t. .-..e o f t end ^ .,..,t one ,,,...t, ^,,..cent (29.1%). Both the Hispanic and Asian/Pacific Islander populations grew at a twelve percent annual growth tate. D. Among all sixty-three (63) counties in Colorado, Weld County tanks eighth 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. E. State grew at a rate of fourteen percent (11%). For this same period of time,the County grew by six and eight tenths percent(6.8%). During this time,all but two(2)mutt•' t' . t y Most of the present growth in die County is occurring in the historically populated areas of the County. From t 980 tone vrr t t r r t, t n>, t, n t, I. t ^ the e•at The significance oldie Cunuro's nonulnion msxvtlt is its rat mintde:and distribution. Between 1990 and 21)00 the State grew at a rate of tlunv and six-tenths percent(30.6). For this same period of tinne.the County grew by Dirtily-seven percent (27%).and the union by thirteen and one-tenths percent (13.1). F. Population growth in the County is projected to average a compounded growth rate of one and nine tenths percent (1.9%)three mid sixicuri mndredtl>_s percent(3.16%)a year through 201-0 2020. This growth rate is slightly higher nearby double than the annual compounded growth rate of a one and sixty-one hundredths percent(1.659(4(1.61%) projected for the State. G. A review of the historical and future projections of the population growth in the County reveals a steady increase in the total population every decade from 1900 to ?000}0.except 1930 to 19dv. The population density per square mile increased from four(-4) people in 1900 to drat-two(32)forty-the anti three-tenths ( 1.1.31 people in -W-99 200o and is projected by the Colorado Division of Local Government to increase to over font--two (12) ,_siuv-.h, Rr;, oeopte per square mug by '0-u3_'U. ` • .«. t .. :.ts -'_- 20 "1, 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,die County median household size of 2.7 followed state trends. The County 1990 overall median household size of 2.8 grew slightly;however, die owner-household size deceased 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 die 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 and 22 E 22-13.22-C nul 22-D for existing I 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 titan the transition in the economic base away from agriculture and natural resource extraction toward au economic base relying more on manufacturing and senices than agricultural. nn r 109 c t t rcator� r nor r, r >, ea le:..,....._..,. :.. • ,- Mining Fire Trade Manufacturing ae_.i_es Coventment . . _ 7 ..nt. :9U'l) it r Employment by Sector, 1991. (Note to Plannine Staff: There was an E. in the old section 22-1-100. that is not shown here as eliminated). ARTICLE II Land Use Categories Sec.22 1 110. 22-2-10. Existing land use. A. The way land is presently used is a 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 die begriming of settlement in the County, economic activities have centered on agicult u'e. Trade centers were established to provide goods and services to those engaged in fanning activities. Transportation routes and facilities were developed to move goods and pet r f .n. -nomic development B. Increases in urban type uses will bring about decreases in die land area dedicated for fumland.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 $tcu rest!.5') rrovkle__prices t^disnersed de-elements. C. Throughout the history of the County,re and economic gowrh required the development of previously ,.-,.....nn will require continued urban la r " "i ." ...:"• require the con County is to,when possible, minimize the impact of-4e• r n cal n_^'r A. Over the last decade.Weld County has been exnerienciug a eariew of growth patterns. Generally, in the northern and eastern regions of the County,there has been little ol-slow srowth. in die southern and western portions of the Col Inty.narticuladv in the ron-idoraloue and between I-95 and Hielm^n h i, growth has been very rapid. Most of this growth is associated with aggressive annexations by smaller towns, reaching out to the highways to canuare notential commercial and industrial users. winch will boost their tax bases. A good part of the residential growth is from people seeking more all(wdable housing and a smaller town emironmcnt. even though they commute to the- .-� employment centers:wound the Denver/Boulder Metro area. Ir 'hc umtto.rnotated areas of weld County.sonic large lot development has occurred in the growth corridor. as well as in the other areas of the County, offering a - different product for those who want a more viral lifestyle and a less e-oo-ic.l place to live. B. Even with the localized rapid gnrowth of the recent oast.atnicultural l Ind use is the primal-viand use in the County. Coincic lenrdly. die areas of moll ietensc -:-r ninth pressures are the sane areas that have the best irrigated farmlands. Concurrent with these farts is a weak aerieulture economy that makes ii attractive to many landowners m sell belt property for development.. C. These factors,and others,all combine to create a conflict between the desire to supmort agriculture and the temugine nressures on the landowners to develop their agneulnnal lands. As the economy 4 ilColorado coutirmes to aduotce. it is likely that the onversion of agricultural lands to uyarr o-banizert uses will also continua Sec. 22 1 120 22-2-20. Future land use. A. Through the comprehensive planning process,all types of costs associated with development(including economic and environmental)can be reviewed. An urbanisation pattern created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long term desirability. Without preparation for future land use pattern:, 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 ities fa '' 7landowners This rt,.. 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 die County. _ . • • • • aeti*ities. • �. ti • ed a A. It is expected that die pattern of crowd,will continue as described in Section 22-2-ID, Existing Land T'ses. Since grotntlr is directly related to the economic conditions of the State, the rate of growth is somewhat variable; but. it is ;u knowledred that nnwasmtgthe uuality and pattern ofegosdt is important to the sustainahilin-of cite ecouomt,as well is the psalm•of Uk for A-Weld Comm;citizens. F. Supporting agriculture will continue to he a sismilicant goal of VV"eld County. 1-Totvever,the pressures to convert agricultural lands to other uses will continue to ehminate more and atom lands from avricuiunal production. Most of these lands will be annexed into municipalities leaving weld County's indsilirtiou lu,sevcr. other lands will remain, L;aril.;,-n dtc :utskirts or-Lx-t seen l- an -sue in the Counts imisdiction and Mac he suitable for devclouurent, althoneli at a less intense scale. Lands further nut and those lands which lie outside of the;wens of growth pressures will most likely remain as oredotuuatci, agricultu rc. Given this future laud use scenario, it is itunpnaut that the, County employ the following smart growth namamment tools_ I. Cooperation shall he encour:mad between aaicniturd operations and development.both urban and nual. This eooperatiou nrunndes the oopocumity to reduce conflicts and competition, and encourages ❑usual appreciation of the vital importance of.both entities, 2. work with the municipalities in the County through Intergovemineut l Agcements and urban growth boundaries to address the quality of developments.particularly in(lie;rers ofltnusition between the municipalities and the County. Emphasis should be placed on infrastructure such as wads.sewer.water,and drainage,etc..so all Parties are aware of the impacts that pray be felt be the County and municipality. Also. the exoursiou of urbanization in and around acricultural land uses cn:ates ta:unv issues tin- the ag-Ltd owner as well as the subdivision resident. It is important that these issues are recognized and addressed, _ 3. Accommodate develonnient()Elands outside or municipalities which nn:‘ include land within urban growth hound:vies if: a. The impacts of such development arc adeuuately addressed:. b. The infrastructure is capable of handling the intensity of the develoPmens: a•. "the patient it development is crnnp:nible Willi the region, Vail irrtge dhc Huse r.:uiou ,isle u.lwra !:nuts tXc.l .is 1,1071111C1111 er. ,,huhic "ve s t. . ti er_ rtrai,s =itll;lL rya. CT!C rSIVO •rt anus J!C.; ,in I t iI Irt all "tI cii n� a . RIi'e'.01 .Ici1 •1S. — . a. Open matte acuuisitions h. Conservation easements. c. -Transfer of development rights d. Other tech ninues such as those made by the Agriculture Study Committee. .). Support apiculture by adopting policies and regulations that do not create retaliatory burdens on the auic•ultutal producer. 6. Promote uuality pliuming that is:. a. Sensitive to the surrounding Land uses b. Resnecthil of the natural environment c. Protecting the health.welfare and safety of the citizens of weld County_ cl. Reaonally linked i.e.by roadways anti trails. c. Incorporating progressive pI outing concepts to create an aesthetically pleasing and functionally livable community G. By kullowiwr the Guiding Principles of the Comprehensive Plan and applying the smart growth management tools as described.future hunt uses in Weld Comity will result in:, • 1. Urban growth occurring where it is appropriate 2. Development outside of municipalities will occur only at the intensity that can be sunnorted 3. Apiculture will be supported and will continue as a mainstay of the County. 4. All future land uses will be considered with an eve on(nudity • .5. This approach will not halt the changes that are occurring.but it will allow the citizens to manage these. changes so Weld County will continue to be a In-eat place to live. D. Consideration for the protection of-property values in the various Overlay Districts shall be given to lands lender. development consideration. Consideration of the protection of the life.safety and welfare of the present and future citizens of the County shall he given when lands affected 1w the ♦,pious Overlay Districts are under developtncui consideration. These Overlay Districts include the Airport Overlay District.the Geological 1-lazaid Overlay District and the Hood Plain Overlay District. Hrt.lter definition of these districts are provided in Chanter 23. 1. Areas comprised t)1'limiting site factors contain certain physical elements that obstruct or are hazardous to certain tunes of development. These physical elements include flood plain,critical wildlife habitat areas, mincer recharge.riparian areas.topographical constraints and other similar inhibiting elements. Although. these<itcs contain factors Which limit certain types of-development.these areas are nevertheless usable lip, ainicuttutai Production. recreational activities and narks. or other inactions chat cannot damage or he damaged(by the:•c>nstrainirlg site factors, These areas can also enhance the character of the l'ninconlorued areas ul Ille t:otitliv I>v I)I'witting (Or trails and `ikllile.anti 14)r!he Protection t,f natural resources. ritallata Iidtllais'ciitl natural a::Il1res ossetitial to the Hlelltin. of dies. t'cauillt':Irl::iti. 3 2. Land designated as having litnitine site factors arc nritmuily definetl by the one-hundred-year flood Plain(as defined by FEMA Hood Insurance Rate Mans)which comprises approximately four and thirty-seven hutldredtlls percent(4.37%)of the County land mass. Additional hied containing limiting site factors is located along irrigation -� canals and flitches and adjacent to lakes. To the maximum extent gtacticcl.develoament within areas having limiting site factors shall be located to preserve the liana-al features of the site,to avoid areas of environmental sensitivity.and to minimize['entity impacts and alteration of natural features., 3. Development in the flood plain may be accotnnlished through engineering oitlic site or of the site location, or structure.by eaininct anuruval from FEMA.ruul/or acauisftion of I loud Insurance. 4. For development in the Geological Hazard Area.luldotvners should consult the annrooriate Section of Chanter 23 as well as contact the State Geological Survey, 5. For development in the Airport Overlay Area.landowners should consult the annronriate Section ol'Clsantcr 23 as well as contact the GreelcvAVeld County Airport: Land Use Categories Sec. 29-2-30. Agriculture. A. The State County is one of the most agriculturally productive states counties in the nation. Weld Count': consistently ranks among the top live counties in the nation in terms of'receipts for agricultural products 1w the Census ol•Agn•ic•ulture since 196 t. The County is one of the most productive agricultural counties in the State,and accounts for eighteen percent (18%) live and eighty-seven hundredths percent (5.879i,) of the State's thirty-two million a2,000,000) three million(3,000,000)acres of irrigated farmland land in Iiu•uus. 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!he number of acres devoted to the liu•minu industry since the I 992 Census of Ae17cuhure. Weld County experienced a decrease of ciehi percent. WO.double the Slate's decrease.in loss of:lyres devoted to the farming uulusrn'. The number of fill time halms also decreased nine percent (9''f) from one thousand eight hundred seventy(1.37(1) limns in ►!)92 to one thousand six hundred ninety-eight II.O 81 in 1997. This decrease was clnnhlc-the decrease tviancsced at the State level. The m:u-ke. t value of ain-icultural Products sold in the Comm- increased nine netrcnt (!)%) to more than one billion dollars ($I.2a(i.(i3(i.00 ) in the 1992 to I997 time frame. The overall imnoact of aini-bt.4sniess in Weld County. utcludin g income and gross sales.is;$3.l)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 oldie feed crops are utilized locally by the livestock industry. • For example,most of the corn grown in the area,both silage and grain,is used for feed at commercial feedlots,farm feedlots and dairies. Significant numbers of sheep,swine and turkeys also use the feed crops from the area. A summer fallowing rotation program is practiced on the non-irrigated farmland. Summer fallowing is necessary to store enough moisture for sustained high yields. C. Water is delivered to farmland through some of the largest and most complex reservoir and irrigation ditch systems in the world. The primary system one of a number of influencing systems is the Colorado-Big Thompson project,which makes water available from the State's Western Slope. In addition,shallow and deep wells made possible by the existence of deep broad aquifers are productive sources of irrigation water. The development of these resources and features has made agriculture an important industry in the County since the founding of the Greeley Union Colony in 1870. Sec. 22-`—O u). A4ricultural industry and benefits. A. "T'.ae agricultural industry in the County is a complete farm and food system. This system bens with growing and inisin, term produce :ma ends as a product ready for purchase by cone:timers :titer it has been --cxessed and 4 .-1 transported to the marketplace. B. The following have a role in the County's faun and food system: I. There are approximately three thousand one hundred (3,100) (3.01)0) operators of livestock,poultry, vegetable,fruit,nursery and grain farms located in the County. 2. The more than one third(?)of the County's farmers who listed fanning as their secondary occupation in the 1992 Census of Apiculture Nearly half of the County's farmers listed fanning as their second:1/y occupation according. to the 1997 Census of Agriculture.This figure is higher dim the 1992 Census of Apiculture which identified one-third of die Countys farmers listiuu farurine 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 inigation companies, veterinarians, aerial crop sprayers,farm laborers,commercial lending institutions,insurance and transportation industries. 4. Those who purchase products grown and raised on farms for manufacturing,processing and distribution. Examples of these local industries are meat,egg,dairy and vegetable processing and distributing facilities,and bakeries. 5. Grocery stores and other food retailers. 6. Restaurant and other food catering businesses. H. 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. Croplands in the agricultural district also provide relativeh men bard:cares. This time ,f awn.landscape is deaiuct fern natural open space areas. A principal benefit derived from open space is relief from more intense urban : ,;ricultural lairds Open space buffers help maintain a sense of rural identity and diversity. These lamb buffers also alley:•ccr...1h.;,;.ac.,to maintain separate identities,while presening corn e _ . e r.-...land •r' ... ltural lauals rue-rattyaHrh.owne«l. Public access to these agricultural Late-k - is not iataraeucrod.:dlHav',l. L;ieh-i 14-14-dtMl-kru,'..._ra: a:'.:':;a::!; 'o cwtve+4-pa•litiw+a d .ulnual kru<Is to other lees. thro•-'• ago^.,..-•,aria:: !_._! t-..,.rest E. Aericullunil lands help m:unt:tin a sense of rural identity and diversity, TI ese lands illow commit nil ws to maintain separate identities.at the same tune cmiseniue productive I'MlnLmd. While cror>lands in the aeniculturtl district also provide relatively open landscapes. they are privately ovtmerl. I ndik,' urban omen spate areas, public access to these lands is wit allowed, These lands are not euaevtlec<l to remain traditional am-icultural lands.but can be convened by the individual land owner to other uses Ihrouelt the appropriate laud use process. F. Asa secondary benefit,farmland preservation la n<i helps is;maintain natural systems and natural processes. These IMO:include the preservation or wetlands small watersheds.aquifer re:large areas rood plains and special wildlife habitats. A±94,,-471441,11i-ti '. __. s':ia:: train:-:._..: 5 and du iuld he While farming has the potential to damage sensitive to natural areas and p should be a completely compatible use. Most farming operations are sensitive to these natural systems-and-processes and may even enhance them, Sec.22-2-50. Concerns of farming as an industry. A. Most of the County's first citizens were engaged in farming activities. During this time,it was necessary for farming operations and the community to be in close proximity. Because of these settlement patterns of the County's first citizens,and because these areas have proven attractive as sites for expanding communities,some of the most highly productive agricultural land borders urban population centers. 'As municipalities continue to grow,their expansion encroaches on farm operations. According to(2001 1994)statistics provided by the state demographer,the population in the County is expected to double from 200(t.+2020(2000 uonulatiou of 181.931 to 2020 r+roit:ctetl pontdation of 3 L77.1),grow fifteen and seven tenths percent(15.796)from 1990 to 2000,indicating that the competition for land and water will continue. L 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 location of highway and infrastructure U)service the develonnue it.are examples of uses which have a powerful impact on whether or not agricultural land will be converted to other uses. J. Roth perceived and real c:oullicts between agricultural uses and non-agricultural uses can impact the agricultural inch usur•. .A,ricultur:d operations want uotr-:esancuhuual uses to recowu%e normal agricultut:d practices in their area.and in null.rlre asnicuhur:d uses will rccugrtizc the non-agricultural. Residents of Weld County should be encouraged to read and understand the intent of the adopted Right to Farm. Tension between farming and non-farming uses is occurring from restrictions on normal farming practices in areas encroached upon by residential,commercial and industrial uses. Many of the problems stem from unrealistic expectations of those seeking a r ural-l.ifestyle4 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. Farmers and developers depend upon the Consistent interpretation and administration of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help at redurtiou 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 tine 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 anoear to be undeveloped oven 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.arrricultw'al practices.and scenic areas or corridors. Land used for agricultural Purposes :s a 1" z:cd as::f t":__ricuitural industry and may eventually be converted to another use. See. 22 2 10.Prime farmland definition. The availability of a consisr_nt si sspi�'?f:!eau water must axist-inorder to have prime '.,rmiand. ?rime and prime if irrigated !ands fall into upper :apaisiiity classes as-defined by the ;'saturai Rasourca t2jnservatton-ervice--Lid University Cooperative Extension Service .:td should .i.;e protected ,.o tally ,.anion water is available and they are located within a reasonable distance of water delivery structures. Sec.22 2 50. Nonprime farmland definition. A. Nonprime farmland is low-capability land that is not eensi'x_d important land for food production. It maybe composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies: and farming activities. These goals and policies also address the County's responsibility to manage,accommodate and ensure that adequate public services are available for residential, commercial and industrial growth which is expected to occur. Sec.22-2-60. Agricultural goals and policies. The following goals and policies are established for agricultural land: A. A.I.Goals and policies. 1. A. Goal 1. Conserve land for agricultural ournpses Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. 2 a.A.Policy 1,1 Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture. '. i•hn out the c f• ibl sidenti l e ial and industrial land„ses The as ailazia/sf z saesistent supply of clean water must exist in order to have prime farmland.Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage,fiber and oilseed crops,and is also available for these uses(the land could be cropland,pastureland,rangeland,forest land needed to economically produce sustained high yields of crops when treated and managed, including water dependable water supply from precipitation or irrigation,a favorable temperature and growing season,acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. Prime farmlands are permeable to they either do not flood frequently or are protected from flooding. (U.S. Department of Agricultural, Soil Conservation Services [Special Series 17]January 1980:-additional supplements). b.A. Policy 1.2. The County should develop creative policies to eresetwe conserve agricultural land. consider various methods of agricultural land includim_preservation techniques and prioritizing incentives. c. A. Policy 1.3. D. A.2 peal and gall2 -Allow commercial and industrial uses which are directly related to, or dependent upon agriculture, to locate within agricultural zoning when the impact to surrounding properties is minimal,and where adequate services and infrastructure are available obtainable.Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production. 2. A. Policy 2. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. Agricultural business and industries are defined as those .vhich arc related to ranching, livestock production. `armine sndaericultural uses. C. A.: zeal and policies. r B. A.2. Goal and policies 1. A.Goal 2 Address-the Conversion of agricultural land to urban-seale_residential, commercial and industrial uses development will be-diseeuraged encouraged considered 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. U be he `' r: ebtainabL.. This goal is intended to promot,_ address conversion of agricultural land to' is in harmony with the phased growth plans of a municipality and the County. It is further:ntc Jt.J-n,minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban-sealeuses. 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 sea-le level. 2.a.A.Policy 2.i. If it is determined that a-public facility,facilities service improvements,or maintenance items are required by a development, the developer land 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: L A. Psiisy 2.2. Information which accurately identifies all users of the infrastructure improvements and maintenance.and 2. A.Policy 2.2. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share.and I A. Policy 2.3. A proposal that identifies the appropriate time that infrastructure improvements and maintenance charges should be applied. d_4.A.Policy 2.1. A municipality's adopted comprehensive plan goals and policies will be considered when an agricultural business is proposed to be located or expand within an urban growth boundary area. C. A.3. Goal and policies A.l hoardili"« 1. A.Goal 3. Provide mechanisms for the division of land which is agriculturally zoned. The intent ofthi., goal should be to maintain and enhance the highest level of agricultural productivity in the County. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity density development. Urban scale residential.commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not obtainable. available, a. A.Policy 3.1. Options for the division ofattriculturallv-zoned land are available in Chanters 23.24. and 27 of this Code. b. A. Policy 3.2.Obtainability lvailabilit ofservices such as electricity.telephone.public water.natural gas. and sewer_sherrif and fire nrorection will determine the intensity of deve - oment allowed. 'f urban .._ .., a`. i#4^=.a".lt I,.-19er•.l 1.' ....0 i,.? c. A. Policy 33 A.Policy 4 Applications for the division of land which is zoned agricultural,shall be reviewed in accordance with all potential impacts of the division on the agricultural community to surrounding properties and referral agencies. The criterion shall include but not be limited to: r I) A. Policy 3_3.1 Soil Classifications. b. A.Policy^.-.l. A icultural productiveness of the site 2) A. Policy 3.3.2 Availability. location and accessibility to existing infrastructure and utilities_ 31. A. Policy.7.32 Ensure safe and adeouate access onto County Roads or State Highways. d. A.Policy 1.-1 A. 2. 2 The level of development associated with the sites 4) A. ?ells.:2.2.1 Consideration Utilization of existing housing. improvements or structures. r A.Policy 3.3.5 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. 3. A. Folic, 2.1.23 cat and qt ilding Envelonc design and placement shall be-me 4e to mitizatc conflict be .veen existing agricultural ases and future non agricultural uses. 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 peliey goal is intended to promote address conversion of agricultural land to non-urban uses. Once converted,this land is less conducive to agricultural production.net 2.a.A.Policy 4.1 Applications for the division of land which is zoned agricultural to rural non-urban uses shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall include but not be limited to: 1) P.. nz'.i:',' A ' , Soil Classifications. 2) A. Policy 1.1.2 Availability. location and accessibility to existing infrastructure and utilities. 31 A. Policy 1.1.3 Ensure safe and adeouate access onto County Roads or State Highways, 4) A. Policy 4.1.4 The level of development associated with the site. 5) A. Policy ^.1.5 Consideration of existing improvements or structures. 6) A. Policy d.l.6 The impacts on services such as fire protection. law enforcement. school districts. etc. E. A.S. Goal and policiesA.5 goal and policies. 9 r I. A. Goal 5. The extraction of mineral minerals and oil and gas resources should conserve preserve the land and Of minimize the impact on prime agricultural land. 2. a. A.Policy 5.1 The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. .. b. 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 ooliciesF. A.6 goal and policy. I. 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 eilsre development.other development uses.The expansion of public facilities and services into will be discouraged. In evaluating a land use application, County representatives and the applicant will consider the public facilities and services goals and policies. 2. a. A. Policy 6.1 The County will encourage developers and utility providers to deliver urban appropriate services prier in conjunction with-te development. 3 b. 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 be aware that ownership of a-parcel-of-land with a well does not guarantee the use of the well, unless fully eatmentod. T ate r - r . - Resources shall be contacted by the applicant. 4. A. Policy 6.3 Applicants for development shall fully disclose the quantity available and source of domestic and non domestic water to service th pr.,pced d v l r..,e.a dt.r:r.g the la..d asc ppk act; . process. G. A.7. Goal and Policies A.7 goal and policy. 1. A.Goal 7. Protect agricultural land uses from encroachment by those urban uses which hinder the operations al efficiency and productivity of the agricultural uses-enterprises. 2.a. A.Policy 7.1 The County recognizes the"right to farm." In order to validate this recopition,the County has established an example covenant statement which should be incorporated on all pertinent land use plats.A copy of this Covenant statement is located in Appendix 22-E of this Chapter. b. A.Policy 7.4-.2. The agricultural landowner is responsible for self regulating and fol lowinu best management practices. c. A. Policy 7.2-3. The county will develop policies to recognize the chaneinu dynamics ofauricultural production. such as the size and scope of these operations. d. A. Policy 7,3,4. Adiacent lands owned or leased bv an agricultural operation will be used in determining allowable animal unit densities. H. A.S. Goal and policy a. Goal S. carer is a rabble resource jn `Veld Counrv. Water rjeit are dePhed b.- rare la-. as real )mourn and ma' _ought anci =md by Hilly._.uais a rrirle, ice nunilations should net t i status as real orooerty. 1. A..Goal 8. Water currently associated with a farm or rural unit of land should be retained for agricultural r eses- a. A.Policy 8.1 Any exportation of water out of a closed basin aquifer is discouraged, 2. A.Policy 8.1 Regulations which discourage the out of basin transfer of water will be incorporated inte County ordinances. b. A Policy 84 2. Land use regulations should not interfere with the transfer of water rights and their associated uses. c. A Policy 8.3 Concerns of irrigation companies shall be addressed through the land use referral process. The placement of fences. structures. and recreational trails.for example. shall he made in consideration of the year-round maintenance and operation of the irrigation practice. This consideration shall be made to mitigate associated hazards. 3. A. Policy 8._ Concerns el4eableirrigation companies shcll b�' e4a4d,'es;�d into the design e f alIsu':iaiT.rs. The placement of fences.structures_and non motorized recreational trail. shalkbe-rnad2 it.csr.siderltion of dor 'oar round maintvnauce and opere i n—e' l.-"i_ation cractiee- 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. large scale management practices existing today. .-� J. A.10. Goal and policies. 1. A.Goal 10. Promoteaoualitvenvironmentwhichisfreeofunsightlymaterials.includingbutnotlimited to. inoperable vehicles. refuse and liner. a. A. Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing satiety and health hazards resulting from. but not limited to.derelict structures. derelict vehicles and non-_ commercial iunkvards b. A. Policy 10.2. Develop programs for cleanup of derelict property. funk and weeds. Sec.22-2-70. Urban development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can more easily be provided,i.e.,to existing municipalities and the 125 Mixed Use Development area. The County recognizes that it is appropriate for its municipalities to plan for growth at their current boundaries and in the surrounding areas. To accomplish this,the County and the municipalities should cooperate in joint planning efforts to achhi_._ a rscistent vision. The urban development section addresses the preservation conservation of agricultural land by encouraging efficient development and discouraging urban sprawl. These goals and policies reflect a basic commitm-r_[1 czsezr'in_ natural and managed-reseta'ces--wniie directinz ,rowth and ennancin6 economic development through efficient use of infrastructure. 11 r'� A. Population and economic growth will create a demand for conversion of land to urban uses. The urban development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can be provided._ �. B. Urban development is characterized by intense commercial areas for retail.offices.services,and other uses that are primarily located along maior roadways, at major intersections. and in commercial parks designed to accommodate these more intense uses. Large areas of pavement for roadways,plazas and parking lots accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing.to manufacturing combined with research and development that is less obtrusive and disruptive to surrounding properties. Usually.the heavier industrial uses are segregated into areas around the perimeter of communities and !inked to major transoortation networks. Light industrial industry and manufacturing may also be at the perimeters,but sometimes integrated inside the community. C. Urban residential development includes high density multi-family proiects.single family residential subdivisions and many variations between these two categories.Typically.the density of urban residential developments exceeds one unit per acre and all the neighborhoods are characterized by naved streets.sidewalks.Darks.and a variety of housing woes and other urban type land uses. Some commercial or neighborhood service uses such as churches,day care.small-scale offices.schools.convenience stores.small shunning areas.etc..are usual lv associated with urban. residential subdivisions. Sec.22-2-80. Concerns of Development: A.Conflicts exist particularly between residential development and existing rural land use that can negatively impact Weld County. Tension is occurring not only from restrictions on normal farming practices.but also from resistance to change and growth. It is important that counts'representatives and officials recognize their role in reducing the conflicts between development and rural uses. Consistent interpretation and administration of this chapter and Chanters €0. 23.24.26 and 27 of this code will help in the reduction of conflict. Using these documents to make consistent land use decisions, reinforces its usefulness as an information and decision-making tool on land use decisions made by private parties.as well as public officials. (Ref.22 2 5OD B. Affordable housing. The escalation of development costs continues to raise the cost of housing which is in turn passed on to consumers. C. Development should not be required to nay unreasonable costs which are more than their share for upgrades 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.null-outs.trails.etc. E. Conditions of approval requested by referral agencies may be scrutinized to provide basic needs. The applicant has the right to question the referral and contest the conditions if necessary, F. implementation of timely submission from referrals is required, The Planning Deoartment needs to establish and adhere to reasonable deadlines for referral submittals. The aoniication process needs to be evaluated for ways to make the entire process more efficient and timely._ Sec.22-2-90.Benefits of Urban Development: A. t 1rhsn development'S"!te most cenrraii7ed'r.ri. merefnre +'• •most inter,! and use. Vlore neon a live in urban renters they !lye 'aside ari an :enters OeCause me,/anorecisi the cioseness anti con'. •nience or5ervises that are ava!iaoie. rEv. •• are 'es:: `::'o f!n'g J!ements or:m urban fir"r\'9e such. 2s .:on'aestion_ :rime, and I 12 — others: but the advantages of convenience. availability of lobs, and the, social diversity of this lifestyle choice are perceived benefits. B. An important factor of urban development is the efficient use of land as a resource. Since the density of urban development accommodates more density on each acre,the amount nfland relative to the number of people who live on or use the land is an efficient ratio. Locations where urban development can occur should be encouraged to develop as urban. Jurisdictions that can accommodate urban development should employ policies and regulations that facilitate urban development while managing the quality of this development. Weld County should adopt policies and regulations that promote urban development in the areas where it is appropriate resulting in the most efficient use of land and infrastructure. Sec.22-2-100. Urban growth boundaries. A. Efficient and orderly land development and the preservation conservation of agricultural land require that urban type development take place in or adjacent to existing municipalities. Development is encouraged within municipal boundaries where public services such as water, sewer and fire protection are available. A. Urban Growth Boundaries and uses within these areas,shall be determined through coordination between the County, participating municipality, and the individual landowner.Efficient development in the area surrounding municipalities requires this type of coordination which is achieved by three(3)methods; the three-mile referral, intergovernmental urban growth boundary agreements, and the standard one-half mile urban growth boundary. When growth at the municipality/county level is not coordinated,problems can occur with incompatible adjacent land uses as the most obvious. °'" .urban municipal services can be extended to serve the art,a,and if the municipality wants to expand in that location and manner. Eftk-_n: Orderly de 'elspmoac E.the area surrounding a municipality requires coordination between the County,and the municipality.-and the!e4ivklt{al landowner. This coordination is achieved by three (3) methods: the three mile referral, intergovernmental urban growth boundary agreements and the standard one half mile urban growth boundary. B. Efficient land development and the conservationoFagricultural landsugnests:hat urban-tvoe development take place in oradiacentto existing municipalities or where adequate infrastnicture can he obtained. Urban devetooment adiacent to municipalities is appropriate if urban services can be extended to serve the area. C. I The intergovernmental urban growth boundary agreement is a by far the best_tooi 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 challenged them to establish their own tailor-made growth areas. Believing each community , The Board of County Commissioners imparted three(3)criteria to guide the municipalities: 1. Growth should pay for itself, in terms of initial costs and, in the long range, through good design and functional efficiency. 2. Annexation patterns should directly correlate with municipal service areas. 3. Infiil of communities is a far more efficient use of land than urban',prowl. abide by the municipa'.Er's .risisr:;cr future development-in the-area. -Likewise,the municipality agrees to Limit the defined areas-where it pians m vo'-- municipat—,.rvices. 't is understood that urban ,� 13 growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. D.G. The County, in accordance with state statutes,refers land use proposals for review and comment to any jurisdiction within three(3)miles of the site of the proposed change. The municipality is given an opportunity to comment,and the comments are considered by the Planning Commission and the Board of County Commissioners when they vote on the proposed land use change. Regardless of any other agreements between a municipality and the County for growth and service areas,the County will continue the three-mile referrals. E_When growth at the municipality/county level is not coordinated,some of the problems that can occur,include I roads that do not tie into each other, inconsistent engineering standards, the provision of municipal services by a hodgepodge of special districts, and the most obvious problem of is incompatible adjacent lard 2esides addressing these problems, the urban growth boundary agreement can be used to preserve open space corridors between municipalities or to protect important wildlife habitat,natural and scenic E. in the absence of an urban growth boundary agreement, the County recognizes a standard urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The definition of facilities is limited to Public sewer lines in place on September 11. 1995.the time of adoption of Ordinance 147-G. as codified herein. as amended by Ordinance 147-P. adopted on March 15. 1999. also codified herein. The Perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. inside the municipal service area boundary. urban-tune uses and services are planned and annexation is encouraged. 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. a. UGB. Policy 1.1. The County recognizes that municipalities can and should plan their own futures in terms of the nature and rate of growth. b. UGB. Policy I A-.2,Revise intergovernmental agreements as required by changing conditions. c. UGB.Policy 1.2.3.The county encourages each municipality to plan their fixtures in coordination with individual land owners in unincorporated Weld Counts'. 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 EGA. aF the 1-25 Mixed Use Development area. and maintain urban growth boundary areas,urban develoomen: nodes. or `,ere urban inn-2. ,ructrrre can be obtained. provd.d. that provide anofc;4 designation between future +.irban end non ..span uses: UGB. Policy 2.! :_and use development proposals within an urban growth boundary area will be .etermined accomm to the -•-ocedure set forth in t_';aor this C. an--inter -avemrcental 14 ..� • l.,,r........A.el`,.....r......A the.......:..:_..l:r. T..rl.e..i...e....e..C....:..re ...1 .. _ � r � land use proposals in urban growth boundary areas shall be encouraged if they adhere to the intent of this Chapter and the referral responses received. b. a UGB.Policy 2.4.2. Individuals making initial contact with the County regarding land use development should be informed of the policy of directing urban growth to,or adjacent to,municipalities and the I-25 MUD. or where urban infrastructure can be obtained. c. b UGB.Policy 2.2.3. Until intergovernmental agreements are in place,urban growth boundaries will be defined as a one half-mile perimeter around the existing public sanitary sewer facilities. C. UGB.3.Goal and policies.. 1. UGB.Goal 3. The County and municipalities should coordinate land use planning in urban growth boundary areas,including development policies and standards,zoning,street and highway construction,open space,public infrastructure and other matters affecting efficient orderly development. 2.a_ UGB.Policy 3. The County may consider approving a land use development within an urban growth boundary area,in the absence of an intergovernmental agreement,if all of the following criteria are met: a- i)UCB.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. bT21 UGB. Policy 3.3. The proposed use,including public facility and service impacts,is compatible with this Chapter and with other urban type uses. ea31 UCE-.Pali_y 3.2. The proposed use attempts to be is compatible with the adjacent municipality's comprehensive plan. �^ d.UGB. Policy 3:1. Public services are provided to the proposed site with maximum efficiency and economy. The applicant must submit financial data and-analysis on direct and indirect public service impacts, including those on roads, schools and public safety. Data on public costs and potential revenue demonstrate that the proposed use is economically neutral or beneficial to the County. e:-d.4)UGB.Policy 3.4. If public facility or service improvements are required by a development,and will not be provided by the adjacent municipality, the developer will pay these costs, initially. A method of reimbursement for these costs will be determined in the land use application review process. The method of reimbursement will depend upon the following information, which the developer provide 1) - Identification of all current and future users of the public facilities or services; 2) A proposal to equitably share these costs among users;and 3) A time schedule for apportionment of the charges among users and reimbursement to charges among users reimbursement to the developer D. UGB. 4.Goal 1. UGB. Goal 4. Whenever possible. open ,mace within a urban development should be connected to j ti a. Sec.22-2-1211 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 employed in agricultural and other industries. The communities also serve as small commercial centers for surrounding farm areas. B' . Substantial population growth is not anticipated in these communities due to the lack of community water and/or sewer facilities and because of their remote locations. These settlements will probably continue to function as small rural centers serving the needs of the surrounding rural population. C. Ret≤ional services such as waste water treatment plans and water treatment facilities are encouraged to service unincorporated communities. D. Further development in unincorporated communities will he encouraged. when the impact it positive. Sec. 22-2-130 Unincorporated community goals and policies. The following goals and policies are established for unincorporated communities: A. UC.I 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.a.UC.Policy 1. Expansion of existing unincorporated communities will be based on the following criteria: I. 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.2.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 development application adjacent to an unincorporated community. B. UC.2 Goal. 1. UC. Goal 2. Maintain the rural character of these settlements. C. '.;C2 goal. 1. UC. Coal:.Accommodate new development 11 f existing vacate! -fatted J_. coal. 1. UC.Goal 4. Maintain urban growth boundary areas that provide an official definition between€uture-urban and agricultural land uses. C. UC.3.Goal and policies. 1. UC. Goal 3. Promote a quality environment which is free of unsiehtly materials.including.;but not limited. to. inoperable vehicles,refuse and litter. a. UC.Policy 3.1. Property owners should demonstrate resnonsibiIity of ownership by minimizing safety and health hazards resultinc from. but not limited to. derelict structures. derelict vehicles and non- commercial iunkvards b. UC. Policy 3.2. Develop programs for the cleanup of derelict property. funk and weeds. Sec.22-2-140 Industrial development. In Industrial Zone Districts,development is typically oriented toward transportation facilities and is located where traffic,noise,air and visual pollution conflicts with residential,commercial and agricultural uses are minimal. it is the County's intent to accommodate industrial development proposals in accordance with the urban growth boundary and 1- 25 Mixed Use Development and urban development nodes goals and policies defined in Section 22-2--200-,-or-ether areas where urban adequate services are attainable. when the subiect site is located inside an approved inter2overnmental agreement area.urban __rowth boundary area. 1-25 Mixed lee Develonment area. urban development nodes_ or where adeaual 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._Industrial uses in urban areas vary from heavy industry and manufacturing, to manufacturing combined with research and development that is less obtrusive and disruptive to surrounding properties. Usually, the heavier industrial uses are segregated into areas around-the-perimeter-of communities and linked to major transportation networks. Light industrial and manufacturing may-also-be-at-the perimeters,but are sometimes integrated_inside the community Sec.22-2-150 Industrial development goals and policies. The following goals and policies are established for industrial developments: A. I. 1. Goal 1. 1.Goal I, AEldres the Conversion of agricultural land to urban scale residential. corm eFc^al and industrial uses development will be discouraged encouraged when the subject site is located outside inside an approved intergovernmental agreement area. urban growth boundary area. er 1-?5 Mixed Use Development area.and urban development nodes.or where adeauate services are obtainable. Urban++V::s-"2rr :tresc's�' area - vherr urban ittfFasEructure-+s-obt-einable. This coal is intended to promota address conversion of agricultural land in an orderly manner..k4+it#is in harmony with the phased growth glens of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the zoned, agricultural district and other zoned districts that allow urban :tale uses. In addition.this coal is expected to minimize the costs to County taxpayers of providing additional public services in rural areas for uses that reauire services on an urban scale level. B. 1.4-2 Goals and policies 1. I Goal 4-2 Encourage the exransion and diversification of the industrial economic base. 2.a. I. Goal Policy 2.I. Accommodate new —dustrial development within planned industrial areas. 17 ah. I Goal3 Policy 2.4-2. The applicant shall ensure that adequate and cost effective services and facilities are available. c. 1. Poi icy 2.3. 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 e d.I. Policy 2.34.Promote industrial development that is aonroo riately located in relation to surrounding land uses.and that meets necessary environmental standards. e.I.Policy-4 2.5. Proposed industrial development or expansion of existing industrial uses should meet federal,state and local environmental standards. In addition,the criteria for evaluation will include,but not be limited to,the effect the industry would have on: I policy 4.1 1). The natural environment, including air,water ouality. natural drainage ways., soil properties and other physical characteristics of the land. I policy 4.2 2). The compatibility with surrrnmcline land use in terms of general use.building. heieht.scale. density. traffic. dust and noise.. I policy 4.3 3). The access between public roads and the or000sed industrial development or district. The land use applicant will demonstrate to the satisfaction of the Board of County Commissioners that the street or highway facilities orovidinu access to the property are adequate in size and quality to meet the reouirements of the or000sed district or development. Internal road circulation.oft=street parking.acceleration lanes,deceleration lanes.common access collection Points. sienalizarion and other traffic improvements should be required wherever necessary to mitigate traffic impacts caused by the development.. I policy 1./1 4). Encouraae development that is sensitive to natural patterns and suitabil ities of the land. I noliov 4.5 5). Visual and sound barrier landscaoine should be required to screen open storace areas from residential uses or public roads. C. I.3. Goal and policies 1. I.Goal 3.Achieve a well-balanced,diversified industrial sector base in order to provide a stable tax base and to provide a variety of job opportunities for County citizens. 2.a. I.Policy 3.1.An application for industrial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and industrial goals and policies. a=b.I.Policy 3.1.2. A good working relationship between the public and private sectors is an asset. essential.The County should continue its support of organizations, which foster this economic development.relationship. D. 1.4. Goal and policy I. 1.Goal 4. All new industrial development should pay its own way. 2.aa.I.Policy 4.1. Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection,school site acquisition,increased road maintenance,road construction or expansion,emergency services,the extension of utilities and the increased demand or need for open space and other services provided by local governments. b. I.Policy 4.2.Evaluation of the fiscal impacts of new develooment shall include indirect benefits such as sales and use taxes generated by residents: construction jobs and the associated economic impacts: supnort of commercial and industrial operations that nay higher property taxes than residential property: housing for the work force necessary to the economy:-and other indirect benefits. E. 1.5. Goal 1. I.Goal 5. The Address conversion ofagricultural land to urban•scale_residential,commercial and Industrial uses development will be discouraged encouraged when the subject site is located outside aside of an approved intergovernmental agreement area,urban growth boundary area or I.25 Mixed Use Development area and urban development nodes. Ultra: .:: u:c2ntablGkn a e,i:.�therb uikan infrastructure is ithtainabke.This policy is intended to promote address conversion of agricultural land to in an orderly manner which is in harmony with the phased growth plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban scale uses. In addition,this policy 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=cat level. 1. I. Goal 5. An application for industrial development within or adiainine an unincorporated community should be reviewed in accordance with the unincorporated community.and industrial coals and policies: an application for industrial development within an area desi_mated for a,.ricultural use and located outside or an area as an urban ,growth boundary area should be reviewed in accordance with the agricultural and industrial coals 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 agricultural land, G. 1.7.Goal and policies. I. T.Goal 7. Promote a quality environment which is free of unsightly materials. including but not limited to. inoperable vehicles.refuse and litter. a. I. Policy 7.1. Property owners should demonstrate responsibility of ownership by minimizine safety and health hazards resulting from, but not limited to. derelict structures. derelict vehicles and non- commercial iunkvards b. I.Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-1h0 Commercial Development. lvrban In Commercial zone districts. commercial development is characterized by intense commercial areas for retail,offices. services.and other uses that are primarily located al„nti major roadways.at major intersections.and in commercial narks 1:si ned to;accommodate these r:i,re uses. Lar...,areas of oa'ement for raatiwa':s. and Larkin, uts .i eomtaan\ these uses. The urban growth boundaries,aid the 1 25 Mixed Use Cevelopment :n .iron. , a: :. '. ::.'a el-.;czr r ra a}1:'r.!:-An approvea intergovernmental agreement area. 19 .rte 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. Commercial development will occur in the urban growth boundary as a result of municipal growth and the utilities, public facilities and services planned 414e-future—For example.the 1-25 Mixed Use Development area has also-been the focus of capital improvements and services,primarily through the creation of special districts. Sec.22-2-11=0 Commercial Development Goals and policies. The following goals and policies are established for commercial developments: A. C. I Goal and policies I. C.Goal 1. Encourage the expansion and diversification of ikc <a:..atr Urban commercial uses will he encouraged when the subject site is located inside an approved intereovernmentaii a!reement area.urban 2rowth boundary area. 1-25 Mixed Use Development area.urban development nodes.or where adecuate services are obtainable. a. C. Policy 1.1. Ensure the compatibility of commercial land uses with adjacent land uses.Minimize the incompatibilities that occur between uses in the zoned a,tricultural district and other zoned districts that allow urban uses. b. C. Policy 1.2. Minimize the costs to County taxpayers of providine additional public services in rural areas for uses that require services on an urban :,calu level. B. C.2. Goal and policies 1. C.Goal 2. Encourage the expansion and diversification of the commercial economic base. 2.a.C. Policy 2.1.New commercial development should either be located in areas free of natural hazards, such as wildlife,geologic hazards,floods and high winds,or be designed to mitigate the hazards. C. C.3.Goal and policies. 1. C.Goal 3. Ensure Address the compatibility of commercial land uses with adjacent land uses. 2.a.C.Policy 3.I. Applications for commercial development should be reviewed according to all applicable goals and policies contained in this Chapter and Chanter 23. 21.2_C and 27. 3b.C. Policy 3.4.2. New commercial development should demonstrate compatibility with existing surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise. 4.c.C. Policy 3.2.3. Neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only of neighborhood oriented business. Commercial uses that service a greater area than the neighborhood and create undesirable impact,such as increased vehicular traffic,are not considered appropriate in residential neighborhoods. D. C. 4. Coal and policies -h ri 4 A. cota.lerkiict raiat' ,Pciart -Hit lit: :d - torc IS i et. (. ...n,.,. nplf,qcontinue it= =artitor ithid' 5 2' < .:oon,,mic 20 G.Psli&'31.Application::fat aar,.,;,a,cial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and commercial goals and policies. r C.Policy.7.5Annl'cants for devehmnav«�' •"T-„z „"•. 'ise;ocetheeuantitcavailableand'ourceofdomesticand ne ater to s:vviee-the—nrtx-aced-rle-veierunevt-win,.,-the-Jau:i u.;€ anal-ication OR- .s- E. C.5. Goal and policy I. C.Goals. The anolicant shall ensure that adeouate commercial levels of services and facilities are avai-tahie obtainable to serve the commercial development or district. Ia.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 widt4 classification and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed commercial development or district should be granted only after consideration is given to the land uses and traffic patterns in the area of development and the specific site. Internal road circulation, off street parking, acceleration and deceleration lanes , common access collection points, signalization, and traffic improvements should be required wherever necessary to mitigate traffic impacts caused by development. 2.b. C, Policy 5.2 Aoolicants for development are rrsnonsible to determine the status of a well through Water Lc a y...r-.L.� the State Division of Resairces.sha1 l. _: . ,t.=-r::a-cci-aofa parcel rf'c::ar:tti• z.•.=" agca d3t - ... . .._ th,,cse of the wcil ra au= f wc:zr Rc:efeee net?-'ae eentrete -bv-t-ht—'uoche.*t. 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 impacts. 2.a.C.Policy 6.1. Encourage Require environmentally sensitive designs for development that preserve desirable natural features, conserve or create favorable space for wildlife and minimize pollution. 3.b.C.Policy 6.4-.2. Promote efficient utilization of water resources. G. C.7. Coal and policy. 1. C. Goal 7. Ensure maintenance of a quality commercial environment which is free of unsightly materials, including but not limited to, inoperable vehicles,unscreened outdoor storage of items,refuse and litter. 2. C. Policy 7. Commercial -developments should -be designed -in .a-manner which minimizes pedestrian/vehicle conflicts and negative visual impacts,and creates an awareness of the natural environment. _. C. Pcli , 5.1 Encs'src__ sea^^_rcial development 7,hot,thl be desicnc3 to enhance features-visual vistas. corridops-etc. 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.B.Goal and policy 1. C.Goal 8. All new commercial development should pay its own way. uses viii be encouraged when the subject sitis-kacated--jas.idi of;; agreement area. urban ••zgrowth boundary area or l. 2e ',:,;.a t;,s ^r•.•.:klooment area and nr"r:: dz:•_!ooment nom„ a 4 whir: :;:bar. ;c ,;;, -n kz;, w;a 1:e arm-uses may be acceptable in areas where urban infrastructure_ obtainable.This oolicv is intended to promote conversion !ra! !and to tn:r.ri4=th .•c--mom that occur between uses in the zoned auricultural district and other zoned disgusts that al!:t'.r:tt as oL in-additien. this polio is cxecatzd : ..87;te&' ':: to «.it.i;nizin4t the costs to County taro ': rs additional ,..:a1areas for uses that reouire s:;.:c; :i,CZ. :,*V$4c the imeaet on commercial land uses agricaltural land. a.C.Policy 8.1. Provide mechanisms whereby new development-Pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection.school site acouisition.increased road maintenance,road construction or expansion.emercencv services,the extension ofutilities and the increased demand or need for open space and other services provided by local governments. b.C. Policy 8.2 9-1 Evaluation of the fiscal impacts of new development shall include indirect benefits such as sales and use taxes generated by residents:construction iobs and the associated economic impacts: support of commercial and industrial operations that nay hither property taxes than residential nronern': housing for the work force necessary to the economy:and other indirect benefits. I. C.9.Goal and policies. 1. C. Goal 9 The extraction of mineral minerals and oil and gas resources should conserve preserve the commercial land and er minimize the impact on commercial prime agricultural land. Ia.C.Policy 9.1. The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. b. C. Policy 9.2. When feasible,existing service roads should be utilized to provide access for oil and pas activities. J. C.10. Goal and-Policies._ 1. C.Goal 10. Promote a quality environment which_is free of unsightly materials.including but not limited to.inoperable vehicles. refuse and litter. a. C.Policy 10.1. Property owners should demonstrate responsibility ofownershin by minimizing safety and health hazards resulting from. but not limited to. derelict structures. derelict vehicles and non-. commercial unkvar:.is. h. C. ?otic•. :0.2. Develop ,rourarns for cieanuo of derelict ronerty. iunk and•.needs, • -., Sec.22-2-180 Residential development A. The urban growth boundaries and the 125 Mixed Use Development area are intended to accommodate residential development. Chapter 23 of this Code identifies low,medium and high density residential uses. These three(3)designations reo5=ttrd„aetences among residential environments. The intent is to establish residential areas which reflect particular lifestyle choices, including dwelling unit type. density, environmental setting and B. Supporting utilities and public services and related facilities are essential to any residential development. Recognition of this has led the public sector to require that residential development be accompanied by provisions far adequate facilities and services. The fiscal constraints upon the County government will not permit indiscriminate development with no regard for how such services and facilities will be provided. The intent is to establish residential areas.which reflect affordability and lifestyle choices.that include dwelling unit type: density. environmental setting and convenience levels. Thorough examination of issues such as compatibility with surrounding and regional land uses.availability and adequacy, of infrastructure and services serving the proposal.impacts on the natural environment.and other issues shall occur in the review of all residential developments. Residential development occurs in the Residential (R3 Zone District. the Estate (El Zone District-the Planned Unit Development (PUD) Zone District. or the Agriculture (Al Zone District. These different districts are specifically described in Chanters 24 and 27 of this Code. Supporting utilitie utd public services and related facilities are essential to any residential development. Recognition of this has led the public sector to require that residential development be accompanied by provisions for adequate facilities and services. A. The R-zoned districts. R-1. R-2. R-3. R-4, and R-5 \&ry in intensity and density. but are generally urban, developments of single-family lots. multi-family lots.or sites for mobile homes. It is important that these types of residential developments are located inside municipal boundaries, in urban growth boundaries or nodes. the 1-25 Mixed Use Development area. or other areas where adequate services and infrastructure are obtainable. B. Estate zoned developments are more rural. and are characterized by larger lots, streets with barrow ditches, some limited livestock and/or other non-urban components. These tyres of residential developments are generally located in areas at the outskirts of municipal boundaries or between towns. and must be planned in relation to the infrastructure obtainable. C. PUD zoned residential developments may include the above-mentioned R-Zone Districts or the E-Zone District, or may be part of a master planned. mixed use development. See section 22-2-200 210 for further information about Planned Unit Development. D. Residential development on agriculture-zoned land is provided to aid in the continuation of agricultural production and/or to accommodate low intensity development. Section 22-2-190 Residential Development Goals And Policies The following Goals and Policies art established for Residential Developments: 2. R. Policy I. ' pportuniti:.: far=kipi_ fa-'.:, W ' = _3 • to encourage lower cost renter and owner occupied housing: a. R.Policy 1.1. Affordable housing developments should be located within a reasonable walking distance to shopping, schools and parks, or have access to public transportation: b. P:. Paiicy 1.2. Affordable housing developments for senior citizens should locate within a reasonable distance of community centers,parks and shopping areas,or where transportation services can be provided to c. R.Policy 1.3. Affordable housing developments should not be located in undesirable places such as near A. R.I. Goal and policies t. R. Goal I. Urban residential uses will be encouraged when the subject site is located inside of an approved intergovernmental agreement area.urban growth boundary area.1-25 Mixed Use Development area, urban ecew#h development nodes. or where adeouate services are infrastructure i.,obtainable. a. R. Policy 1.1. The County should encourage an efficient form of urban residential development by directing urban residential growth to those areas where urban services and infrastructure are obtainable, 3-b.R.Policy I.k2. Encourage the. vnansion.and diversification of the industria-heeenomic bare when the subiect site is located inside an approved and.'or intcreovcrmnental agreemcnt area urban urowth boundary ar.,a. , 25 M:4i:c., _.r._. ban;rr �i a r l i ' Urban acceptable in areas ,..._t _._ commercial and industrial devclonrncnt will be encouraged when the subject site is located inside, an approved intergovernmental agreement area. urban urouth boundary aca. 1-25 Mixed 1-se Development area. urban doelonmeut nodes. or where adeouate services are obtainable.This policy is intended to sunporl urban residential uses. B. R.2 goal and policies. 1. Pc Caal 2. Ezsere that adequate public services and facilities are available to serve the residential development or-district, sanitary sewer and public water systems are available to all residential development,and that the street or highway facilities providing access to the property are adequate in width,classification and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed residential area of development and the specific site. Internal road circulation,off street parking,acceleration and deceleration lanes,common access collection points,signalization and traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the development. z. P. Policy 2.1.. Applications for residential development should be reviewed in accordance with all applicable policies and goals contained in this Chapter. I. R.Goal 2. Conversion of agricultural land to estate zoned residential uses may be accommodated when the subject site is in an area that can support such development.. a. R Policy 2.1. Regional compatibility will be considered when estate zoned residential uses are, proposed. b. 2 Poi ic-:2.2.The size and density of estate zoned residential development shall he determined by the infrastructure and services that are obtainable.. C. R. Goal 13. 24 �r I. R.Goal 3. Promote efficient and cost effective delivery of public facilities and services to r 2. R.Policy 3. The County should encourage a compact form of urban development by directing residential growth to urban growth boundary areas and to those areas what; tr`=sr:iacs ere already available before committing alternate areas to residential use. a. R.Policy 3.1. All residential development proposals should be reviewed in accordance with all state and federal standards,including but not limited to the requirements of the Clean Water and Clean Air Acts. b. R. Policy 3.?.- New residential development should demonstrate compatibility with existing surrounding land use in terms of general use,building height, scale, density,traffic,dust and noise. c. R. Policy 3. . Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design. I. R.Goal 3. Provide mechanisms for the division of land zoned Agriculture to accommodate low intensity development. a. R Policv 3.1. Employ planning techniques such as exemptions.clustering.easements etc.,to allow a Portion of a parcel to be developed into residential lots while retaining tracts that can continue to be used as agricultural lands or other low intensity developments. D. R Goal 4. 1. R.Coal-1 . AM;c-.7 residential development should pay its own way. I. R. Goal 4. Promote the development of affordable. uuality housing for County'residents, a. R.Policy 4.1. Opportunities for housing developments including.but not limited to.multi-family and, manufactured homes. should be provided to encourage lower cost renter.or owner occupied housing.or employee housing. b. R. Policy 4.2. .Affordable housing developments should be located within a reasonable distance of employment.community centers.Parks.shooning areas.and schools.or where transportation services can be provided to enable access to these areas. c. R. Policy 4.3.Provide for appropriate accommodation:Establish processes to provide for appropriate housing suitable for multi-generational or caretaker quarters._ d. R. Policy 4.4. The County will consider proposals which oro'iide affordable housing which.include, but are not limited to. higher density. reduced amenities. reduction in open space requirements, E. R. Goal 5. 1. R.Goal 5. Ensure The applicant shall demonstrate that adequate public services and facilities are obtainable to serve the residential development. a. R. Policy 5.1. The land use applicant will demonstrate to the Board ofCeunt.-Fommi:Jonerc that adequate sanitary sewer and water systems are available to all residential development. :nd that the roadway facilities providing access to the nronerry are adequate to meet the requirements of Me pro nosed development. 25 b. R.Policy 5.2. Applications for residential development should be reviewed in accordance with all applicable provisions of this Code. c. R.Policy 5.3. Applicants for development are res_nnnsible to determine the status of a well through the Colorado Division of Water Resources. F. R.Goal 6. 1. R.Goal 6. The compatibility between new residential development and existinu surroundinuz land uses will be considered. a. R.Policy 6.1 Mitigation techniques should he considered to address incompatibility issues. G. R.Goal 7. 1. R.Goal 7. All new residential development should pay its own way. a. R. Policy 7.1. Provide mechanisms whereby new development pays for the costs of infrastructure directly related to the development. b. R.Policy 7.2 Evaluation of the fiscal impacts of residential 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. H . R Goal 3. 1. R.Goal 8. The extraction of minerals and oil or as resources should conserve the land and minimize the impacts on residential development. I. R Goal 9 1. R Goal 9. Promote a quality environment which is free of unsightly materials. including hut not limited to. inoperable vehicles,refuse and litter. a. R.Policy 9.1 Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to.derelict structures.derelict vehicles and non- commercial iunkvards. b. R.Policy 9.2 Develop programs for cleanup of derelict property, iunk and weeds. Sec.22-2-200 Planned unit development. The Planned Unit Development (PUD), found in Chapter 27 of this Code, is intended as an alternative means for development by allowing a departure from the standard land use regulations. A planned unit development is a method used to review the subdivision as a unified and integrated development. When development is planned as.. - •.:and ate eci whole.it is not intended to be used to policies or re,:uirements ••- and Ciapt=1'7 22.2'. =5 and 2" ..f this Code. The PUD process shat' nor le use arct.mve"*.ir:iis: ...-ne coals. aoiicies or reau:rements oft is Chapter.'::':_cter 22.and Chapters II p ' ,. .3 anu 2"c, C:.,:.=. The objective or .6 the PUD is to encourage flexibility and variety in development. Planned unit developments can benefit County citizens by promoting more efficient use of land,greater prevision of open space and improved aesthetics. It is acknowledged that the encouragement of flexibility and variety may not be tulle aliened with all technical and regulatory requirements of the `1 Code. Therefore. the intent of certain elements of the Code may be satisfied in creative ways that are not specifically, described in the Code.The County will encourage a creative anoroach to development design while protecting the health. safety and welfare of Weld County citizens.To this end.the Planned in it Development is considered to be the preferred method for review and entitlement,particularly for mixed-use developments. Sec.22-2-210. Planned unit development goals and policies. The following goals and policies are established for planned unit developments: A. PUD.1. Goal 1.PUD. Goal I Maintain land use regulations that allow-County officials to review-development proposals which combine uses by right in two(2)or more zone districts, or which in some manner qualify as a planned unit development according to the definition set forth in Section 21 1 10 of this Code. [n an effort to promote the PUD process for development review,the County will cooperate with the development applicant to achieve the objectives of the applicant while ensuring the proposal meets all health and safety needs:meets the intent of the zone district(s)applicable to the land use proposed: meets the intent of the goals expressed in this section: and conforms to the Weld County Comprehensive Plan. B. PUD.2. Goal 1. PUD. Goal 2 Encourage creative approaches to land development which will result in environments of Conversion of agricultural land to urban residential commercial and industrial uses will be encouraged when the subject site is located inside of an aocroved intergovernmental agreement area. urban growth boundary area. I-2` Mixed Use Development area. urban development nodes. or where adequate services are obtainable. This coal 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 m iriimizing the costs to County taxpayers of providing additional public service in rural areas for uses that require services on an urban level. C. PUD.3. Goals and policies 1. PUD.Goal 4— 3 Maintain land use regulations that allow County officials to review development proposals which may combine uses by right in two(2)or more zone districts,or which in some manner qualify as a planned unit development according to the definition set forth in Section 24-1-40 of this Code. a.PUD.Policyk 3.1. An application for a planned unit development within a municipality's an urban growth boundary area should be reviewed in accordance with the urban growth boundary and planned unit development goals and policies: ab.PUD.Policy-1-342. 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. 1a.°.PUD. Policy 3 23_3 An application for a planned unit development in areas designated for agricultural use should be reviewed in accordance with the agricultural and planned unit development goals tn' policies. D. PUD.4. Goat 1. PUD.Goal?4 Encourage creative approaches to land development which will result in environments of distinct identity and character. ?a.PUD.Policy 4.I. 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.b.PUD.Policy 4.4-.?. 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 e. PUD.Policy 4.?.3. Conservation of natural site features such as topography,vegetation,and water courses should be considered in the project design. E. PUD. 5. Goal. I. PUD.Coal 3 5 Ensure that adequate public services and facilities facilities and public services are available to serve the PUD or district. 1. PUD.Goal 5. Demonstrate that adequate facilities and public services are obtainable to serve the PUD or zone district. ?.a.PUD. Policy 5.1. Creative and innovative approaches to obtaining adequate facilities and public services will be considered. a.b.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. c.PUD.Policy 5.?3.. 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 public facilities and public services in the PUD or district. 2. PUB. Ps!i_;1 6 A proposed planned unit development or expansion of ar existing-planned unit development should be subj.,¢ .to the fallawing pr;v'�ar-other adoptu reguiatiens by the Board of Cuunc Cunm- ssioncrs: a. PUT) ?'._ribie design clemects ar a —mod .. :;d 23 • compatibility with existing and planned uses on adjacent properties and within the planned unit : = architecture,distance between buildings,building setbacks,building height,street design,traffic impacts, off street parking,open space,privacy,signage,screening and landscaping. }. PUD.. Pslia 4.2 6.2 A planned unit development which includes a residential use should provide bo designed and located to be easily accessible to all the residents of the project and usable for open space type,style and density. e.a. PUD.Policy 4.3 6.3 6.1 The developer development should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the planned unit development. , courses should be considered in the project design. • e. PUD. Policy 4.-5 c.5 PAl n Plan chnoter. Access to properties should preserve tilt o,t:a1:ns • t is ha ,oncr tcd by the • gut:2n:: of the F. PUD&:7. Goal. 1. PUD. Goal-5,7. All new planned unit development should pay its own way. a. PUD. Policy 7.1. Provide mechanisms whereby new PUD oays for the costs of infrastructure directly r. elated to the development., b. PUD. Policy 7.2. Evaluation of the fiscal imoacts of PUD should include indirect benefits such as sales and use taxes generated by residents:construction lobs and the associated economic impacts:support of commercial and industrial operations that Day hit/her property taxes than residential property:housing for the work force necessary to the economy: and other indirect benefits, H. PUD.8 Goal 1. PUD. Goal 8 The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments, I. PUD.9. Goal and policies 1. PUD. Goal P. Promote a quality environment which is tree of unsightly materials.includinu it not limited to. inoperable =aicles. refuse and litter. 19 a. PUD. Policy 9.1 Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from.but not limited to. derelict structures.derelict vehicles and non-, commercial iunkvards b. PUD.Policy 9.2 Develop programs for cleanup of derelict nronerty. iunk and weeds. Sec.22-2-220 1-25 Mixed Use Development Area and Urban Development Nodes. A. The presence of an interstate and state highway system and the external growth pressures from the Longmont Metropolitan Area have created an interest in land speculation,development and population growth in the Mixed Use Development(vtUD)area. Interest in the area has already led to the creation of facilities and utilities which attract development The infrastructure in the area exists at varying stages of development, service capacity and efficiency. n 'r1. rtT m id a 1. ll F 6 in an area which is experiencing increased growth and development. This district is intended to be an area which will accommodate most of the development which may occur as a result of the planned infrastructure and services existing and developing in the area. The area allows residential, commercial, industrial and institutional uses to e The PUD process is an approach which promotes freedom, flexibility and creativity. The increased flexibility :, to arl:pith site constraints and land use compatibility problems with abutting properties. C. Development in the MUD area requires an extensive system of cervices and facilities in order to maintain a quality working and living environment. It also requires careful consideration of surrounding land uses and affected and water quality. D. Historically,the lack of an adequate sanitation sewer system was a deterrent for development in the area because possible that the n„mt,ra>,:a septic tank and leach field systems have contributed to the groundwater degradation and a ..I I.... .. hig ,. ..F,...,....�1. ♦ sac- r J A. The MUD structural 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 I-25 MUD and urban growth nodes,are based on five central ideas and include: 1)Employment Center Development,2) Interconnection of Community, 3) Consistent Land Use Standards,4)Appropriate Zoning Mixture,and 5)a Planned Transportation Network.This will ensure that development is planned in advance, 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. €C. The Urban Development Node is defined as: 1. A site location of concentrated urban development located along or adjacent to.ne intersection of two(2) or more roads in the state highway s: .em: or 30 "Th • 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 landlord,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. 2. Land Use Components are delineated on Structural Land Use Map 2.1,Table 22.4.,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. Table is located in Aooendix 22H. (Note to Planning Staff: Since Table 22-4 was moved. it needed to be referenced) Sec 22 2 210 MUD structural land use plan A. The MUD structural land use plan is intended to provide a foundation to enable the County and its citizens to make appropriate decisions regarding future development. 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 plus.. This \_:11 itn- chance. 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,promote appropriate levels of facilities and services for the entire MUD area. B. It is important to remember that it is thz czhcrsnzs s€community structure and the quality of the built and natural environment that will determine whether growth in the MUD area will represent a positive act of building a community or the loss of identity and diminished character of the region. The proposed Structural Land Use Plan is intended to be a blueprint for the region's future. C. The Structural Land Use Plan shows a proposed configuration for land uses and street systems, as well as suggested sites for community facilities. The Plan represents maximum"build out"of the region which,depending on the rate of growth in the area,may take twenty five(25)to fifty(50)years to achieve. As a result,the Plan will need to change and respond in the future as the development patterns,resources and needs of society change. D.- There are a number of principles and themes upon which the Plan is based.-As the region develops,these principles can serve as planning goals and policies today and into the next century. The principles utilized in this nedes and the consistency of land use and zoning standards: Sec.22 2 210 Principles for community structure and growth. shave tackled the difficult questions of how to grow,where to grow and how growth can either benefit or detract from the areas quality of life. Addressing these questions has required balancing complex and often conflicting issues. What has emerged is a set of principles about the stability of the area's economic base,the structure of the community,appropriate ' nin;standards _stoma iities of the uses. The orincioLa A this Psn arc as follows: 31 r A. Land use principles. • I. Employment Center Development. The Structural Land Use Plan provides a unique opportunity to create a major center of new employment in the area. The creation of the employment center is located and oriented toward the network of regional and national roadways serving the area. This center needs to be carefully planned to ensure that it will take advantage of the many attributes and opportunities in the area, without detracting from the overall image and vital linkages throughout the MUD. 2. Interconnection of Community. Livable neighborhoods are critical factors in the future quality of life in the area.Interconnectivity of community nodes and activity centers will aid in the viability of the area. Alternative means oftransponation and oppoht.oitics far those who seek to walk or ride their bicycles should be increase& providing safe and pleasant pathways to interconnect neighborhoods with community facilities e . The location of neighborhood centers in residentially designated areas is intended to provide community services within walkable destinations for the residents within the MUD area. 3. Consistent Land Use Standards. The Structural Land Use Plan outlines standards which are intended to shape and enhance communities within the MUD area. These standards are also intended to support and implement the land use and development policies in this Chapter and Chapters 23,24 and 27 of this Code. In all cases,these Chapters should be consulted for clarification of specific requirements. 4. Apprapriatc Zs:ling Mixture. The Structural Land Liz z-2Isr.prat categories throughout the MUD area. These categories-are grouped by the intensity of the land use, with thc majority of the high intensity uses being clustered within the vicinity of I 25 and SI 1119. In contrast.lands with limiting site factors such as tloodplain and wildlife habitat,correlate with the lowest intensity land uses. 5. Planned Transportation Network. The major roadway corridors,including 125,SH 119,SI-I 66 and'VCR I,are the primary roadway structures for the MUD area. They play an important role in the function and image not only of the MUD area,but for the County as well. For this reason,special attention must be given to access eentrels-and-deeise Ra> en;to ensure that these roadways will function well over time and that visual quality o false..aj or high a .. maors will be ;...pro a a L r D. Structural Land Use Map. Land use components are delineated on Structural Land Use Map 2.1, Table 22.1 the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. These alements are deseribed as follows: L Employment Center High Intensity Use: An employment center is a large parcel for land designated primarily for employee based enterprises with relatively high intensity impacts associated with its use,such as traffic or noise. The employment centers-within the Structural Land Use Plan are situated to provide employment opportunities throughout the front range. Employment centers require access to major thoroughfares,with visibility from the roadway being highly desirable. 2. Regional Commercial Medium Intensity Use:-togiene4tetnmercial centers aro areas where Goods and and s rzgad:sg land, 1ctivities in regional commercial centers irciadc, 'cat are not limited to, service itatieas. drive through restaurants, Isoceisimoteis and-re=_anal retail facilities. `rzighborhood Caner _awer;ntc.cit';,,sr: as',,gisborneodcenterisfocusedontheL tc. 32 include low intensity uses such as retail services,schools,parks and civic facilities,including recreation centers, s. P'aigh'arh?od centers are intended to be pedestrian oriented with connects to the immediate neighborhoods through local streets and trail systems. Residential development immediately surrounding the neighborhood center is encouraged to be higher in density than developments farther away. Retail services in a neighborhood center typically include low intensity businesses that provide for the sale of a , barber or beauty shops, shoe repairing, etc.): 4. Residential Mixed Intensity Use: Residential neighborhoods range from high density apartment complex developments and mobile home parks to low density estate developments. Residential neighborhoods should also include community amenities such as trail systems,recreation opportunities and activity centers that are accessible via walkable streets, trails or greenways: 5. Limiting Site Factors Lowest Intensity Use: Land with limiting site factors contains certain physical elements that obstruct or are hazardous to certain types of development. Such conditions as floodplain,critical wildlife habitat areas,aquifer recharge and earthquake faults are obstructions that limit or restrict development. These areas are nevertheless usable for agricultural production,recreational activities and parks or ether character of the MUD area by providing corridors for trails and wildlife and for the protection of natural resources. Land designated as having limiting site factors on Structural Land Use Map 2.1, the most recent copy of which is on file at the Clerk to the Board's office aad the Department of Planning Services,are primarily defined by the o..&�,:r:dr A:,car floodplain(as defer_a_ty FEW_mapping)which comer ace npprax imateiy four thousand five hundred(4,500)acres,or thirty eight percent(38%)of the total designated area in the MUD area. The floodplain incorporates other important natural features as well, including wildlife habitat,mature riparian forest,primary drainage ways and sand and gravel resources. Additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to lakes. C. Transportation System: The Plan suggests a hierarchy of transportation system development that responds to the intensity of development proposed on a local and regional level. D. Transit Centers: Transit centers are conceptually placed on the Structural Land Use Plan to promote public transportation. These centers are most effective where high activity levels,limited parking and quality pedestrian access are found. Transit centers could include park and ride lots and future transit systems such as rail. Table 2_.4 provides approximate acreage for each of the land uses and maximum density statistics that could occur at full build Sec.22-2-230 MUD Goals and policies. The following goals and policies are established for mixed-use developments: • A. MUD.I.Goal and policy. 1. MUD.Goal I. To plan and to manage growth and to nr:pride for ease of inclusion into within the I-25 Mixed Use Development area and urban development nodes so as to balance relevant fiscal, environmental, aesthetic and economic components of the areas. 33 r 2,a.MUD. Policy 1.1. An I-25 Mixed Use Development area and urban development nodes should be established and delineated on the Structural Land Use Map. B. MUD.2.Goal and policy. 1. MUD. Goal 2. To assure a well integrated,balanced,transportation system which meets the public need with maximum efficiency,comfort, safety and economy. Ia.MUD.Policy 2.1.All proposals for commercial,industrial and residential development within the I-25 Mixed Use Development area and urban development node overlay district should use the PUD application process and regulations. The PUD process will allow developers flexibility and variety needed to offer a range of products, services and uses. It will also give the developer an opportunity to explain the development plans to surrounding land owners and the County so that important information about land use compatibility and services, facilities or utilities needed to serve the proposal are determined to be adequate. 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,a.MUD. Policy 3.1. New development should avoid adverse impacts to surface and ground water quality and should implement techniques to conserve such resources. All planned unit developments within the mixed-use development area or urban development nodes shall use the sanitary sewage disposal facilities provided by the appropriate sanitation districts.PUD water supply systems should be provided by a rural water district,company,association or municipality. ^. !C^'A. ^_-pal and policy. l zal I. MUD. CI��.-1. Ta Q. 2. ?NJD-.. Pslizy1. Density in the mixed use development area will be governed by a bulk floor area standard which correlates buildable lot sizes with open space allocations. L. MUD.5 Coal and policy. 1. MUD.Coal 5. The coordination of other municipal,County,regional and state grewth policies and programs which include this area should be evaluated in order to minimize discrepancies,promote a better understanding of growth dynamics in the area, avoid duplication of services and provide economies of scale. 2. MUD.Policy 5. New development should demonstrate compatibility with existing surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise. F. MUD.6 Goal and policies. a . a er—_• ' _ _ .r------ ;.;r. •:isLai features such s S!:z Fs?-t_Bast:..�r ., . • 34 ways. • • • d s a facade e ' • environment and exhibit a"campus like" atmosphere. development by reviewing the density of the proposed land use development and comparing it to the • .i a bu ffers ' ,.I. .i'....dicta • • D • pbtcntioi cv Vc ut• r should have a low profile and be shared when possible. • highways. _^_T.P?iicy 6.9.All new development should comply with the public facilities and service section of facilities and services are effectively installed,operated and maintained. g: maintenariC$ pronosai which equitably of izezer _a .S A 3)—A proposal that identifies the appropriate time that infrastructure;mpretemeees-amd-maintenanee charges should be applied. • • • • • • reclamation plans: • • • fI a la 4 d' a�.._ ..1 .•....I,.,_ • • p. P '_-'R. Pe:' awn` r. !.^'D-. Ps! . • areas, • development. • • of scale. v. MUD.Policy 6.22. Each land use applicatiofraliin4he-Mixed-Use Dcvel.,peeee4 arena;naulditelude • , ;,pjoxa,ncios and constraints within the __ '.fixed L Development arca. .x is 36 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-a.MUD.Policy 4A.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.7-5.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. a. MUD. Policy 5.1 Provides mechanisms whereby new development pays for the costs of infrastructure directly related to the development. b. MUD. Policy 5.2. Evaluation of the fiscal impacts of new development shall include indirect benefits" such as sales and use taxes venerated by residents:construction lobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential r.ronerty: 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 nor limited to. inoperable vehicles. refuse and litter. a. MUD. Policy '.1 property owners should demonstrate responsibility of ownership by minimizing safer;and health hazards resulting from. but not limited to,derelict structures,derelict vehicles and non- commercial i unkvards. b. MUD. Policy 7.2. Develop oroerams for cleanup of derelict property, funk and weeds. ARTICLE III Land Use Amenities Sec.22-3-10. Public facilities and services. A. The effective and efficient delivery of adequate public services is one of the primary purposes and benefits of effective land use planning. Since the adoption of the Home Rule Charter,rising County expenditures have created substantial public interest in how to cut cost and increase efficiency of providing public services and facilities. Public services are government services such as police and fire protection, health services and welfare, and educational services and programs. Public facilities are physical structures and infrastructure such as schools, libraries, roads, maintenance facilities, water distribution systems and sewage treatment facilities. Municipal governments,county governments,special districts and private companies are capable of providing such services and facilities. B. Because of the expense and limited available funding, proper allocation of public facilities and services is important. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. C. The type, intensity and location of a land use proposal are factors that determine the type and level of services and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the needs and impacts of a land use proposal,along with the existing and planned capabilities of the service and facility providers at that location. D. One basic objective of the County is to plan and coordinate a timely, orderly and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services, as well as to coordinate the development of new facilities and services. F. Alternative facilities and service systems (for example Special Districts) may be used for urban type development within the 1-25 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 maybe 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 C.A... encourages that where and when possible fire service providers should utilize the highest available equipment. standards.:r,. _:vices,the County realizes that often fire protection providers are volunteer rural fire -'strcts witr 59 limited service abilities and personnel. Therefore,the following standards have boon developed for adequate fire required to meet the specific demands of individual land uses. 1. A rural water system must have sufficient volume each day of the year to control and extinguish any and all potential fires at tho proposed development site or zone district. 24.Roads serving the development must have a surface that is sufficient to travel every day of the year for the purpose of controlling and extinguishing any and all potential fires at the proposed development site or zone district. 3. The water supply system serving tho proposed development site or zone district must deliver a minimum of five hundred(500)a'_'az:,i_r asy.,,;e at twenty(20)pounds per square inch residual pressure for thirty(30) minutes. 1. The initial travel time to arrival at location of a fire or emergency should be less than fifteen(15)minutes from the time a call is received from the dispatch center providing service. five mile radius of a rural fire protection station. 6. The entity providing fire protection should have the ability to respond with a minimum of two(2) firefighters per pumper. a-2.Fire protection should be provided twenty-four(24)hours a day. B. The intention of this Section is to provide a minimum 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. 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. D. In an effort to conserve Quality water resources. especially in outlying areas of low density development, creative and innovative approaches to fire protection and prevention will be considered. For example:strategically locating fire hydrants for refill purposes along roadways.sprinkler systems.on-site tank or reservoir water storage. etc. Sec.22-3-30. Law enforcement. A. Law enforcement should include those acts and duties of the Sheriff by state statutes and the Home Rule Charter. These include,but are not limited to,the following: 1. Keeper of the County jail and prisoners therein; 2. Service and execution of all process,writs,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 60 r citizen. or walk in reporting to a deputy sheriff where physical response to another location is not required;response by appointment;proximity response;fast received, first serviced;or immediate emergency scene response. 1. The sheriff is encouraged to develop formal agreements with other law enforcement agencies to make certain all areas of the County have prompt response. • elapse time from when a request for service is received to the time a deputy arrives at the service location, as determined through the Department of Communications. 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 eauinment, 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: A. P.1 Goal and policy. 1. P.Goal 1. Promote efficient and cost-effective delivery of public facilities and services. P.Policy 1.1.Consolidation of internal County public facilities or services and coordination between providers should be encouraged to avoid duplication of costs and to promote efficiency. 3-b. P. Policy 1.2. The county will encourage the development of a cost effective transportation and circulation system by encouraging higher density uses in the area around existing municipalities.mixed use development areas or activity centers. This will help to ensure that maximum efficiency and use are derived from investment in public facilities. 61 4. c. P. Policy 1.3. Any proposal for development or the creation of a zone district for the nuroose of development should not produce an undue burden on existing County facilities and services, 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. 3:a. P.Policy 2.1.Development that requires urban services and facilities should be encouraged to locate within a municipality, urban growth boundary area, Of I-25 Mixed Use Development area, and urban development nodes,or where adeauate services are obtainable. a.b. P. Policy 2.4.2. Development will be required to pay its proportional share of the local costs of infrastructure improvements.,ineluding ongoing operating and maintenance costs required to service such development. b:c. P.Policy 2.3.3. In evaluating a land use application,the County will consider both its physical and fiscal impact on the local school and fire district. If it is found that the district involved will,as a result of the proposed development,require additional facilities or incur costs requiring additional local revenues, the land use project will be required to contribute funds to the district for the costs directly attributable to the project in accordance with the law. a:d. P. Policy 2.3.4. Multi jurisdictional coordination of services and facilities will be encouraged unless it will lead to development that is not compatible with other County goals and policies. �P.Policy 2.3.The County will encourage the development of a balanced and cost effective transportation and circulation system by promoting higher density cluster uses in the area around existing municipalities and mixed use development areas and activity centers. This will help to ensure that maximum efficiency and use are derived from investment in existing public facilities: dP:Policy 2.1.- Multi jurisdictional regionalization of services and facilities will be encouraged unless o-- P.Policy 2.5. Any proposal for development or the creation of a zone district for 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, The State and County road systems should provide a functionally integrated roadway network. B. Recognizing that exnamsion of urban/rural development and resulting higher traffic volumes and sneeds 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[tight and during periods of low visibility. 62 I3 C Established standards should guide the development ofthe transportation system throughout the unincorporated areas of be the County. The Transportation Plan Map Roadway Classification Plan,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services,identifies the roadway,railroad and airport facilities in the County. Pedestrian, bicycle trails and scenic road byways are identified on the Recreational Transportation Facilities Map. S D The Transportation Plan Map Roadway 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 Transportation Roadway Classification Plan Map be made. Certainly,The impact of major centers of employment or other significant land development activities could detrimentally influence this Transportation 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 adhere attempt to adhere to the standards set forth in the most current Roadway Classification Plan anoroved by the Board of County Commissioners,Chapter 24,Article vrr s,-.�- -thi Code- 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 road system in the County is managed,in part,by the Colorado State Highway Department; the County and the thirty one(31)municipalities within the County. The County's road system presently consists of six hundred fifty two(652) sixty five (665) (08 06 01)miles of paved roads and two thousand six four hundred twenty ninety two(2,622)(2,-190) (08 06 01)miles of gravel roads. In addition,there are currently four hundred eighty seven(487)miles of state highway system and several hundred miles of municipal roads. B. In order to have an efficient transportation system,all jurisdictions should coordinate respective transportation goals and policies. Sec.22-3-80 70 Road classifications. The County's road systems includes arterials,collectors and local roads. It generally serves travel of a countywide nature rather than statewide. The County's road system constitutes routes where predominant travel distances are shorter and speeds are more moderate than those typically associated with the state highway system. See Design Guidelines for New Road Construction at Appendix 24 D in Chapter 24 of this-Cede.the most current Roadway Classification Plan anoroved by the Board ofCountv Commissioners. For characteristics ofthe classifications listed below.refer to the Roadway Classification Plan. Seer-22440. A. Arterial roads. Arterial roads provide for trip lengths and travel densities for substantial or countywide travel. Seme-arterial-read characteristics aro listed in Appendix 22 F. Sec.22-3 100r 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 characteristics of a collector road are located in Appendix 22 F. 63 Sec.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 characteristics of local roads are located 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 anoroved by the Board of County Commissioners. Sec.22-3-430 80. Pedestrian and bicycle paths. A. The involvement of pedestrians and bicycles in traffic is a major safety consideration in highway planning and design. Pedestrians and bicyclists are a part of the roadway environment, and attention must be paid to their presence in rural as well as urban areas. B. The bicycle has become an important element for consideration in the highway design process. Fortunately,it is practical for most of the mileage needed for bicycle travel to be comprised of the street and highway system much as it presently exists. At the same time,measures such as the following,which are generally of low capital intensity, Paved shoulders and other aooronriate desien considerations can considerably enhance the safety and capacity of routes for bicycle traffic .The existine street and hiahwav system shall be utilized. Off road oaths or trails should be encouraged. ill. P yeW shoua'lders.. 2. Wide outside traffic lane(fourteen[11]feet minimum)if not shouldered. 3. Bicycle safe drainage grates. 1. Adjuscns.nc.11avie'cad ars to the grade. 5. Maintaining a smooth,clean riding surface. C. Some municipalities within the County have identified specific pedestrian/bicycle trails. Counties and municipalities adjoining the boundaries of the County have made similar provisions for pedestrian/bicycle paths. The logical extension and development of these trails will eventually lead to increased pedestrian/bicycle activity. Appropriate accommodations must be made on fixture road improvements to ensure safety. The identified bicycle trails being promoted in the County are shown on the recreational/transportation facilities map,the most recent copy of which is on file at the Clerk to the Board's 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. r 64 Sec.22-3440 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.22-3-140 100 Regional plans. Resent 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.22-3420110. U.S.85 corridor. A. U.S.Highway 85 between Greeley Wyoming and the Denver Metropolitan Area is a vital corridor providing a transportation link serving all Central Weld County.from Brighton to Greeley. The many corridors diverging from th D Metropolitan Area 1 ith th i a 'a l a i � , between Interstate 76 and Greeley,a vital lifeline to the Metropolitan Area will bo damaged. B With this trend in mind,the Colorado Department of Transportation has commissioned completed the U.S. Highway 85 Corridor Study to address the ability of the corridor to efficiently move traffic. The Upper Front Range Regional Planning Commission has recommended as its top priority 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. 1-I s County,Adams County,the City of Brighton,the City of Fort Lupton,the Town of Platteville,the Town of Gilcrest; the Town of LaSalle,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 V2)miles east of the City of Greeley,on the north side of Colorado Highway 263,between County Roads 43 and 47. The Airport has been in operation since 1943 and provides the City and County with convenient access to general aviation facilities,particularly business aviation. The Greeley-Weld County Airport is the third busiest general aviation airport in the State,routinely accommodating in excess of one hundred sixty thousand(160,000) operations (takeoffs and landings) per year. The Airport is classified as a general utility airport,capable of accommodating all types of general aviation aircraft. l.B:Giving consideration to the increasing number of annual operations as well as the changing aircraft fleet mix (piston turbine/jet) utilizing the airport, a Master Plan update for runways/building expansion was 65 unanimously adopted by the City of Greeley and the County in January 1991. Prevision was made within this Plan for construction of a new primary north south runway(Runway_6 21),to§e built to an ultimate length of activity and permit safer operations of larger business jets. The construction of Runway 16 34 will meet future • r r• • ...>.:.... :.. ....... •bl ..:.� surr.....d:.... 1....d ......,. 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 Nan regarding other issues of incompatibility. 2.G. 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 Zeae has been established to-control incompatible land use and building height BD. The Tri-County Airport is a small general utility airport/airpark located in southwest Weld County,north of Colorado Highway 7 and west of County Road 3. The Tri-County Airport serves light single- and twin-engine aircraft in Weld,Boulder and Adams counties,conducting approximately fifty thousand(50,000)annual aircraft operations. CE. moo_ r n .. to a ^giro leeated: t _r r r +• e l • :..d:..:d....l 1.....' •1. 1 a •bill d a 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.22-3446130 Rail transportation. A. The County is served by two(2)Class One and one(1)Class Three railroads. A Class One railroad is one(1) A Class Three railroad is one(1)that grosses less than twenty million dollars($20,000,000.00)in revenues a year. BA.The Burlington Northern(BNRR)operates an east/west main line through southeast Weld County,connecting I 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. GB. The Union Pacific(UPRR)operates a north/south double single track mainline with centralized traffic control between Denver and Cheyenne. This line could, in the future, support a nonstop Greeley/Denver passenger operation averaging an hour each way.This corridor could support a passenger operation. UPRR operates fifteen (151 trains per day on its main line. UPRR operates two to four(2-41 trains on its east to west line between LaSalle and Fort Collins. The Colorado State Rail Plan indicates that nine(9)trains a day operate on this mainline_The UPRR also operates an east/west line across southeast Weld County with_a total of four(1)train movements a day. DC. 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. 66 €D.A potential for conflict exists between railroad lines and other land uses within urban growth boundaries and the I-25 Mixed Use Development area. Municipal type uses and services are planned for both of these areas which will increase auto and pedestrian traffic,and the number of noise-sensitive uses. Potential conflicts could be avoided by signalizing or separating crossing points for trains from other vehicular and pedestrian traffic,and separating noise- sensitive uses by distance or utilizing noise abatement techniques. FE. At present, the County's role in mil 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. GF. Weld County encourages the preservation of rail corridors for future transportation uses. These corridors are outlined in the North Front Ranee Transportation Alternatives Feasibility Study. Sec.22-340 140 Transportation goals and policies. The following goals and policies are established for transportation: A. T.1 Goal and policy. 1. T.Goal 1. Provide a unified and coordinated countywide street and highway system, which moves people and goods in a safe,economical and efficient manner. 2.a. T.Policy 1.1. The County should maintain a road classification system so County roads are designed and maintained according to their planned function. B. T.2 Goal and policy. 1. T. Goal 2. A Countywide trail system should be promoted considered to service transportation and I — recreation purposes. 2.a. T Policy 2.1. County subdivisions should consider internal trail systems if appropriate. b. T. Policy 2.2. County subdivisions should consider nrovidinv to links to regional trail systems. if appropriate. C. T.3 Goal and policy: 1. T. Goal 3. Maximize-the The design compatibility of roads, streets and highways should be made in consideration to the accommodation of with adjacent land uses. 2.a. T.Policy 3.1. 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.a. T. Policy 4.1. The County will plan and maintain a transportation system that unifies and coordinates with other state,county,city and community transportation systems. 67 a.b. T. Policy 4.4.2. The number of access points on collector and arterial roads should be kept to a minimum in order to minimize interruptions to traffic flow and to promote safety%era to the traveling public.Local roads shall bo utilized for access to adjoining property. b.c. T.Policy 4.2.3. The County should review and determine that all road,street or highway facilities are adequate in width, structural capacity and classification to meet the traffic demands of any land development. The County will,as a condition of land development,require improvement of roads,streets or highway facilities in proportion to their respective impacts when dictated by traffic demand and land development patterns. e.d. T.Policy 4.14. 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.e. T.Policy 4.45. 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. 68 ARTICLE IV Environmental Resources Sec.22-4-10 Purpose. The condition of the environment has been of increasing concern for the residents of the entire nation and the County. Erosion,sedimentation,reduced water quality,loss of productive farmland and reduced fish and wildlife habitats are a few of the problems which are facing County citizens. Environmental quality is inextricably fed to quality of life and enjoyment of property. In order to preserve a healthy and positive quality of life for County citizens,the following four(4)principles should be considered in all land use issues: A. . Impacts from proposed land uses on air.water.waste,noise and Public health should be considered. B. Prime agricultural land is a limited resource of economic value and should be protected from adverse, enviconeental-imeacts,Environmental impacts should be reduced or mitigated in order to Prevent harm to life, health and property. C. The County shall encourage and promote coordination and cooperation between federal. state and local governmental entities charged with making decisions which may have environmental impacts en land uses and Agricultural land is a limited resource of economic value and should be protected from adverse environmental impacts. D. trnsasts-fram 3-zns::d I .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 efficiently beneficially. B. Theeffeient development of water resources has assisted agriculture,industry,commerce,cities and towns. to effects on water quality and quantity or erosion of land shall be minimized. 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 oa., c a• c r • �-a T a � � r �r•a=,•:T D. considerations-As part of the Larimer-Weld Region.Area wide Water Oualitv Management Plan.Weld County has been identified as the responsible management agency for all areas in the County outside the urban service areas.As a management agency, the County has a responsibility to exercise land use authority based on water Quality considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. This responsibility is partly fulfilled by evaluating water quality considerations associated with land use :...�.is Ch a Ch 23 a c �.• r t • 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. 27a. WA.Policy 1.1. Landscaping using native low water use plants and water conservation techniques is are encouraged. a:b. WA. Policy 1.d-.2. Application for new development should include provisions for adequately handling drainage and for controlling surface erosion or sedimentation within the site itself. b.c. WA.Policy 1.2.3. Applications for new development should consider dual water systems that incorporate separate potable and non-potable water. B. WA.2 Goal and policies: 1. WA. Goal 2. The County will strive to maintain Federal Drinking Water Standards in aquifers which provide drinking water for domestic and public use. 2.a. WA. Policy 2.1. As conditions warrant, applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality. a.b. WA. Policy 2.x.2. Potential groundwater pollution from septic system use shall be minimized by g ^a r i ^a^ ate r rr Applications for new development shall consider the installation and maintenance of managed and advanced treatment septic systems to prevent potential groundwater pollution. b.c. WA. Policy 2.23. 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 water supplies and protect water supply conveyances adequate to sustain prime agricultural land. 2.a. WA.Policy 3.1. The County discourages the diversion of water from agricultural uses.The County will acknowledge water rights as private. a:b. WA. Policy 3.4-.2. 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 public streams water bodies as outlined in the State and Federal Water Discharge Quality Standards. 2 2:a. WA. Policy 4.1. Sediment and debris collection and removal shall be required on. Storm water collection and treatment should be considered for all development. The developer will be required to employ best management practices in the design of all storm water facilities. a:b. WA.Policy 4.4.2.Irrigation ditches shall not be used as outfall points,unless it is shown to be without reasonable hazard and/or the ditch company provides written acceptance of the storm water. b.c. WA.Policy 4.2.3. The developer shall incorporate all Floodplain Management programs and studies Master Drainage Plans into the new development plans. The County adopted the South Weld. I-25 Corridor Master Drainage Plan in November of 1999,and all storm water designs within the Tri-Town and Godding drainage basins shall meet the technical criteria of this report. ad. WA. Policy 4.3.4. The County encourages an overall watershed approach to water quality management issues. d.e. WA.Policy 4.4.5.Animal feeding and dairy operations shall comply with all applicable County,State, and Federal rules and regulations. E. WA. 5 Goal and Policy 1. WA. Goal 5 Development will occur in areas where adeouate water quantity and aualitv is obtainable. a. WA. Policy 5.1. Policy Applications for proposed development will assess available water Quantity and quality. F. WA.Goal 6. 1. WA. Goal 6. The county encourages voluntary long-term leases of water between communities and the agricultural landowner/operator for use as supplemental water supply. Sec.22-440 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 currently causing the most concern in the County are two (2) "criteria should be consistent with these plans. 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. 3 Sec.22-4-50. Air goals and policies. The following goals and policies are established for air: A. A. I Goals 1. A. Goal 1. Maintain National Air Quality Standards and,where practicable, improve air quality in the County. 2.a. A.Policy 1.1. If applicable,land use applications will demonstrate future impacts on current air quality. a.b. A.Policy 1.4.2. Land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal,state,and county statutes,regulations and ordinances. b.c. A.Policy 1.2.3. As a land use regulatory authority,the County is responsible for decisions which to occur within municipalities,urban growth boundary areas and the I 25 Mixed Use Development area, County policies promote proximity of jobs and services to residences. c. A. Policy 1.3. Weld County encourages the use and development of alternative fuels.alternatively fueled vehicles,and modes of transoortation that reduce pollutants. d. A. Policy 1.4. Weld County encourages innovative and creative approaches to alternative energy sources. e. A.Policy 1.5. Open burning is discouraged except for the established practice of"agricultural burning" such as to clear irrigation ditches and fields for farming onerations. 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 I. N Goal I.Minimize the impact of noise on County residents. 2.a. N. Policy 1.1. Land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal,state and county statutes,regulations and ordinances. a.b. N.Policy 1.4.2. The Department of Public Health and Environment will prescribe noise level standards for land use applications when appropriate. 4 ,� Sec.22-440 Waste. A. If managed carefully,waste can have a-positive economic and environmental benefit. Energy production,and recycling and resource conservation are 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.). 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. There are no negative impacts from waste en Waste should be handled in a manner that protects human healthy and the environment both now of and in the future. 2. The availability of quality waste management options,at a reasonable price,exists for County residents long into the both now and in the future. D. Waste is divided into five(5)six(6)subsections as follows: 1. Transfers,processing and diversion. 2. Final disposal. 3. Exploration and production waste. 4. Sludge. Biosolids and Sentaee 5. Hazardous waste. 6. Aericultural 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. 5 2.a. TPD.Policy 1.1. Land use applications will be required to characterize the waste stream associated with the proposed land use. a.b. TPD.Policy 1.4.2. The applicant shall submit a plan to manage waste that is consistent with federal, state and county statutes,regulations and ordinances. B. TPD.2 Goal and policy: 1. TPD.Goal 2. All facilities in the County which handle,collect or process waste will maintain an active role in solid waste management resource recovery of such waste. 2.a.TPD.Policy 2.1. The County encourages haulers and collectors of waste to provide composting and recycling options for customers. Sec.22-4-110 Final disposal. Final disposal is the ultimate management option for waste which cannot be diverted through other options. The County wants to ensure that all final disposal of waste is done in a manner protective of public health and the environment. Sec.22-4-120 Final disposal goals and policies. The following F.1 goal and policies are established for final disposal: A. F.Goal 1. All fmal 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. H.a_F.Policy 1.1. The County shall collect surcharges from final disposal facilities which cover waste- monitoring tasks performed by staff,road maintenance, litter pick-up,public education,household hazardous waste collection or other costs identified by the Board of County Commissioners. -Lb. F.Policy 1.4.2.Compatibility with existing and future land uses(identified at the time of application)must be demonstrated in terms of,including but not limited to,visual impact,pollution prevention,pollution control, traffic,dust,noise,land use scale and density,infrastructure,topographic form geology,operating plans,closure and reclamation plans,and buffer zones. Land use incompatibility eats may become an issue and may require additional mitigation if determined that the final disposal facility site will-cause is causing negative impacts by visually degrading or contaminating other surrounding land uses. environmental impacts. 2.c. F.Policy 1.2.3. Appropriate infrastructure,which provides adequate access to final disposal facilities,is required for approval. 3.d. F.Policy 1.3.4.Applications submitted for final disposal facilities will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes, regulations and ordinances. Applicants must demonstrate adequacy of access roads, grades, leachate and drainage control, liners,fencing,site improvements,reclamation plans,general operations,service area,permitted capacity or air space,buffer zones and other appropriate requirements. 4.e. F.Policy 1.4.5. The County may require new final disposal facility applicants to demonstrate that resource recovery and recycling programs have been adequately studied as an alternative or component. 6 .-'. 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 has observed nuisance conditions violating shall monitor and report violations of state odor regulations and groundwater impacts at E&P waste surface impoundment facilities. C. Ground water contamination must be prevented by following state regulations for cementing wells. including iniection wells.to prevent co-mingling of water.oil. and gas into other formations. Sec.22-4-140 Exploration and production goals and policies. The following goals and policies are established for exploration and production: A. EP.1 goal and policy: 1. EP.Goal 1. The County encourages the minimization and of E&P waste. Further,the County requires the safe disposal of E&P waste. 2.a. EP. Policy 1.1. Due to the level of impact from and increasing public concern about surface impoundments,other alternatives for disposal shall be considered. B. EP.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.a. EP.Policy 2.1. In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County shall impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources. a.b. EP.Policy 2.4-.2. 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 waste Biosolids and septage. Like other wastes,bio-solids and septage waste can have negative impacts on human health and the environment. Improper disposal of bio-solids 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 I. In order to prevent contamination of groundwater or other water caused by the improper application, 7 B. S. Policy 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. 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.a. S.Policy 1.1. All biosolids and septage land application permits will be reviewed by the Department of Public Health and Environment for compatibility with the County Code. a.b. S.Policy 1.2. Weld County requires the appropriate land application for disposal of biosolids and septage. Sec.22-4-170. Hazardous waste. Hazardous waste can pose unacceptable levels of risk to human health and the environment. Improperly managed hazardous waste has led to public health disasters around the world. In addition, Household Hazardous Waste (HHW),such as paint is 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.1. H.Goal 1. The County encourages the minimization and careful collection of hazardous waste. Further,the County requires the proper disposal of hazardous components,products and waste. 14.a. H. Policy 1.1. All County producers of regulated hazardous waste and users of regulated hazardous materials constituents will comply with federal,state and county statutes,regulations and ordinances regarding use,reporting,storage and disposal of regulated hazardous waste or products. -l.b.H.Policy 1.4.2. Because of the risk possibility of permanent damage to life,health and the environment, and because the County continues to demonstrate an increasing population base,permanent and final regulated hazardous waste disposal facilities shall net be located discouraged in the County. • c. H.Policy 1.3. The county shall maintain it's Household Hazardous Waste fHHWI Program. Sect. 22-4-190. Agricultural waste. A by-product of being one of the country's largest producers of agricultural products is the generation of a large amount of agricultural waste. Agricultural wastes result from the rising of crops or animals. including animal manures. that arc returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural wastes can impact Public health. Agricultural wastes must be mauraeed and Processed anmmnriately to protect human and environmental health. 8 ^. Sect. 22-4-200. Agricultural waste goals and policies. The following goals and policies are established for agricultural waste: 1. A.Goal 1. Human and environmental health impacts from agricultural wastes will be minimized by appropriate handling.storage.and processing nrrctices. a.A. Policy 1.1. Weld County encourages the composting of agricultural wastes. b.A. Policy 1.2. Weld County encourages the incorporation of"Best Management Practices"when managing agricultural wastes. 9 ARTICLE V Natural Resources r Sec.22-5-10. Purpose. A. Because natural resources are limited,it is critical that a balance be obtained struck between development snnce increased arowth and the natural areas within the County.. Each land use change effects often has an unanticipated effect on the environment which may Produce undesirable results. Shifts in land use may result in negative impacts to valuable natural resources on site.on neighboring lands., or may cumulatively affect broad landscapes. Erosion sedimentation,reduced water quality, loss of productive farmland and reduced fish and loss-ef-EllialitN wildlife habitat are a few of the problems which are facing Weld County.citizer 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 or.in the very least.costly to repair.of any natural resource alters the usefulness 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. However,this dons not mean that these are the only environmental quality and natural importance they have on the natural environment, and the Quality of our lives. These sections do not attempt to 4neornpe.aa cc cry natural issue,instead they attempt to address The major current areas of importance are: wildlife; open space park and recreation; general resources; commercial and mineral deposit resources; and oil and gas resources. Sec.22-5-20. Wildlife. The abundance of wildlife in the County is an important contributor to the economic health and quality of life in the County. The acquisition of properties to provide public hunting and fishing and watchable wildlife opportunities,and to manage 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 suonly is necessary to encourage the social and economic benefit the County receives from this resource. Mao 5.Wildlife Areas—Existing.. the most recent cony 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 acres of private lands are managed for and/or leased to provide outstanding hunting.fishing.boating and other outdoor recreational activities. Maintaining intact.hieh Quality wildlife habitat in sufficient Quantity is necessary to encourage the social and economic benefit the County receives from this resource. To reduce the negative impact of fragmentation. it is essential to maintain intact .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: 76 A. W.1 goal and policies: 1. W. Goal 1. New development should be located and designed to presetye conserve critical ecosystem components,including wetlands.significant wildlife habitats and migration corridors. of riparian habitat, 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 and in quantities sufficient to support a species. 2.a. W.Policy 1.1. Development and design of land uses which require drainage,excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect waterfowl-areas key wildlife habitat. a.b. W.Policy 1.4.2. Conflicts with fish and wildlife habitats and migration routes shall be considered in land development. Developments adjacent to rivers and streams,waterfowl areas and important or critical wildlife areas should incorporate reduced densities,adequate setbacks and buffered areas as prescribed by b.c. W.Policy 1.2.3. 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. threatened or endangered species. species of special concern. critical B. W.2 goal and policies: 1. W.Goal 2. Traditional wildlife uses such as hunting,trapping and fishing in agricultural and nondeveloped portions of the County are beneficial. The County supports the maintenance of these wildlife uses. M authorized hunting and trapping clause is incorporated in the Right to Farm statement - 22. W. Policy 2.1. The effect of proposed development upon wildlife and habitat should be evaluated. Loss of critical ignificant habitat should be mitigated. The County will maintain maps of known significant wildlife habitats. a.b. W.Policy 24.2.The integrity of movement in wildlife corridors should be preserved conserved. b.c. W.Policy 2.23. 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. • human needs.- Oran op.e:. Ir. used for the production of crops and raising of livestock. Open space is used for also supports wildlife which in turn provides enjoyment for County citizens. A. Onen space is essentially unimproved and set aside.dedicated.designated.or reserved for public or private use.or for the use and eniovment of its owners or occupants. Privately oilied lands are not guaranteed to remain traditional unimproved lands.hut can be converted by the individual land owner to oilier uses through die approtniatc land use process. Reference Section 22--2-10, E. 77 and Outdoor Recreation,municipalities,schools and recreational districts. The County currently operates one(1) County. B. Park facilities and recreational programs in the County are planned and operated by the Federal Government, State Division of Parks and Outdoor Recreation, municipalities, schools and recreational districts. The County currently operates one (I) small regional park near the City of Greeley,is considering developing other open space opportunities throughout the County,and encourages the use of the Pawnee National Grasslands and Crow Valley Recreational Area. C. The County contracts with the City of Greeley to manage the Island Grove Regional Park 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. In addition to those facilities,the County currently owns and cap rotas,;:.'✓orate sand and gravel pits. These mine sites vary in size from 56.6 to 105.7 acres. Ono(1)of these sites,located in the I 25 Mixed Use Development area,currently is in the process of being developed into a regional park for the benefit of the residents of southwest Weld County. Special attention has been directed toward encouraging parks, trails and recreational facilities of varying size and function along rivers,creeks and streambeds. Currently,the County is working with the City of Greeley and the Town of Windsor to develop the Cache la Poudre Trail. The Cache la Poudre Trail follows the Cache la Poudre River from Island Grove Regional Park westward to the Larimer County line. It is the goal of the Cache la Poudre Trail Advisory Board to provide a multi modal transit system for the northern region of the County. D. Special attention has been directed toward encouraging narks.trails and recreational facilities of varying size and function along rivers.creeks. streambeds and native national grasslands. D.E The central theme of the County's open space goals and policies is to the adoption of goals and policies which-can minimize conflict between areas for open space and when development. The open space and natural resource management goals and policies found in Section 22-5-50 below currently function as the only open space plan for unincorporated Weld County. Each municipality within the County has been asked to include an open space vision of lands into their urban growth boundary agreements. These agreements will further enhance the open space policies set forth in Section 22 5 50 below,allowing for a unified regional approach for open space development. while considering the private property rights of individual land owners.within their urban growth boundaries. i} F The County has not historically been involved in land acquisition for open space or parks. The Great Outdoors Colorado Trust Fund and several other funding opportunities in the State are making acquisition and maintenance of open space far more feasible for county governments. The County is currently addressing the need to provide open space opportunities for residents of the County and hopes to produce a regionally influenced open space plan for the County. Sec.22-5-50. Open space,parks and recreation goals and policies. The following goals and policies are established for open space,parks and recreation: A. O.1 Goal and policies: 1. O.Goal I. pia,;e.,l d.Promote the location of nark,recreation and oven space areas in Iloodnlain,seen areas.wetlands.eeolouical(huh areas curd nonproductive agricultural areas. Promote asicultural use of prime at<icultural land. 78 2.a. 0.Policy 1.1.Encourage the location of park,recreation and open space in floodplain,seep area, geological fault areas and other nonproductive agricultural areas.-Encourage agricultural use of productive aaricultural land. a.b. 0. Policy 13-.2. Discourage Encourage uses such as ether-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. B. 0.2 goal. 1. 0.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 measures for the protection of such areas or enhance critical lish and wildlife habitat by attemnliue to implement measures for the protection or enhancement of such areas. C. 0.3 Goal and policy: 1. 0.Goal 3. Land use activity proposed for areas designated as open lands,or for visually prominent areas, should preserve,enhance and or maintain significant or unique natural land features.,including streams,lakes, ridges, valleys,meadows, large tree clusters,rock outcroppings and drainage. 2. • 0. Policy 3.- Stabilization and landscaping of final landforms shall be required and runoff controlled to historic levels. D. 0.4 goal. 1. 0.Goal 4. Development improvements should minimize visual scarring from grading,road cuts and other site disturbances and should integrate new landscaping with the existing natural landscape.-Imaddition, 2.a. 0. Policy 4.1.sStabilization and landscaping of final landforms landscaping should be assured shall be required and runoff controlled to historic levels. a.b. 0. Policy 4.2 Continuous maintenance of new landscaping should be assured. E. 0.5 goal and policies: 1. 0.Goal 5. The County will strive to conserve significant stands of trees and shrubs,large expanses of mania-grasses and unique forms of vegetation and land areas. 2. 0.Policy 5. The County will work to reduce the proliferation of noxious weeds in an environmentally sound manner in compliance with state laws. strive to conserve significant stands of tress and shrubs and unique forms of vegetation. a. 0. Policy 5.4=1. Significant stands of healthy vegetation shall be identified during the land review process. Identified Critical stands will should be preserved whenever possible. Improvements should be located to minimize the removal of vegetation. b. 0.Policy 5.1.2. Attractive Compatible,drought-tolerant landscaping should be strongly encouraged in all land use documents proposals. c. 0. Policy 5.2.3. Drainage channels should be designed to incorporate natural vegetation and be constructed to conform to the natural landscape; channelization of natural drainage ways is strongly discouraged. 79 F. 0.6 goal. 1.0.Goal 6. The County shall encourage the eradication of noxious weeds in an environmentally sound manner. In compliance with state laws. a.0.Policy 6.1.The County will maintain a public education program regarding the eradication of noxious weeds. G. 0.7 Goal and policy. 1. 0. Goal 67 7. Provision should be made for open space in order to to meet human needs throughout the County in order to protect and enhance the quality of life and enjoyment of the environment. a. 0.Policy 7.1. When oven snace is not available.mitigation should he encouraged as an alternative. 14. 0.8 Goal 1. 0.Goal 7 8.Adequate parks and recreation facilities should be encouraged throughout the County and should be interconnected integrated whenever suitable. I. 0.9 Goal and policy: 1. 0.Goal 8. 9. Public ()open space should be promoted gene as a means for protecting from development those areas,which have significant environmental,scenic or cultural value. 2.a. 0. Policy 8. 9_l. When alternatives are not available, this Chapter and Chapters 23 and 24 of this Code should encourage mitigation as a tool for decreasing negative impacts to natural resources. Compensation for the acouisition of privately owned land for public open space will he required., I. 0.9 10 Goal. 1. 0.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.a. 0. Coal 9 Policy 10.1. Development of trails should avoid negative impacts to critical wildlife habitat. J. 0.40 11 Goal. I. 0.Goal .40 11. Whenever possible,open space within a development should be connected to existing visual qualities can be maintained.Open space within a development should be connected to existing adjacent open space. Sec.22-5-60. General resources. In this Plan,general resources has been divided into two(2)subcategories: Commercial/Mineral Resources which cover those minerals under Title 34,and oil and gas minerals detailing oil and gas production in the County. r-� 80 Sec.22-5-70. Commercial and mineral resources deposits. A. This Section has been developed in conformance with Title 34,Article 1,Section 304,C.R.S. This Chapter is intended to provide appropriate goals and policies to utilize the County's mineral resources,ensuring that adverse environmental effects resulting from surface mining operations are minimized. The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel have an economic affect on the general construction and highway construction industry. B. In some instances,sites containing significant quantities of mineral deposits are located in areas characterized by other land uses and natural resources. Because the uncontrolled operation of a mine site has the potential for adversely affecting surrounding land uses,roads,residents and the environment,a specialized use by special review permit is required in accordance with Chapter 23 of this Code. C. As of 1987,the mineral resources known to be located in the County include sand and gravel,coal and uranium. The maps, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services,illustrate the wide distribution of minerals within the County. These mineral deposits vary greatly in quantity and quality. D. Most of the high-quality sand and gravel deposits in the County are found along major drainage,either under the flood plains or in adjacent stream terraces. Some lower quality deposits are found in older alluvial deposits. Aeonian sand deposits can be found in some upland areas. A major portion of the County is underlain with coal. This coal forms a portion of the Boulder-Weld field,which is included in the Denver Basin coal region. Portions of the County,north of Colorado State Highway 14,have been tested and have shown occurrences of uranium deposits. Currently,there are no producing uranium mine sites in the County. 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.a. CM.Policy 1.1. Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall,by zoning,rezoning,granting a variance or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. B. CM.2 Goal and policy: 1. CM.Goal 2. Promote the reasonable and orderly development of mineral resources. 2.a. CM. Policy 2.1. The operation of a mine site in unincorporated Weld County shall be subject to obtaining a specialized use by special review permit in accordance with Chapter 23 of this Code. C. CM.3 Goal and policy: 1. CM. Goal 3. Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. 81 -. 2.a. CM.Policy 3.1. An application for a mine site located within the County,an urban growth boundary agricultural area should be reviewed in accordance with the goals and policies of the area in which the application is located. b. CM. Policy 3.2. An application lbr a mine site will be reviewed in consideration of the cumulative impacts of the mining activity on surrounding land use and County infrastructure. D. CM.4 Goal and policies: 1. CM. Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 2.a. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining operation,the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties as follows: a. CM. Policy 1.1. 11 Requiring Require the location and design of excavated areas, structures, machinery,equipment storage and stockpiling of mined materials to be compatible with surrounding land uses in terms of: general use,scale,density,traffic,dust and noise. b. CM.Policy 1.2.1)Maintaining Require maintenance of roadside and perimeter vegetation and setback requirements which serve to shield mining operations, including storage of equipment, stockpiled soils and materials from public view. a. CM. Policy 1.3. 1) Requiring Require that access roads to and within the site be located in a manner,which minimizes traffic impacts on surrounding land uses. d. CM.Policy 1.4.4)Requiring Require the land use applicant to demonstrate,to the satisfaction of the Board of County Commissioners, that the street or highway facilities providing access to the mining activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed mining activity. Internal road circulation, off-street parking, dust abatement,acceleration lanes,deceleration lanes,common access collection points,signalization and other traffic improvements shall be required,wherever necessary,to mitigate traffic impacts caused by the mining activity. Applications for mining should also be reviewed in accordance with the transportation goals and policies. e. CM.Policy 1.5.)Requiring Require where possible,that batch plants and processing equipment be buffered from adjacent uses. £ CM.Policy 14.j Requiring that Require appropriate security fencing be erected and maintained around extraction sites,as necessary,to minimize the attractive nuisance hazards inherent in operations located near urban uses. g. CM. Policy 1.7. 7)Requiring Require mining operations to use warning signs,fences, guards, lighting and other means to warn and protect people from mine site hazards such as steep slopes,holes, ponds and heavy equipment. h. CM.Policy 1.3.n Ensuring that.Require that all mining operations conform to federal,state and local environmental standards. 82 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.a. CM.Policy 5.1. The County should consider the potentially adverse environmental effects of mining operations. and generally require: and eenerally require: a. CM. Policy 5.1. I)Disturbance of vegetation and overburden in advance of mining activities should be minimized. b. CM.Policy 5.2.2)Topsoil should be saved and utilized in site reclamation. c. CM.Poli y 5.3.2)All reasonable and practical measures should be taken to protect the habitat of fish and wildlife. d. CM.Policy 5.1.LI)The operation should comply with County flood hazard and geological hazard regulations. e. CM. Policy 5.5. The final reclamation of the mine site should return the land to a form and productivity that is in conformance with the established comprehensive plan for the area. f. CM.Policy 5.G.)The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is reestablished. g. CM.Policy 5.7. 5)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 minerals and oil and ca resources should oreserve conserve the land and minimize the imoact on floricultural 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 most intensive recent drilling activities coincides, set of local regulations tz has r_'va a,.actly where conflicts arise between the state statutory purposes and local regulations,and there is still debate as to what standard the Court should actually apply in determining conflicts. 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 83 1. OG.Goal 1. Oil and gas exploration and production should occur in a manner which minimizes the impact r to agricultural uses and the environment, and reduces the conflicts between mineral development and current and future surface uses. 2.a. OG.Policy 1.1. The County should encourage cooperation,coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate. a.b. OG.Policy 1.4.2. New planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated. b.c_OG. Policy 1.2.3. Oil and gas drilling activities should be planned to take into account current and future surface planned unit development and subdivision activities to the extent such development can reasonably be anticipated. e.d.OG.Policy 1.3..4. The County will seek the imposition of protective measures through available state, county and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts. e. OG.Policy 1.4.5. Oil and gas support facilities decisions,which do not rely on geology for locations, shall be subjected to review in accordance with the appropriate section of this Plan. e.f_OG.Policy 1.4.6. Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use,and mitigates the impact on future land uses. Well sites should be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existence of improperly abandoned or unlocated equipment,such as wellheads or flow lines. B.0G2.Goal. 1.OG. Goal 2. The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land. C. 003. Goal. I. OG Goal 3. Ground water contamination must be prevented by following state regulations for cementing wells. including iniection wells. to prevent commingling co-mingling of water. oil. and gas into other formations. r 84 APPENDIX 22-A r^ Population Distribution,Percentage Based I arb c; t �vA1fil./ 0 1 /'1 Population Characteristics/Weld County and the State of Colorado:Multiple Race Categories-4990-2000 Weld County Colorado Race 1990 2000 Percent Change 2000 1990-20011 White 117 247 147 834 21% 3 560 005 Black or African American 567 1 022 45% 165 063 1 American Indian and Alaska Native 785 1 581 51% 44 241 1 Asian 1 133 1,508 225% 95.213 1 Native Hawaiian&Other Pacific Islander 90 150 40% 4 621 1 Some other race 12 089 24 044 50% 309 931 Two or more races n/a 4 797 n/a 122.187 County Residential Population I1970 1980 1990 2000 I 89.797 123,438 131,821 186036 (Source: Colorado Department of labor and Employment, 1994) r Population Characteristics/Weld County and the State of Colorado-1990 2000 • WELD COUNTY COLORADO I N % If MALE 6363,$89 49.446 16,295 49.546 90,717 50.1°_/0 2,165 983 50.4% I FEMALE 66,732 30.6% 4,66-c6'3,099 50.5% 9_0,219 4.9.9% 2.135.278 49,6% I UNDER 5 40;389 7-9% 252,893 7.7% 14,047 7.8% 297.505 6.9% 13--17 26;624 20.2°'. 60&37-3 18.5°/ I 148-64 84;354 61.7% 2,103,685 63,9% 15-14 28576 15.8% 619 925 14.49% 15-34 58 094 32.1% 1,277.503 29.6% 135-64 63979 35.3% 1,690,255 39.3%1 165+ 13,454 10.2% 329,443 40$%I 16 240 8.9% 416.073 9_7% —.;; I TOTAL 131,821 18-0.936 3,294.394 4,301,261 I I Median Age 30.5 30.9 324 34.3 I Total Households 41,470 63.247 1,282,4891.808 037 11 j I Persons per Household 369 2.74 344 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 State 1940 I 19511 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' $411853.00' '1997 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 I Farmland 2,086,292 81.0 I Forest Service(primarily Pawnee National Grasslands) 193.060 8.0 Urban-Type Development Commercial 9,980 .4 Industrial 2..168 .09 I 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. 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 1 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 Keenesbure 333.99 Kersey 242.89 LaSalle - 344.35 Lochbuie 381.72 Longmont 160 Mead 435.74 Milliken 2,627.81 New Ravmer 356.04 Northeleno 623 Nunn 640 Pierce 390 Platteville 421 Severance 148 Thornton 69.55 Windsor 3,223.45 APPENDIX 22-D Weld County Population by Municipalities 1980 1990 1993(Est) 20(10 I i WELD COUN7v 123,438 131,821 143,824 18O 936 Ault 1,056 1,107 44333 1432 Berthoud(MCP) - - 16 Brighton(MCP) - 17 4-7 154 Broomfield(MCP) - 4 6 10 Dacono 2,321 2,228 3;334 3015 Eaton 1,932 1,959 2;1.0 2690 Erie 1,231 1,244 1,121 2 O09 Evans 5,063 5,877 6380 9.514 Firestone 1,204 1,358 4,460 1,908 Fort Lupton 4,251 5,159 5,438 6 787 Frederick 855 988 1,142 2.467 Garden City 123 199 309 _ 357 Gilcrest 1,025 1,084 }}42 1162 Greeley 53,006 60,454 64,908 76,930 Grover 158 135 444. 155 Hudson 698 918 984 1.565 Johnstown 1,535 1,579 },.680 3 827 "� Keenesburg 541 570 638 855 Kersey 913 908 4,038 1 389 LaSalle 1,929 1,803 4484 1849 Lochbuie 895 1,168 3;324 2,049 l` Longmont(MCP) - - _ 24 Mead 356 456 527 2017 I Milliken 1,506 1,605 4494 2,888 New Ramer 80 98 403 91 Northglenn(MCP) - - 40 12 Nunn 295 324 344 471 Pierce 878 823 869 884 Platteville 1,662 1,515 4444 2 370 Severance 102 106 424 597 Thornton - - - - Windsor 4,277 5,062 5,937 9,612 Unincorporated 35,542 33,001 36x64 I 41.832 MCP. Only those portions located within Weld County. Source: Colorado Division of Local Government—Demographic Section. Source:U.S.Census Bureau. Date Set:Census 2000 Redistricting Data(Public Law 94-171)Summary File. r 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 I mosquitoes:hunting and tramping 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. Pronertv owners and residents cannot take water from irrigation ditches. lakes or other structures unless they have an adiudicated right to the water. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County and the distances which must be traveled may delay all emergency responses,including law enforcement,ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must,by necessity,be more self-sufficient than urban dwellers. Children 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 I traffic,sand bun,puncture vines,territorial farm dogs and,livestock and open burning present real threats te-children. 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. Aar EEDIY.2:2 r Transportation Definitions Arterial-Roade substantial statewide or Countywide travel. Some arterial road characteristics are as follows: Paved arterials will normally have an ADT greater than 1,000. Arterials will be designed for a speed of 55 MN I. provided only for hardship cases or for high traffic generators. Direct accesses will usually be limited to incoming collector roads, i.e.,one(1)crossroad intersection per mile. substantial statewide or County wide travel. Collector-Ready • • • • • • well as travel of primarily a Countywide nature. The characteristics of a collector road are: -•• Paved collectors will normally have an ADT of 200 to 1,000. r Direct accesses will bo limited to six(6)per mile. New individual lot access will be permitted in hardship cases. A distance of 1,025 feet will be maintained between crossroad intersections whenever practical. roadway. Collectors 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. Collector roads serve travel of primarily a Countywide nature. beeal-Reeds developed area and lead a into a collector road at a single point of access. Local County roads are designed for lower speeds and lower traffic volumes. Local roads will be designed for a speed of 35 MPH. Not more than one(I)access per lot/legal parcel shall be permitted. zmx�a-gvvco � • use of accesses shall be encouraged. The minimum distance between any two(2)road intersections should be not less than 500 feet. In general,the design of new reads should allow for sufficient distance between intersections to allow motorists to through traffic. Reference is made to the AASIITO Manual on Geometric Design ofHigkh. All;al:..c.,: Local roads provide direct approaches to individual or other properties. A local road should move the traffic from a developed area and lead it into a collector road at a single point of assess Local County roads are designed for a lower speed and a lower traffic volume. APPENDIX 22-F TAX LIMITATIONS Property taxes arc the primary source of revenue to operate Weld County government. The county Home Rule Charter and the state TABOR and Gallagher amendments limit the amount of tax generated revenue that can be collected each, year. • Weld County adopted the Home Rule Charter in 1975. which limits increases in tax revenue to 5% per year. This limitation may be circumvented if the County Council deems it necessary by granting an increased mill levy. There are some regulations the County Council must follow in granting this increase. If the County Council fails or refuses to act, or increases the mill levy beyond its authorization, the question of increasing the mill levy may be submitted to the qualified electors of the county at a general or special election. The state TABOR amendment operates somewhat like the county Home Rule Charter in that it limits the amount of increase in property tax revenue from year to year. The TABOR amendment limitations may also be changed or eliminated by a vote of the people. The state Gallagher Amendment provision in the 1982 Amendment 1 stabilized the share of residential assessed value in the total statewide property tax base at approximately forty-five(45%l. 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%1 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 cross density exceeding one(1)unit Der acre that are located in close proximity to existinc PUD's.subdivisions.municipal boundaries, urban erowth corridors and boundaries, or can be served by adequate infrastructure. utilities and urban services. All Urban Scale Developments shall nave the internal road systems of the developments. Urban Scale Development reauires utilities and services such as central water. sewer systems. road networks_ parks and recreation facilities and programs. and storm drainaee. Non Urban Scale Develonment: Developments with a minimum overall cross density less than one(l)lot per acre comprised of residential lots. Non urban scale development shall also include land used.or capable of beim!used.for acricultural production and includes developments which combine clustered residential uses and acricultural uses. in a manner that the aericultural lands are suitable for farming_and ranchinc 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(l)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(I)acre and a maximum overall gross density of 2'/2 acres per lot. Developments proposing individual wells and septic systems shall have a minimum lot size of 2 '/ acres Der lot. APPENDIX 22-H Mixed Use Development Area(MUD)Land Use Plan Distribution Table 22.4 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 or Intensity 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 avenge 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 avenge 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 r Sources 1. Census of Population and Housing. (1990). U.S. Department of Commerce Bureau of the Census. 2. Census of Ponulation Characteristics., (2000). U.S. Department of Commerce Bureau of the Census. 3. Census of Ponulation 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 follows: 24-7-10 F. All developers of subdivisions should be encouraged to develop a Home Owners Association. 24-7-20 B. There shall he no duplication of street names in the unincorporated portions of the County. 24-7-20 H. Centralized Gathering Area. A centralized gathering area may be incorporated into the site design of subdivisions to accommodate public transit stop. school bus stop, and mail delivery. etc. 24-7-95 Addressing. Each lot shall be addressed clearly at the street. Once a structure is erected on site. the structure shall also be clearly addressed. 24-7-20 E.1 Road design within subdivisions should consider various traffic calming techniques for the proiected use of the road. Traffic 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 particular area. All reference to prime agricultural land. ag.etc.. should be evaluated in other chanters if changes in Chapter 22 Committee Recommendations for Department Procedural Guides Applicants for development shall fully disclose the quantity available and source of domestic and non-domestic water to service the proposed development during the land-use application process. Information regarding the quantity and quality of water shall he provided to the Department of Planning Services during the application process. The applicant shall disclose such information to future residents of the applicant site as a note on the plat and through covenants for subdivisions. 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/Purchase of Development Rights program for 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 occupancy. 4. Encourage the appropriate enforcement of existing codes. Smart Growth Overview http://www.smartgrowth.org/about/overview.asp?res=1024 Smart Growth O n I i n eA Service of the Smart Growth Network New Partners for Smart Growth Conference Valve TIIIIImmommum lien Ar.. . �. :..; Building Safe Healehy. • �„t y+ and Livable Communities w '! '" C # III if la,,.2ue.xooi.sv,Die go,to ° A tita Q° °� r.r ,{i + , 6 Search: - - Smart Growth Overview IN THE NEWS HOME FREE weekly _.m___ ___ _..____ e-news ABOUT SMART GROWTH In communities across the nation, there is a growing concern Subscribe Now! Overview that current development patterns-- dominated by what some call Principles Issues "sprawl"--are no longer in the long-term interest of our cities, Denver to Require existing suburbs, small towns, rural communities, or wilderness Affordable Housing in SMART GROWTH NETWORK areas. Though supportive of growth, communities are Ten Percent of New questioning the economic costs of abandoning infrastructure in Developments NEWS the city, only to rebuild it further out. They are questioning the MORE social costs of the mismatch between new employment locations in the suburbs and the available work-force in the city. They are Outer Beltway RESOURCES Connector Road Still an __ questioning the wisdom of abandoning "brownfields" in older Option for D.C. communities, eating up the open space and prime agricultural MORE CALENDAR lands at the suburban fringe, and polluting the air of an entire region by driving farther to get places. Spurring the smart growth Florida's High-Speed CONTACT US movement are demographic shifts, a strong environmental ethic, Rail Authority ®""`.... increased fiscal concerns, and more nuanced views of growth. considering SITE MAP The result is both a new demand and a new opportunity for Cost-Saving Measures smart growth. /"—• EMAIL TO A FRIEND Sacramento Bee v. ® ... . Smart growth recognizes connections between development and Completes Series on quality of life. It leverages new growth to improve the community. California Gridlock and DATEBOOK The features that distinguish smart growth in a community vary Smart Growth from place to place. In general, smart growth invests time, MORE 1/15/2002 attention, and resources in restoring community and vitality to Smart Growth Speaker center cities and older suburbs. New smart growth is more Series:Why Johnny Can't Walk to School town-centered, is transit and pedestrian oriented, and has a Speakers Audio Archive greater mix of housing, commercial and retail uses. It also preserves open space and many other environmental amenities. Other Smart Growth But there is no "one-size-fits-all" solution. Successful Events: 1/16/2002: communities do tend to have one thing in common--a vision of Energy Srvcs Coalition where they want to go and of what things they value in their Wksp#1:How to Set Up community--and their plans for development reflect these values. an Energy Services Coalition Chapter in Your State Text from executive summary of Why Smart Growth:A Primer by International City/County Management Association with Geoff 1/17/2002: Anderson, 7/98. ESC Wksp#3:Intro to the Cleaner and Greener(sm) Certification Program ArtOrrowto This web site is a subset of htto://www.sustainable.org, developed and maintained by the Sustainable Communities Network (SCN), and supported with funding from the US EPA. Copyright© 1996 - 2001 -All rights Reserved �.. iami EXHIBIT 8 01/09/2002 10:26 AM Z./ Principles of Smart Growth http://www.smartgrowth.org/about/principles/default.asp?res=1024 Smart Growth O n I i n eA Service of the Smart Growth Network NC P liners lor Conference eo Smart !�� ' Building Safe,Ilealchy, ' b'' `x- i_� �t and Livable Communities t+ L�+,-�e t'I ' r - g i4 ` r F ` ]t-16.3401•San Diego.CA '`'"ri D Search: Principles of Smart Growth IN THE NEWS HOME FREE weekly .__ e-news ABOUT SMART GROWTH • Create Range of Housina Opportunities and Choices Subscribe Now! Overview Providing quality housing for people of all income levels is Principles an integral component in any smartgrowth strate Issues g p gy' Denver to Require Affordable Housing in SMART GROWTH NETWORK • Create Walkable Neighborhoods Ten Percent of New Walkable communities are desirable places to live, work, Developments NEWS learn, worship and play, and therefore a key component of .. _ ...... ___. smart growth. Outer Beltway RESOURCES Connector Road Still an • Encouraae Community and Stakeholder Collaboration Option for D.C. MORE CALENDAR Growth can create great places to live, work and play-- if it ...__ ... _ responds to a community's own sense of how and where it CONTACT US Florida's High-Speed Wants to grow. Rail Authority Considering SITE MAP Cost-Saving Measures • Foster Distinctive. Attractive Places with a Strona Sense of MORE �-. EMAIL TO A FRIEND Place Smart growth encourages communities to craft a vision and Sacramento Bee set standards for development and construction which Completes Series on respond to community values of architectural beauty and California Gridlock and DATEBOOK distinctiveness, as well as expanded choices in housing Smart Growth and transportation. 1/15/2002 MORE Smart Growth Speaker Series:Why Johnny Can't • Make Development Decisions Predictable. Fair and Cost Walk to School Effective Speakers Audio Archive For a community to be successful in implementing smart Other Smart Growth growth, it must be embraced by the private sector. Events: 1/15/2002: Energy Srvcs Coalition • Mix Land Uses Wksp#1:How to Set Up Smartgrowth supports g an Energy Services the integration of mixed land uses Coalition Chapter in Your into communities as a critical component of achieving State better places to live. 1/17/2002: ESC Wksp#3:Intro to the • Preserve Ooen Space. Farmland. Natural Beauty and Cleaner and Greener(sm) Critical Environmental Areas Certification Program Open space preservation supports smart growth goals by bolstering local economies, preserving critical environmental areas, improving our communities quality of life, and guiding new growth into existing communities. • Provide a Variety of Transportation Choices Providing people with more choices in housing, shopping, communities, and transportation is a key aim of smart /^ growth. • Strengthen and Direct Development Towards Existing I of 2 01/09/2002 10:26 AM Principles of Smart Growth http://www.smartgrowth.org/about/principles/default.asp?res=1024 Communities Smart growth directs development towards existing communities already served by infrastructure, seeking to utilize the resources that existing neighborhoods offer, and conserve open space and irreplacable natural resources on the urban fringe. • Take Advantage of Comoact Buildina Desian Smart growth provides a means for communities to incorporate more compact building design as an alternative to conventional, land consumptive development. Return to Too 0411 MAR1`GROWTH This web site is a subset of htto://www.sustainable.ora, developed and maintained by the Sustainable Communities Network (SCN), and supported with funding from the US EPA. Copyright© 1996 -2001 -All rights Reserved 2 of 2 01/09/2002 10:26 AM Smart Growth Online Overview of Issue Areas http://www.smartgrowth.org/about/issues/default.asp?res=1024 Smart Growth O n I i n eA Service of the Smart Growth Network New Partners for Smart Growth Conference 1 . Building Safe,Healil y,. � sop `"` _ "r1 and Livable Communities • } + { I ( t 0114' I I I Ili jar 24-26.2001•San Diego,CA Fr k w iY r4 r 9, 44 Search: Sn I ':!" Ifi^gait A Y aMn. ......... ...___ Overview of Issue Areas IN THE NEWS HOME FREE weekly e-news ABOUT SMART GROWTH In addition to the many resource areas (bibliographies, Subscribe Now! Overview documents, etc.) in the Smart Growth Network website, specific Principles topics of smart growth are organized into 7 issue areas that each Issues contain overviews and on-line resources. (Click on the issue Denver to Require area name to go to that page) Affordable Housing in SMART GROWTH NETWORK Ten Percent of New Developments • Community Quality of Life MORE NEWS Smart growth offers a framework to build community and help create and preserve a sense of place. It does this Outer Beltway RESOURCES through housing and transportation choices, urban green Connector Road Still an "' spaces, recreational and cultural attractions, and policies option for D.C. MORE CALENDAR and incentives that promote mixed-use neighborhoods. Florida's High-Speed CONTACT US • Design Rail Authority Smart growth creates communities that offer health, social, Considering SITE MAP economic, and environmental benefits for all. It achieves Cost-Saving Measures MORE this by promoting resource-efficient building and community ,r EMAIL TO A FRIEND designs, green building practices, low-impact development, Sacramento Bee and mixed-use and walkable neighborhoods. Completes Series on California Gridlock and DATEBOOK • Economics Smart Growth MORE Smart growth encourages community-based small 1/15/2002 business investment and development, adds to the variety Smart:Why Johnny Speaker Cr of local employment o opportunities, and helps attract new Series:WhyJohnnyCan'tPP P Walk to School businesses and industries. More efficient government Speakers Audio Archive services are key to this, as are public and private investments that focus on quality of life improvements. Other Smart Growth Events: 1/16/2002: • Environment Energy Srvcs Coalition Set #1:How to Set Up Many of our current environmental challenges—air and an Energy Services water pollution, global warming, habitat fragmentation and Coalition Chapter in Your conversion —are due in part to the way we have built our state neighborhoods, communities, and metropolitan areas 1/17/2002: during the past half-century. ESC Wksp#3:Intro to the Cleaner and Greener(sm) • Health Certification Program Smart growth reduces health threats from air and water pollution and indoor air contaminants through resource-efficient building design and offering transportation options such as mass transit, bike lanes, and pedestrian walkways. These engage residents and workers in a more active, healthy lifestyle. • Housing Smart growth promotes housing options for diverse lifestyles and socio-economic levels. It does this through mixed-use, affordable housing and compact development that revitalizes neighborhoods and provides an alternative 1 of 2 01/09/2002 10:27 AM Smart Growth Online Overview of Issue Areas http://www.smartgrowth.org/about/issues/default.asp?res=1024 to automobile-dependent communities. • Transportation Smart growth protects public health and environmental quality, conserves energy, and improves the quality of life in communities by promoting new transportation choices and transit-oriented development. Return to Too 4,mARI-GROWItf This web site is a subset of htto://www.sustainable.ora, developed and maintained by the Sustainable Communities Network (SCN), and supported with funding from the US EPA. Copyright© 1996 - 2001 -All rights Reserved r1 2 of 2 01/09/2002 10:27 AM slope,toe of social service facilities and construction techniques and farm- minimize future costs by creating neigh- purpose of this calculation: (1) a ing practices are used in accordance with borhoods where more people use exist- Ringelmann density reading shall be the provisions of this ordinance. Where ing services and facilities, and by inte- made at least once a minute during the specific information is not available, grating development and land use with period of observation;(2)each reading is steep slopes are lands having slopes over transit routes and stations; and (6) im- then multiplied by the time in minutes 12 percent,as measured over horizontal proving the development review process during which it is observed; and (3) the distances of 50 feet or more,that are not and development standards so that de- various products are then added to- bluffs.(Plymouth,Minn.) velopers are encouraged to apply the gether to give the total number of smoke ■slope, toe of A point or line of a principles stated above. (APR's Growing units observed during the entire obser- slope in an excavation or cut where the Smart project) vation period.(Burr Ridge,Ill.) lower surface changes to horizontal or Development that enhances existing •snack bar/snack shop An establish- meets the existing ground slope.(Renton, communities,that is compatible with the ment that serves a snack usually for con- Wash.) natural environment, and that uses tax sumption between meals; specifically, •slope,top of A point or line on the dollars efficiently while attracting pri- items such as donuts,ice cream, yogurt, vate investment.(A Smart Growth Agenda or cookies are considered snacks,and the upper surface of a slope where it changes for Illinois, Campaign for Sensible Growth, planning commission may consider ad- to horizontal or meets the original sur- face. (1) Top of Excavation or Cut: the 1999) ditional items as snacks. (Hermosa Beach, upper surface point where the excava- •smog A mixture of pollutants,prin- Calif.) tion meets the original ground surface; cipally ground-level ozone,produced by An establishment similar to a restaurant, (2) Top of Embankment: the upper sur- chemical reactions in the air involving but limited to the extent that no food is face point or line to which side slope smog-forming chemicals. A major por- cooked on the premises other than heat- changes to horizontal or meets original lion of smog-formers come from burning ing by microwave oven, no drive- ground surface.(Renton, Wash.) of petroleum-based fuels such as gaso- through windows exist on the premises, line. Other smog-formers, volatile or- and seating for customers does not ex- The higher point of a 50-foot segment garlic compounds,are found in products ceed 25.(Champaign,Ill.) with an average slope of at least 20 per- cent.(Minnetonka,Minn.) as paints and solvents. Smog can •snowmobile(See also off-road vehicle) arm health, damage the environment, ■smart growth (See also growth man- and cause poor visibility.Major smog oc- A self-propelled vehicle designed for agement) Planning, regulatory, and currences are often linked to heavy travel on snow or ice or a natural terrain development practices and techniques motor vehicle traffic,sunshine,high tern- steered by wheels, skis or runners. founded upon and promoting the fol- peratures, and calm winds or tempera- (Rochester,Minn.) lowing principles: (1) using land re- ture inversion (weather condition in • social service facilities Facilities sources more efficiently through com- which warm air is trapped close to the other than offices providing a social ser- pact building forms,infill development, ground instead of rising). Smog is often vice directly to the adjacent community, and moderation in street and parking worse away from the source of the smog- such as food banks, blood banks, emer- standards in order to lessen land con- forming chemicals,since the chemical re- gency shelters,crisis centers,etc.(Renton, sumption and preserve natural re- actions that result in smog occur in the Wash.) sources; (2) supporting the location of sky while the reacting chemicals are stores,offices,residences,schools, recre- being blown away from their sources by One main building, or portion thereof, ational spaces,and other public facilities winds.(Environmental Protection Agency) on one zoning lot where one or more within walking distance of each other in children or persons with mental retarda- compact neighborhoods that are de- •smoke Small gas-borne particles re- lion or related conditions,mental illness, signed to provide alternate opportuni- suiting from incomplete combustion, chemical dependency,or physical handi- consisting predominantly but not exclu- caps reside on a 24-hour-per-day basis ties for easier movement and interaction; (3) providing a variety of housing sivelp of carbon, ash, and other com- under the auspices of a program licensed bustible material that form a visible by the Minnesota Department of Human choices so that the young and old,single persons and families,and those of vary- plume in the air.(Aurora,Ill.) Services to provide lodging in conjunc- ing economic ability may find places to A suspension in a gas of solid particles, lion with monitoring,supervision, treat- live;(4)supporting walking,cycling,and the gaseous products of burning organic ment, rehabilitation,habilitation,educa- transit as attractive alternatives to dri- material.(Albuquerque,N.Met.) tion,or training of the residents of the fa- ving; providing alternative routes that cility. This definition does not include: disperse, rather than concentrate, traffic •smoke unit The number obtained (1) foster homes or freestanding foster when the smoke density in the homes; (2) residential treatment pro- congestion; and lowering traffic speeds Ringelmann Number is multiplied by grams physically located on hospital in neighborhoods; (5) connecting infra- the time of emission in minutes. For the grounds; (3) regional treatment centers structure and development decisions to EXHIBIT 1 211 special events square (PAS Report No. 322, The Language of gaged in selling food stuffs associated Haphazard growth or outward exten- Zoning) with a particular nationality, religious sion of a city resulting from uncontrolled ,--� ■special events Circuses,fairs,cami- observance,dietary practices,or cuisine. or poorly managed development. (Cali- (Prince William County,Va.) fornia Planning Roundtable) vals, festivals, or other types of special events that (1) run for longer than one •specific plan A detailed policy plan Urban development or uses that are to- day but not longer than two weeks, (2) or regulation that implements the compre- cated in predominantly rural areas, or are intended to or likely to attract sub- hensive plan or any of the elements of that rural areas interspersed with generally stantial crowds, and (3) are unlike the plan. Specific Plans include area and low-intensity or low-density urban uses, customary or usual activities generally neighborhood plans...the land-use code and which are characterized by one or associated with the property where the . . . and any other similar plan. (Tucson, more of the following conditions: (a)The special event is to be located. (Indian Ariz.) premature or poorly planned conversion Trail,N.C.) of rural land to other uses;(b)The creation A definite statement adopted by ordi- A temporary outdoor use on private nance of policies, standards, and regu- of areas of urban development or uses that property that extends beyond the nor- lations,together with a map or descrip- are not functionally related to land uses mal uses and standards allowed by the tion defining the location where such "'loch predominate the adjacent area; or zoning ordinance of the city. Except as policies,standards,and regulations are (c)The creation of areas of urban develop- otherwise specifically provided, only applicable pursuant to the require- ment or uses that fail to maximize the use those events held on commercial-zoned ments of the . . . state. (Palm Desert, of existing public facilities or the use of property are subject to the provisions of Calif) areas within which public services are cur- this ordinance. Special event includes, rently provided.Urban sprawl is typically but is not limited to,art shows,sidewalk •spot zoning [Al change in district manifested in one or more of the follow- sales,pumpkin and Christmas tree sales, boundaries,variances,and other amend- ing land use or development patterns: ments to the zoning code and use and Leapfrog or scattered development; rib- haunted houses, carnivals (major and area maps that violate sound principles bon or strip commercial or other develop- minor), special auto sales, grand open- ings, festivals, home exhibitions, and of zoning and are characterized by the ment;or large expanses of predominantly church bazaars.(Scottsdale,Aria.) following: (a) Individuals seek to have low-intensity, low-density, or single-use property rezoned for their private use. development.(Martin County,Fla.) r*". ■ special exception A special excep- (b)Usually the amount of land involved lion is a use that would not be appropri- is small and limited to one or two own- •spring (See also creek; stream) In- ate generally or without restrictions erships. (c) The proposed rezoning eludes areas where permanent or throughout the zoning division or dis- would give privileges not generally ex- ephemeral flows or pending of water trict but which, if controlled as to num- tended to property similarly located in naturally occur. Such sites may include ber, area, location, or relation to the the area. (d) Applications usually show mountainous or canyon conditions neighborhood, would promote the pub- little or no evidence of, or interest in, where water flows or seeps out from tic health, safety,welfare, morals, order, consideration of the general welfare of water-bearing geologic structures or comfort,convenience,appearance,pros- the public, the effect on surrounding tanks and rock-bottomed washes where perity or general welfare.Such uses may property (including adequate buffers), water typically collects for extended pe- be permitted in such zoning division or whether all uses permitted in the classi- nods of time.(Scottsdale,Ariz) district as special exceptions, if specific fication sought are appropriate in the lo- •square (See also plaza) Open space provisions for such special exceptions cations proposed, or conformity to the that may encompass an entire block, is are made in this ordinance. (Goochland comprehensive plan or to comprehen- located at the intersection of important County, Va.) sive planning principles(including alter- streets, and is set aside for civic pur- ■ special permit(See permit,special) ations to the population density patterns poses, with landscaping consisting of and increase of load on utilities,schools, p ved walks, lawns, trees, and civic • special use A use of property and traffic.)(Coral Gables,Fla.) dings.(Austin,Ten) specifically authorized by a zoning ordi- • sprawl (See also growth manage- An outdoor public civic tract whose area nance, but not permitted unless certain stated conditions have been met. ment; leapfrog development; smart is defined by streets or adjacent build- (Handbook for Planning Commissioners in grozoth) Low-density land-use pat- ings. Squares shall include streets on at Missouri) terns that are automobile-dependent,en- least three sides and shall be surrounded ergy and land consumptive,and require by shopfront,rowhouse,or civic use lots •special use permit(See permit,special a very high ratio of road surface to de- on at least 60 percent of their perimeter. use) velopment served. (Michigan State No more than 40 percent of the square •specialty food store A food store of Planning Officials, Patterns on the Land, may be used for parking. Squares shall Trend Future f Project,final pal report,September have a length to width ratio no greater less than 10,000 square feet primarily en- 1995) than 3:1.(Gainesville,Fla.) 214 744 taking tax increment base '"' {4.,, exercise equipment. (Salt Lake County, • tax abatement The full or partial ex- rSd` r- Utah) emption from ad valorem taxes of cer- r 4? taro real and/or personal property in a ...—s. 7. "`"1. ?- ■target area (See also block grant; reinvestment zone designated for eco- Community Redevelopment Agency nomic development purposes. (Houston, (CRA)) Specifically designated sec- Text _ ' tions of the community where loans and • grants are made to bring about a specific ■tax credit A dollar amount that may - ' - outcome, such as the rehabilitation of be subtracted from the amount of taxes housing affordable by very low- and owed.(California Planning Roundtable) low-income households.(California Plan- •tax increment Additional tax rev- ning Roundtable) enues that result from increases in prop- , ■tattooing Any method of placing erty values within a development area. permanent designs, letters, scrolls, fig- [California] law permits the tax incre- ures,symbols or any other marks upon ment to be earmarked for redevelop- or under the skin with ink or any other ment purposes but requires at least 20 substance, by the aid of needles or any percent to be used to increase and im- other instruments designed to touch or prove the community's supply of very puncture the skin,resulting in either the low-and low-income housing.(California -- coloration of the skin,or the production Planning Roundtable) of scars or scarring,other than by brand- Generally, the incremental tax revenues, fir_ in (Alma,Mich) g' determined with reference to the tax in- ■tatoo parlor/body-piercing studio An crement base,resulting from the increase 1 establishment whose principle business in property values or from the increase 1 activity,either in terms of operation or as in commercial activity as a result of a I held out to the public,is the practice of project. More specifically, the term in- one or more of the following:(1)placing eludes the following:(1)The incremental of designs, letters, figures, symbols, or tax revenues resulting from an increase other marks upon or under the skin.of in the total market value of taxable real ■taking (See also condemnation; emi- nent domain; inverse condemnation) any person, using ink or other sub- property situated in a tax increment dis- To take, expropriate, acquire, or seize stances that result in the permanent col- trict and an increase in the business use oration of the skin by means of the use of and occupancy of such taxable real prop- property without compensation. (Iowa State University Extension Service) needles or other instruments designed to erty.(2)The payment in lieu of taxes as- contact or puncture the skin;(2)creation signed to or agreed to be paid by gov- A real estate term traditionally used to of an opening in the body of a person for emmental entities or nonprofit organiza- mean acquisition by eminent domain but the purpose of inserting jewelry or other tions with property situated or otherwise broadened by the U.S.Supreme Court to decoration.(Las Vegas,Nev.) assignable to a tax increment district. mean any government action that denies Whether all or only a portion of this pay- • tavern (See also bar) Any place in I economically viable use of property. ment is to be considered part of the tax which fermented malt beverages or in- increment shall be determined at the More recent federal and state legislative toxicating liquors are sold for consump- proposals would consider any govern- time the tax increment district is created. tion upon said premises.(Madison,Wisc.) The incremental tax revenues result- ment program causing a"substantial're- (3) duction in property values to be a taking. An establishment used primarily for the ing from an increase in total taxable sales 1 (California Planning Roundtable) ..,..+.serving of alcoholic beverages by the and rentals of tangible personal property drink to the general public and where and in the rendition of taxable services ■tank farm An open air facility con- food taming a number of above-ground,large or packaged alcoholic beverages by vendors located in a tax increment may be served or sold only as accessory district.(4)The incremental tax revenues containers for the bulk storage in liquid to the primary use.(Ocean City,Md.) resulting from an increase in total gross form of petroleum products.(Sioux Falls, receipts or gross or net profits or income S. Oak) An establishment serving alcoholic bey- realized by persons or entities from busi- erages in which the principal business is ness conducted in a tax increment dis- the■ tanning studio Any business that sale of such beverages at retail for uses artificial lighting systems to pro- trict. (Johnstown, Pa., Redevelopment duce a tan on an individual's body.This consumption on the premises and where AuthorihJ sandwiches and snacks may be available /"ms, use specifically excludes spas, gymnasi- urns,athletic clubs,health clubs,and any for consumption on the premises. (Burr •tax increment base (1) The aggre- Ridge.Ill.) gate market value of all taxable real 229 __J c'. highest and best use historic landmark district Where water returns to its natural level percent.(California Planning Roundtable) than to commemorate a historical event, as the result of the permanent removal or activity,or person.(Hartford,Conn.) •hillside landforms The more ele- abandonment of a dam,it means the sat- .... voted, deeper and rugged landforms ■historic district An area designated ural ordinary high water mark. (Grand Traverse County,Mich.) which tend to divide broad desert val- as an "Historic District" by ordinance Ileys or separate the lower deserts from and which contains within definable ge- m highest and best use(See also taking) higher plateau regions,to the north and ographic boundaries, properties, or The use of property that will bring to its east. These landforms include moun- buildings,that may or may not be land- ' ' ' owner the greatest profit if offered for tains, hills, buttes, or escarpments pre- marks but which contribute to the over- - sale. In theory,the economics of the real dominantly composed of bedrock mate- all historic character of the designated estate market establish a maximum rials. Typical bedrock materials include area.(Champaign,Ill.) value for each parcel of land at any given volcanics such as basalt and tuff; intru- time. Ordinances are sometimes chal- sives such as granite;and metamorphics historic landmark An individual 41 lenged as they apply to particular sites such as diorites, quartzites, and schists. structure or group of structures on a sin- because they prevent the highest and Locally,slopes may be covered by collu- gle lot,a site,an area,a district,or corn- best use.Where the ordinance is found to vium comprised of upslope bedrock ma- bination thereof,having a special histor- be a valid exercise of the police power terials or by thin veneers of in-situ soils. ical, architectural, cultural, or aesthetic (viz., it accomplishes a demonstrable Land slopes are usually above 15 percent value (pictured below). (Santa Clara public purpose and is based on a plan), and in most cases are over 35 percent, County,Calif) such arguments are seldom decisive.But but may be as little as 5 percent in 'so- A property,structure,or building desig- where a court does not find in the ordi- lated pockets, typically atop ledges or nated as a "landmark" by ordinance of nance a public benefit overriding the loss near ridge tops. Drainageways are rela- the city council that is worthy of rehabil- to the property owner of the highest and lively poorly defined on the slopes but nation, restoration,and preservation be- 4, best use, the court may find that there collect into deep canyon bottom courses cause of its historic and/or architectural i has been a taking of property without strewn with large-sized rubble. Hazards significance.(Champaign,Ill.) due process of law and declare the pro- that may be present include boulder visions of the ordinance invalid. (PAS rolling,rock falls,debris movement,and An individual site or feature(which may 4 Report No.322,The Language of Zoning) general slope instability. The surface or may not be a structure),or a site with movement of materials occurs as a result a structure or structures on it,of particu- ) The use of land in such a way that its de- of both gravity and water transport.The lar importance because of its unique ac- 7 ,.---.7)") velopment will bring maximum profit to surface material size includes larger chitectural,historical,cultural,orarehae- the owner. It's a theoretical real estate ological features, designated an historic ti co. nceot that does not take into account boulders, rocks and gravel, as well as �` the externalities from such a use of lands.the National Register of Historic Places. grainy soil materials.(Scottsdale,Aria.) district and eligible for designation on p ",r Thus,public regulations often limit land •historic Includes, but is not limited (Blacksburg, Va.) Sa use to some activity that will provide the to,cultural,artistic,social,economic,eth- owners with less than maximum profits sic,or political heritage.(Champaign,Ill.) historic landmark district A geo- in order to minimize spillover costs to graphically defined area possessing a , • historic and monument sites Those significant concentration, linkage, or other properties and the public at large. (Handbook for Planning Commissioners in locations set aside for no other purpose continuity of landmarks,improvements, Missouri) • (7/ \\�\• highway(See street,highway) i �� is \ ■highway-oriented business A use /),� ��— '-�^..s '*�, dependent upon both a large flow of , � 2 traffic and convenient access-It includes _ ;�_ such uses as motels, restaurants, auto- � • � mobile service stations, and produce '� r a ' stands.(Thurston County,Wash.) Land uses that cater to the traveling pub- ti lic, both auto and truck (e.g., gas sta- -. testa a rants. motels, truck stops).lute semi.-scale SI Corridor Council t,nicn uses Irthe fount 1u)rr 'au emnme .rl roe ) .... ■ hillside Land that has an average percent or slope equal to or exceeding 15 _ -� 120 a groundwater guest ranch root structures on the plants. Ground Commentary: The Federal Fair Housing nated areas. (Handbook for Planning cover management shall include the re- Amendments Act of 1988 prohibits zoning Commissioners in Missouri) . ' - moval of vegetative debris from the practices that discriminate against or unmet- a guest Any person other than the property.(Renton,Wash.) essarily restrict community-based housing family occupying or hiring a room for for people with developmental disabilities. living or sleeping purposes. (Maui ■groundwater (See also aquifer defini- Any community drafting or adapting a defi- tions) Water that occurs beneath the County,Hawaii) nition needs to consult the Act for its provi- Land surface, also called subsurface sions. You may also want to consult MS Any person hiring or occupying a room water or subterranean water. Ground- Report No. 397,Siting Group Homes for for living or sleeping purposes.(Imperial water includes water in the zone of satu- Developmentally Disabled Persons, by Beach,Calif) ration of a water-bearing formation. Martin Jaffe and Thomas P.Smith. (Yakima County, Wash.) • guest house An attached or de- • group home for foster care Any tached building that provides living Water found underground that com- private residence licensed by the divi- quarters for guests and (a) contains no pletely fills the open spaces between per- sion of family services or department of kitchen or cooking facility; (b) is clearly tides of sand,gravel,clay,silt,and con- mental health to provide foster care to subordinate and incidental to the princi- solidated rock fractures.The zone of ma- one or more but Less than seven children pal residence on the same building site; terials filled with groundwater is called who are unrelated to either foster parent and (c) is not rented or leased, whether the"zone of saturation."(Newport,R.I.) by blood, marriage, or adoption. (St. compensation be direct or indirect. The supply of freshwater under the sur- Paul,Minn.) (Shasta Lake,Calif.) face in an aquifer or soil that forms a rat- a group home for mentally or physi- An attached or detached accessory ural reservoir.(Champaign,Ill.) cally handicapped Any home in building used to house guests of the oc- ■groundwater recharge The natural which eight or fewer mentally or physi- cupants of the principal building, and process of infiltration and percolation of cally handicapped persons reside, and which is never rented or offered for rent. rainwater from land areas or streams may include two additional persons act- (Scottsdale,Ariz.) through permeable soils into water- ing as houseparents or guardians who s guest house with cooking facilities holding rocks that provide underground need not be related to each other or to An attached or detached accessory n storage ("aquifers"). (California Planning any of the mentally or physically handi- building equipped to operate major ap- Roundtable) capped persons residing in the home. pliances requiring 220 volts electric for (St.Paul,Minn.) the purposes of housing guests of the oc- ■ groundwater recharge area A catchment basin or watershed underlain • grove(See orchard) cupants of the principal building, and by layers of alternating permeable and which is never rented or offered for rent. • growth, forecasted Current estimate (Scottsdale,Ariz.) impermeable strata such that excess of population and employment growth rainfall not lost by evapotranspiration or for King County, prepared by the Puget •guest,permanent A person who oc- runoff is retained and stored in subter- Sound Regional Council based on defined cupies or has the right to occupy a resf- ranean porous layers of soil. assumptions and generally accepted sci- nce or dwelling accommodation for a [Components of such a system could in- entific methods.(Renton,Wash.) . period of 30 days or more.(North Kansas dude ponds, wetland swales, bay City,Mo.) forests, dunes, and marsh.] (Nags Head, ■growth management (See also smart N.C.) growth;sprawl) The use by a commu- • guest ranch A use incorporating pity of a wide range of techniques in corn- two or more guest rooms, other than a •group home (See also halfway house; boardinghouse, hotel, or motel, and in- bination to determine the amount, type, g . substance abuse treatment facility) and rate of development desired by the eluding outdoor recreational facilities, One main building, or portion thereof, community and to channel that growth such as, but not limited to, horseback on one zoning lot that is licensed by the into designated areas. Growth manage- riding,swimming,tennis courts,shuffle- commissioner of health as a rooming ment policies can be implemented board courts,barbecue and picnic aci i- and/or boardinghouse and receives 50 ties, and dining facilities intended through growth rates,zoning,capital im- pri- percent or more of its residents under a maril for use by theguests of the guest provement programs,public facilities or- Y contract or other arrangement with the dinances,urban limit lines,standards for ranch. Bars and restaurants that cater state or local government human ser- levels of service, and other programs. primarily to those other than guests of vices agency. Provides lodging for peo- (Californiaguest ranch are not permitted. le who are mentally ill or chemically (California Planning Roundtable) P (Scottsdale,Ariz.) dependent. (St. Paul, Minn., which uses The use by a community of a wide range /.-. the term "community residential facility, of techniques in combination to permit it A recreational facility where lodging and health department licensed") to determine its own amount,type, and horses for riding are furnished for com- rate of growth,and channel it into desig- pensation.(Boone County,Mo.) 115 Creating Successful Communities: The Benefits of Effective Planning mL p t' i egg d& Y by Gunnar Isberg EXHIBIT 1 /o Creating Successful Communities: The Benefits of Effective Planning December 1997 by Gunnar Isberg Written by Gunnar Isberg.Published by the Metropolitan Council.Copyright©by Gunnar Isberg. All rights reserved,including those to reproduce this book or parts thereof in any form. Gunnar Isberg 1528 Blackhawk Ridge Court Eagan,Minnesota 55122 (612)454-5075 Metropolitan Council Mears Park Centre 230 East Fifth St. St. Paul,Minnesota 55101 (612) 602-1000 E-Mail: data.center@metc.state.mn.us Internet web site: www.metrocouncil.org Metropolitan Council Publication Number 14-97-056 On request,this publication will be made available in alternative formats to people with disabilities.Call the Data Center at(612)602-1140 or TTY 291-0904. Printed on recycled paper with a minimum of 20 percent post-consumer waste. The opinions expressed are those of the author and do not necessarily reflect the views of the Metropolitan Council. "It isn't easy promoting long-term strategies in a short-term world. Gunnar Isberg makes a convincing case about the value of long-range planning for communities to be successful. This publication is written for local elected officials and planning commissioners. However,professional planners will also find Isberg's concise statements on the tangible benefits of effective planning useful in their work. "The Metropolitan Council is pleased to publish Isberg's work as part of our regional commitment to well-planned communities.' His thoughtful observations and step-by-step strategies ring true for communities throughout the United States and particularly for Twin Cities area communities as they update local comprehensive plans in 1998." —Curt Johnson, Metropolitan Council Chair,December 1997. r—About the Author Gunnar Isberg has more than 30 years of front-line experience as a planning professional in Minnesota.He has held planning positions at the city,county and metropolitan levels in urban and rural settings. He is former president of the Minnesota Chapter of the American Planning Association, a Northfield,Minnesota councilmember,member of the Eagan Advisory Planning Commission and the Inver Grove Heights Minnesota Parks Commission and author of Local and Regional Planning in Minnesota, a handbook published in 1978 and 1982.He has taught planning at Mankato State and Hamline Universities. He is currently a private planning consultant in Eagan, Minnesota. it CREATING SUCCESSFUL COMMUNITIES Executive Summary Comprehensive planning offers the best potential for creating viable and attractive communities.These communities create a "sense of place" for citizens.They embrace sustainable development principles.They offer a full range of quality services. Their citizens are engaged and informed. Nevertheless,many local officials are skeptical of the value of planning and its ability to deal effectively with many of today's growth and development problems.This publication sets forth the reasons why communities should be actively involved in comprehensive planning.The following questions are addressed. What is the purpose and value of comprehensive planning? What are the characteristics of high quality comprehensive plans and effective planning programs?What are some of the trends in planning and development impacting planning practice?What are the basic steps for amending/ updating a comprehensive plan?What is the role of citizens in planning? The Value of Comprehensive Planning This section describes the major benefits of comprehensive planning. Planning helps local officials and citizens to shape future development and re-development of the community.Its identification of major trends and issues helps lead to realistic and effective strategies.Planning determines community values, a vision and goals,and future direction.The process assures broad-based citizen participation, thereby creating a constituency for implementing plans. It positions the community to attract high quality development demanded by increasingly sophisticated residents and businesses.Planning increases the efficiency and quality of public utilities and services.Planning enhances economic development and employment opportunities,and helps protect the finite natural resources. Elements of Effective Planning Programs The characteristics of high quality comprehensive plans and effective planning programs are described in this section. High quality plans start with local needs assessment determined by facts.They have dear and comprehensive goals addressing community needs, and they have specific and action-oriented CREATING SUCCESSFUL COMMUNITIES iii policies. Effective planning programs require ongoing and open commitment by local officials(particularly elected officials)to the planning process.They have clear,coordinated implementation strategies and programs and strong customer orientation and citizen participation programs. They are open to innovation and experimentation to allow new development approaches. High quality plans promote intergovernmental coordination to minimize duplication and inconsistent development.Finally,they have effective monitoring programs to ensure implementation of the plan. Trends in Planning and Development The key trends of the aging of the baby-boom generation and increasing self reliance by individuals and communities will have substantial impact on future planning and development of local communities.The first will shift the emphasis towards the design and construction of smaller housing units and the location and provision of health care facilities,shopping and other facilities an increasingly elderly population will require. The second,which has been caused by reduced revenues from higher levels of government,will impact the provision and financing of public facilities and services. New development approaches include the introduction of "new urbanism" development projects and master planned communities. These,in turn,will impact and require changes in local plans and ordinances. New planning approaches—vision planning (melding of strategic and comprehensive planning),rural cluster planning and sustainable development planning—promise to make planning more effective in the future. Steps to Amend a Comprehensive Plan and Ordinances A major amendment to and rewrite of a comprehensive plan and zoning ordinance is a relatively complex and time- consuming undertaking.This section will describe the factors to consider when deciding whether to update a plan and ordinances and a step-by step process for accomplishing the update. Citizen Participation in the Planning Process A major trend in planning is increased demand for more meaningful citizen involvement throughout the planning process. This section describes the rationale for citizen participation and techniques for involving the citizens. Citizen participation improves the much needed trust between the citizens and the community. It taps into the talents of the iv CREATING SUCCESSFUL COMMUNITIES citizens and creates a sense of ownership and,consequently,a constituency for planning. It increases the quality of the comprehensive plans and speeds up the development review process. Also described are some of the techniques for ensuring citizen participation throughout the planning process including visioning,computer simulation,simulation games,design charettes,surveys and questionnaires, guided tours and public information meetings. r CREATING SUCCESSFUL COMMUNITIES v Rationale for and Value Added by Planning Programs • Introduction What is the purpose and benefit of planning?What evidence is there that planning has a measurable and positive impact on development and redevelopment patterns and projects? If planning is voluntary,why should local communities get involved in it?If local planning is mandated(as is true for the Twin Cities Metropolitan area) how can local community leaders and citizens ensure planning is an effective part of the governance process? Value Added by Comprehensive Planning Local communities differ a great deal in their size,population, location,and development/redevelopment status.As a result, the specific reasons for getting involved and the particular emphasis of the planning process will differ from community to community.With this in mind,the following are some of the major benefits of community planning programs. Assist Communities to Shape the Future Very simply,the major rationale for a comprehensive plan and a local planning program is to help local officials(particularly elected officials) and citizens make decisions that shape future development or redevelopment of a community. Stated another way,planning helps local officials make today's decisions in light of their future consequences. The planning and development decisions involve not only land uses,but also various elements impacted by land uses, Planning helps local including public facilities such as sanitary and storm sewers, officials makeioday's roads and highways,parks and open space,and public services decisions in light of their such as police and fire protection.These facilities and services future consequences. have substantial impact on budgets and property taxes as well as the livability of a community.This is particularly true since the funding of such public facilities as sanitary sewers and highways has shifted drastically from the federal to the state and local levels. A well developed and up-to-date comprehensive plan and a planning process that actively involves citizens make it possible for local officials to encourage landowners and developers to propose developments consistent with the plan. CREATING SUCCESSFUL COMMUNMES 3 In addition,responses and decisions by local officials to various development proposals are simplified. By actively involving the citizens in the development of the plan,local officials have some confidence their decisions will be accepted by a majority of the citizens.This also provides assurances to the citizens that the plan will indeed be followed,which creates a sense of stability in today's rapidly changing world.This does not mean WHY PLAN? the plan will be "etched in stone" or lack sufficient flexibility to •Shape the future allow innovative and worthwhile development proposals • Identify issues through plan amendments. Rather,it means the plan will serve as something more than a "general guide" to be amended and • Find out what people manipulated at the behest of landowners and developers.It value also means that the local officials,with input from citizens and •Tie programs together stakeholders,will indeed determine the future of the • Get public involved community. •Attract better In contrast,land use and public facility decisions by local development officials in communities that lack an up-to-date and well developed comprehensive plans and planning programs • Increase certainty become "ad hoc".This often results in an unintended • Enhance economic delegation of land-use decisions to landowners and developers. development Ad hoc decision making often results in a number of problems, • Protect natural including incompatible land uses located adjacent to each resources other;increased cost of public facilities and services to serve • Bring sustainable unconnected,scattered development projects;loss of natural development resources,such as wetlands and woodlands;increased pollution problems and property damage from floods from • Provide more efficient improperly located developments;legal issues; and a general public services lack of a "sense of community" for the citizens. • Minimize land-use conflict Identify Major Trends and Issues Another major benefit of a planning program is to identify major growth and development trends and issues in the community A significant part of a community planning program includes the collection and analysis of background data including population,employment,housing, land use, environmentally sensitive areas,business and industrial development, community facilities, shopping areas and growth trends. This data can help indicate some of the strengths and limitations of the community and lead to the development of meaningful strategies and programs to build upon the strengths and deal with development problems before they become major issues. While a major emphasis in the past has been placed on the need for background data and planning for growing communities,planning is also necessary(if not more so) for communities losing population and economic activities in order to develop strategies and programs to possibly reverse these trends. 4 CREATING SUCCESSFUL COMMUNITIES The background data,particularly the analysis of the data,is essential to determine future land uses,including residential, commercial,industrial,and parks and the need for public facilities, such as sewer and water systems,and demands for public services such as police and fire protection. Planning programs are unique in that they view the community from a wholistic perspective, rather than from a piecemeal one. Determine Community's Values and Decide Its Future Direction The comprehensive plan and planning process,being future oriented,are the major local vehicles to discuss the community's values and future direction.This discussion takes place as part of the visioning and goal setting process at the outset of the planning process. The community values and subsequent vision and goals depend on a number of factors,including the history of the community,its location,size,and population.For example,a rural community experiencing a decline of population and economic activities is likely to place primary emphasis on economic development and job creation. On the other hand,a community with major natural resources,such as rivers,lakes, woodland and scenic areas,is likely to focus on protecting these resources. In many cases,a community may have to balance several conflicting values and reach a consensus among these values. Values are very important in establishing the future direction of the community.It is essential to involve as many citizens and other stakeholders as possible in the visioning and goal-setting process. (See citizen participation in the planning process section below for techniques and programs.) Ties Implementation Strategies and Programs Together A well developed comprehensive plan and planning program Use planning to tie the will ensure all of the implementation strategies and programs city's programs together. are coordinated and not working at cross-purposes.This includes the regulatory tools such as zoning ordinances, subdivision regulations,housing and building codes; property acquisition programs,such as conservation easements; property taxes and utility extension policies;and other programs as reflected in the capital improvement program. This coordination is essential or the implementation program is weakened. For example,many communities rely too much on the zoning ordinance at the exclusion of utility extension policies,easements,etc.Judging by past planning practices, local communities need to pay more attention to ensure that CREATING SUCCESSFUL COMMUNITIES 5 the implementation tools are working together in a coherent strategy. r Assure Broad-Based Citizen Participation Effective planning programs need to be open, inclusive and emphasize active citizen participation.This means at the outset and throughout the planning program rather than at the end, which has been the common practice to date. The reasons why active citizen participation is so important—including to create ownership and a constituency for planning—are discussed in the citizen participation section below. Position the Community to Attract High Quality Development Recent surveys indicate that representatives of the development industry,planners,environmentalists, and the general public believe planning is necessary to deal with many of our current development problems and provide better choices for the housing consumer. Recent national consumer surveys indicate planning is and will increasingly become a vital and necessary part of a major strategy to create livable and viable neighborhoods and communities.'Communities committed to effective planning programs are the ones likely to attract high quality development and redevelopment projects meeting the needs of an increasingly demanding and sophisticated public. While location (access to places of employment,shopping,and mutation) and natural amenities(lakes,woods,and scenic A"sense of community" is areas)continue to be major factors attracting residential growing as a factor in development,housing consumers are placing increasing purchasing housing. emphasis on communities and development projects that create a "sense of community" or a"sense of place."This is borne out by a number of national consumer opinion surveys.For example,the results of two recent national surveys indicate that "home buyers are weighing the.quality of the community more heavily than the quality of the house in making their purchase • decision." In addition, the surveys indicate the following changes in consumer demands and development trends: • a change from unplanned suburbs to master planned communities; • a change from suburban anonymity and individualism to a yearning for community;and • a change from strip-commercial suburban sprawl to compact, highly defined town centers. Housing consumers are also placing a higher value on master planned communities designed at a more human scale with an increased emphasis on the natural environment,walks and 6 CREATING SUCCESSFUL COMMUNITIES parks,cul-de-sac neighborhoods,community facilities and i— shopping, and a strong community entrance. Increase Certainty and Reliability of Future Development An important value to many citizens in this era of rapid change is the predictability of the future development in a community. Part of the reason may be due to a concern over maintaining property values and minimizing land use conflicts. However, part of the reason may be due to a lack of trust in local official decision-making. Planning can help to bring about this certainty.With an officially adopted comprehensive plan and ordinances to Adopted comprehensive enforce the plan,there is more stability and certainty about plans and ordinances how a community will grow or redevelop than in an bring more stability and certainty unplanned community where decisions are made on an"ad hoc"basis. This means,among other things,that the plans and ordinances should be reviewed and,if necessary,amended periodically(a minimum of every 2-5 years)to ensure the plans remain current.Again,citizens should be informed and involved in this process. Enhance Economic Development While location and accessibility to markets are major draws for Planning provides economic development projects,planning programs can have a information developers significant influence over the amount and type of development need. taking place in a community. Planning provides much of the background information useful to prospective developers,such as demographic information(population,labor costs, employment trends) land use,transportation facilities, accessibility to markets,and the location and cost of public facilities and services.This is why it is so important to continuously and periodically update the background information and the comprehensive plan and ordinances. Another positive impact planning has on economic development is that many business and industrial developers Developers look favorably on well planned look favorably on well planned communities because an communities.planned i@s. attractive environment can enhance their own buildings and properties and minimize land-use conflicts. In addition, industries and large businesses want to ensure there is a sufficient housing mix, shopping,and recreation facilities to meet the needs of their employees. Communities that do not have an updated comprehensive plan and effective planning program are at a distinct disadvantage in attracting economic development. CREATING SUCCESSFUL COMMUNITIES 7 Protect Natural Resources The results of national opinion polls continue to indicate concerns by most citizens over the impact of growth and development on finite natural resources.This includes water resources such as streams,rivers,lakes,wetlands,and groundwater;topsoil and prime agricultural areas;and woodlands. Planning programs offer the best potential for protecting Planning has the best natural resources for existing and future generations. potential to protect natural Comprehensive plans,zoning ordinances and subdivision resources . . . if local regulations are the major tools for ensuring parks and open officials are committed to space areas are dedicated to the public as part of residential the planning program. development projects. Public acquisition and conservation easements are other tools to protect natural resources.This potential will only be realized with the full commitment of local officials to an effective planning program. Bring About Sustainable Development Sustainable development attempts to balance economic development,environmental protection and social elements to create viable communities that are self-sustaining.While the principles of sustainable development have not had a major impact on development to date,some communities are starting to adopt these principles. Again, comprehensive planning and planning programs offer the best potential for implementing sustainable development principles in the future. Increase Efficiency and Quality in Providing Public Utilities and Services Planning,particularly staged growth planning programs,can Staged growth brings bring about significant efficiencies in providing sanitary and about a more efficient storm sewers,water systems and roads and highways.Many infrastructure. studies at the national,state, and local levels have indicated the increased cost of providing public facilities and services to low density, "urban sprawl"patterns of development.This cost is ultimately passed on to the housing consumer as an increased housing cost. This issue will become increasingly important to local governments in the future as the financing of certain public facilities and services continues to shift from the federal to the state and local levels.For example,the responsibility for funding the cost of construction of major sewer interceptors and treatment plants has shifted from a 90 percent federal-10 percent local formula to virtually 100 percent at the state and local levels as U.S. Congress seeks to balance the federal budget.The same trends are taking place in other areas of public services. 8 CREATING SUCCESSFUL COMMUNITIES Planning can help control the costs of public facilities in several different ways. One way is to increase the proportion of higher density development in the community,which is likely to be controversial.A second way is to coordinate the provision of public facilities and other public services with adjacent communities. A third way is to develop and adopt capital improvement programs as part of the planning implementation strategies and programs. Doing so establishes a system of priorities for providing public facilities and services. Minimize Land Use Conflicts During one period in the history of planning (the 1930s),the major purpose of planning and zoning was to separate incompatible land uses.While mixed used developments are much more acceptable and in some cases desirable today,there are some land uses that are clearly incompatible and need to be separated.In urban areas,heavy industry needs to be separated from residential development due to noise and heavy truck traffic.In rural areas,a major issue is the location of large corporate feedlots,even in farming areas,due to strong odors as well as potential pollution to groundwater. Thus, the separation of incompatible land uses is still a valid An unplanned community purpose of planning in urban and rural areas.An effective has few tools to avoid planning program will minimize land-use conflicts, thereby land-use conflicts. avoiding the problems associated with incompatible land uses, such as time-consuming and costly litigation. In contrast, an unplanned community will have few tools to avoid land use conflicts. CREATING SUCCESSFUL COMMUNITIES 9 Hello