HomeMy WebLinkAbout20022404.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case: Comprehensive Plan
Planner: Robert Anderson
be recommended favorably to the Board of County Commissioners for the following reasons:
Please see attached document.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nickles
Cathy Clamp
Stephan Mokray
John Folsom
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on May 21, 2002.
Dated the 21st of May, 2002.
, rnaai
Voneen Macklin
Secretary
2002 2.1O4
EXHIBIT
CHAPTER 22
Comprehensive Plan
Preface Summary of Weld County Comprehensive Plan
Article I General Provisions
Sec 22-1-10 Definition of Comprehensive Plan
Sec 22-1-20 Relationship to documents
Sec 22-1-30 Guiding principles
Sec 22-1-40 Principle plan components
Sec 22-1-50 Planning process
Sec 22-1-60 Comprehensive plan amendment procedure
Sec 22-1-70 Location
Sec 22-1-80 County population
Sec 22-1-90 County economy
Sec 22-1-100 Selected economic indicators
Article II Land Use Categories
Sec 22-2-10 Foundations of existing land use
Sec 22-2-20 Foundations of future land use
Sec 22-2-30 Agriculture
Sec 22-2-40 Agricultural industry and benefits
Sec 22-2-50 Concerns of farming as an industry
Sec 22-2-60 Prime farmland definition
Sec 22-2-70 Nonprime farmland definition
Sec 22-2-80 Agricultural goals and policies
Sec 22-2-90 Urban development
Sec 22-2-100 Concerns of Development
Sec 22-2-110 Benefits of urban development
Sec 22-2-120 Urban growth boundaries
Sec 22-2-130 Urban growth boundaries goals and policies
Sec 22-2-140 Unincorporated communities
Sec 22-2-150 Unincorporated community goals and policies
Sec 22-2-160 Industrial development
Sec 22-2-170 Industrial development goals and policies
Sec 22-2-180 Commercial development
Sec 22-2-190 Commercial development goals and policies
Sec 22-2-200 Residential development
Sec 22-2-210 Residential development goals and policies
Sec 22-2-220 Planned unit development
Sec 22-2-230 Planned unit development goals and policies
Sec 22-2-240 I-25 Mixed Use Development(MUD)area and urban development nodes
Sec 22-2-250 MUD goals and policies
Article III Land Use Amenities
Sec 22-3-10 Public facilities and services
Sec 22-3-20 Fire Protection
Sec 22-3-30 Law enforcement
Sec 22-3-40 Public facilities general requirements
Sec 22-3-50 Public facilities and service goals and policies
Sec 22-3-60 Transportation
Sec 22-3-70 Road classifications
n Sec 22-3-80 Pedestrian and bicycle paths
Sec 22-3-90 Scenic road byways
Sec 22-3-100 Regional plans
Sec 22-3-110 U.S. 85 Corridor
ea-
Sec 22-3-120 Air transportation
Sec 22-3-130 Rail transportation
Sec 22-3-140 Transportation goal and policies
Article IV Environmental Resources
Sec 22-4-10 Purpose
Sec 22-4-20 Water quality
Sec 22-4-30 Water goals and policies
Sec 22-4-40 Air
Sec 22-4-50 Air goals and policies
Sec 22-4-60 Noise
Sec 22-4-70 Noise goals and policies
Sec 22-4-80 Waste
Sec 22-4-90 Transfer,processing and diversion
Sec 22-4-100 Transfer,processing and diversion goals and policies
Sec 22-4-110 Final disposal
Sec 22-4-120 Final disposal goals and policies
Sec 22-4-130 Exploration and production waste
Sec 22-4-140 Exploration and production waste goals and policies
Sec 22-4-150 Biosolids and septage
Sec 22-4-160 Biosolids and septage goals and policies
Sec 22-4-170 Hazardous waste
Sec 22-4-180 Hazardous waste goals and policies
Sec 22-4-190 Agricultural waste
Sec 22-4-200 Agricultural waste goals and policies
Article IV Natural Resources
Sec 22-5-10 Purpose
Sec 22-5-20 Wildlife
Sec 22-5-30 Wildlife goals and policies
Sec 22-5-40 Open space,parks and recreation
Sec 22-5-50 Open space,parks and recreation goals and policies
Sec 22-5-60 General resources
Sec 22-5-70 Commercial and mineral resources
Sec 22-5-80 Commercial and mineral resources goals and policies
Sec 22-5-90 Oil and gas resources
Sec 22-5-100 Oil and gas resources goals and policies
Appendixes
Appendix 22-A Population statistics
Appendix 22-B Existing land use
Appendix 22-C Number of acres in municipalities in Weld County
Appendix 22-D Municipalities population
Appendix 22-E Right to Farm statement
Appendix 22-F Tax limitations
Appendix 22-G Definitions
Appendix 22-H Mixed Use Development Area(MUD)Land Use Plan Distribution
Appendix 22-I Sources
2
History of Amendments
Ordinance# Effective Date Description
147 1/13/87 Original Document(Comprehensive Plan)
147-A 9/22/87 Addition of Mineral Resources;Environmental and Natural Resources,Open
Space,Parks and Recreation;and the Weld County Economy Section
147-B 3/24/92 Conceptual Land Use Plan Map and 1-25 Mixed Use Development(MUD)Area and Activity
Centers Map Revision
147-C Tabled
147-D 5/8/95 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers
Map revision
147-E 5/15/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers
Map revision
147-F 5/31/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers
Map revision
147-G 11/21/95 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan
147-H 7/30/96 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers
Map revision
147-I 8/27/96 Environmental section revision
147-1 10/22/96 Technical amendments;add Table 5,Land Use Plan Distribution;Mixed Use Development
revisions
147-K 4/22/97 Wildlife Habitat Map revision
147-L 7/8/97 Structural Land Use Map 2.1 revision
147-M 2/8/98 Agriculture goal and policy revisions
147-N 4/13/98 Agriculture goal and policy revisions
147-O 8/31/98 Agriculture goal and policy revisions
147-P 3/25/99 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers
Map revision
147-Q 10/31/00 Structural Land Use Map 2.1 revision;Urban Growth Boundary map revision;Table 22.4,Land
Use Plan Distribution;Art.I,General provisions;Art.II,Land use categories;Art.III,Land use
amenities;Art.IV;Environmental resources;Appendix transportation definitions,right to farm
covenant
2001-1 5/14/01 Title of Weld County's right to farm
2001-4 9/3/01 Table 22.4,Land Use Plan Distribution
????-? ?/??/02 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan
r
3
Preface: Summary of Weld County Comprehensive Plan
Introduction:
Early in 2001,the Weld County Board of County Commissioners selected a committee of 13 residents of the County
and directed them to review and update the Weld County Comprehensive Plan(WCCP). The committee,made up of
people with diverse interests and backgrounds,and coming from different regions of the County,were exposed to a wide
variety of speakers and guests,some from different departments of Weld County,some from other government agencies,
and some from the private sector. The overall theme of the speakers was an acknowledgment that growth and
development in Weld County is occurring and is expected to continue in the foreseeable future, so it is important for
the County to update and revise the Comprehensive Plan and other land use policies to assure alignment with these
projections.
As elected representatives of the citizens of Weld County,the Commissioners also expressed their desire to update
and revise the Plan,and discussed their expectations with each member during the selection process. The results of this
effort are compiled in the accompanying draft of the 2002 Weld County Comprehensive Plan. The Preface is intended
to present an overview of the Plan and outline the components of the Plan.
The Weld County Comprehensive Plan(WCCP)is a document that serves as the foundation of all land use and
development regulations in the County. The WCCP is adopted by the Board of County Commissioners as an ordinance
that is the basis for the rules and regulations that govern planning,zoning,subdivisions and land use. Supplemental to
the WCCP are the zoning ordinances,development standards and requirements,subdivision procedures and policies,
and other documents,all of which combine to make the framework used by the County government to manage growth
in Weld County.
The WCCP is comprised of five(5)Articles and an Appendix. The Articles are:
I General Provisions
II Land Use Categories
III Land Use Amenities
IV Environmental Resources
V Natural Resources
The Preface will present the highlights of each of these Articles. It is important to note that each Article has many
sections and a thorough reading of the WCCP is essential to fully understand the substance of the document.
ARTICLE I
GENERAL PROVISIONS:
This Article describes what the WCCP is,how it relates to other planning documents;how the planning process
works;as well as some general demographic,geographic and economic information about the County. Also included
in this Article are the Guiding Principles of the WCCP. These principles establish the philosophical foundation of the
plan and help to clarify the intent of the Plan.
The Guiding Principles are:
A. Private Property Rights
/', One of the basic principles upon which the United States was founded and continues to preserve is that the
4
right for citizens to own and utilize their property. Private property rights are not unlimited rights but rather
rights balanced with the responsibility of protecting community health,safety and welfare. It is the goal of the
Comprehensive Plan to express the needs and vision of a developing county, while protecting individual
property rights.
B. Respect for our Agricultural Tradition
Weld County has an agricultural tradition, as reflected by its ranking as one of the richest agricultural
producing counties in the nation. Land use changes are occurring and agricultural zoned land is being changed
to accommodate residential, commercial and industrial development. As these new land uses evolve, it is
important that the established agricultural businesses and associated infrastructures are allowed to continue
to operate. Individuals that move into these areas must realize that they will experience conditions and services
unlike an urban setting and must be willing to accept this lifestyle. Weld County's"Right-to-Farm"can be
found in Appendix 22-E.
C. Fairness in the Land Use Change Procedure
Weld County has established various regulations for the process of land use change. This process must be fair
and equitable to all parties in the following ways:
1. It is a timely process.
2. It is an open process to facilitate public information and input.
3. It provides open communication through the development review process to neighbors and
communities most impacted by proposed changes.
�.. 4. It maintains consistent requirements coupled with flexibility within the implementation criteria.
5. It allows easy access to information about the process so affected parties maybe adequately educated.
6. It has an established appeal process.
7. It allows for approval when all written criteria of the land use regulations are met.
D. Recognition of Weld County's Diversity
Weld County's 4000 square mile area is diverse, geographically, demographically, culturally, socially and
economically. Land use changes therefore must afford flexibility based on the specific location and the particular
circumstances encountered within this locality. It is also important to weigh the cumulative impacts that specific
land use changes will have.
E. Regulations Addressing Land Use Changes
Land use regulations which address land use changes should be written to protect the public health,welfare,
safety, economic as well as social welfare and the rights of private property owners.
Land use regulations which address land use changes should be written so as to accommodate the highest and
best use as determined by the property owner. The term"highest and best use" is defined as "the use, from
among reasonably probable and legal alternative uses,found to be physically possible,appropriately supported,
financially feasible,that results in highest land value . . ."
F. Economic Prosperity
5
Land use policies should facilitate and compliment a diverse economic prosperity and harmonize with
associated growth.
Another important part of the General Provisions is in the Section entitled"Planning Process." This Section
deals with the interaction of the County,other agencies of the Federal,State,and Local governments,citizens
interested in land use matters,and the applicant proposing a land use change on a property in which they have
an interest. To ensure the highest level of courtesy,helpfulness,and professionalism between all parties,the
County will rely on the following five principles in processing any land use matter:
1. The County will encourage citizen participation in the planning process.
2. The County will encourage and promote coordination and cooperation between Federal, State,and
local government entities charged with making decisions which significantly affect land uses in
unincorporated Weld County.
3. The County will discourage inappropriate development in natural hazard areas and reduce
environmental degradation as much as possible.
4. The County will rely upon referral responses from professionals in making recommendations on land
use applications.
5. The County will cooperate with the applicant to achieve the objectives of the applicant while ensuring
the health and safety of County residents.
ARTICLE II
LAND USE CATEGORIES:
This Article lists land use categories such as Agriculture,Industrial,Commercial,Residential and Mixed Use,and
it includes a variety of Goals and Policies associated with each category. Please note that there is no prioritization
of the Goals and Policies. Each is equally weighted. Also discussed in this Article are the towns and cities in the
county and their relationships with each other and, particularly, their relationship with Weld County. The
interaction between the jurisdictions and property owners is also addressed,assuring land owners will be included
in community,regional and county planning. The cooperative efforts of these differing jurisdictions are essential
to coordinating growth in all areas of the county,and the methods of defining the roles and responsibilities of each
party are identified in this Article. The I-25 Mixed Use Development Area(MUD)is also addressed in this Article
with Goals and Policies specific to this area included.
The first two sections of the Article are Existing Land Use and Future Land Use. Presently, Weld County is
experiencing rapid growth in the southern and western parts of the county. Most of this growth is associated with
aggressive expansions of towns in the county. The eastern and northern parts of the county are growing at a more
moderate pace,and many communities in these parts of the county are experiencing difficult economic times. These
factors, and others, combine to create a conflict between the desire to support agriculture and the economic
pressures on landowners to sell or develop their agricultural lands.
Supporting agriculture will continue to be a significant goal of Weld County,but it is recognized that the conversion
of agricultural lands to other uses will continue. The pattern and quality of growth in the future will be guided by
the WCCP. By following the Guiding Principles and applying the Goals and Policies of the Plan,the future land
uses in Weld County will result in:
I. Urban growth occurring where it is appropriate.
2. Development outside of municipalities will occur only at the intensity that can be supported.
6
3. Agriculture will be supported and will continue as a mainstay of the County.
4. All future land uses will be considered with an eye on quality.
As described above,there are several land use categories with each category having associated Goals and Policies.
The following is a summary of each category:
Agriculture:
The importance of agriculture in Weld County is recognized,and supporting agriculture is an important objective
of the county. Agricultural Goal 1 states:"Conserve land for agricultural purposes which foster the economic health
and continuance of agriculture." This Goal is achievable by instituting Agricultural Zoning on most of the
undeveloped lands in the county. Such zoning provides areas for agriculture and related activities by continuing
a minimum parcel size of 80 acres in the Agricultural Zone District.
Conversion of agricultural lands to urban uses will be considered, but only in the areas in or around existing
municipalities or in other areas where adequate facilities such as roads, sanitary sewer,water, etc., and adequate
services such as fire protection, police, schools, etc., are available. Compatibility of land uses will also be
considered.
Conversion of agricultural lands to non-urban uses will be accommodated only in areas that can support such
development with adequate facilities and services. This allows low density and low intensity development to occur
where appropriate. It also encourages techniques and incentives such as clustering,restrictive easements,building
envelopes and setbacks to be used to both minimize the impacts on surrounding properties,as well as conserve lands
for agricultural production.
Supporting agriculture will include protecting agricultural uses by recognizing the "right to farm" and making
significant efforts to inform residents of the county about agricultural operations. Furthermore,water and water
rights are addressed in this section,reinforcing the importance of water and irrigation facilities in the agricultural
economy. It is important to remember that state law governs and administers all water rights and water rules.
Industrial:
Industrial development that is not directly related to agriculture is intended to be located inside municipalities or
in areas that can support the activity with adequate services and facilities. Industrial development is encouraged
because of the economic benefits associated with it,but it is necessary to locate industrial uses appropriately to
assure that impacts are addressed. Industrial uses directly related to agriculture may be accommodated in
agricultural areas.
Commercial:
Urban commercial uses will be encouraged when located inside urban areas or where support for such uses is
available. Mitigation of the impacts of commercial uses is essential to assure compatibility with surrounding land
uses and to avoid undesirable conflicts. Commercial uses directly related to agriculture may be accommodated in
agricultural areas.
Residential:
Residential development is classified in two categories,urban scale development and non-urban scale development:
Mixed Use:
Mixed Use Developments are characterized by a diversity of uses within the boundaries of an area or single
development proposal. These developments can include industrial,commercial,and urban residential uses,and are
intended to be located in urban service areas.
Planned Unit Development:
The PUD section expresses the desire of the county to evaluate development proposals in a process that encourages
flexibility and variety. The various land use categories and the associated rules and requirements of each category
will be used to evaluate any land development proposal;but, the mechanism of the PUD allows variations to the
standards to be incorporated into development designs that will improve the quality of the development. The PUD
establishes a cooperative relationship between landowner and the county planning services department to facilitate
collaboration,which will result in better development in Weld County. This approach promotes quality,creativity,
innovation and flexibility.
The cumulative effect of the Goals and Policies described in Article II will result in:
Maintaining the prominence of agriculture in the county.
Urbanization occurring in and around the cities and towns within Weld County.
Property owners rights and responsibilities will be balanced.
The quality of land uses will remain high.
ARTICLE III
LAND USE AMENITIES:
This Article is made up of two areas of discussion: Public Facilities and Services,and Transportation.
Public Facilities and Services:
Public facilities and services include such things as fire protection, law enforcement, water, sewer, roadways,
schools,parks and open space,and other facilities and services. Any proposal to change land uses will require an
examination of the change and how it is influenced by or influences these facilities and services. Development will
be required to align itself to the adequacy of facilities and services.
Transportation:
Transportation includes discussions about the county road system,road classifications,pedestrian and bicycle paths,
scenic road byways, regional transportation planning, air transportation and rail transportation. The Goals and
Policies of these sections promote efficient and multi-modal transportation that is sized and designed appropriate
to the uses. Again,any proposed land use changes will be required to address the impacts on transportation that
may occur because of the change.
ARTICLE IV
ENVIRONMENTAL RESOURCES:
This Article deals with air quality,water quality, noise and waste. The impacts from proposed land uses on air,
water, noise, waste and public health should be considered. The intent is to maintain or improve these
environmental resources to prevent harm to life,health and property.
Each category of environmental resources includes various Goals and Policies expressing the importance of
properly managing and conserving the resource as well as what mechanisms will be employed by the county to do
8
so. Each category has standards established by Federal,State and County regulations which require evaluation by
the Department of Public Health.
ARTICLE V
NATURAL RESOURCES:
This article discusses wildlife,open space,commercial and mineral deposits, and oil and gas deposits.
Wildlife:
The county recognizes that wildlife is an important contributor to the economic health and quality of life in Weld
County. Therefore,evaluating and mitigating the impacts on critical ecosystems components,including wetlands,
significant wildlife habitats, migration corridors, and the existing wildlife is an essential element of land use
decisions. The Goals and Policies of this section reinforce the relationship between property owners,the county
and the Colorado Division of Wildlife to promote wildlife friendly land uses in Weld County.
Open Space:
The central theme of the county's open space Goals and Policies is to minimize conflicts between areas for open
space and development. It is acknowledged in this section that much of the open,undeveloped land in Weld County
is privately owned and,as such,is not guaranteed to remain undeveloped. However,if development occurs,open
space,parks and/or recreation will be provided to enhance the quality of life and enjoyment of the environment.
Issues such as which lands should be protected from development;what lands are most suitable for open space;how
interconnection of open space lands,both public and private should be encouraged;compensation for public open
space on private lands;noxious weed control;and,the encouragement of trails are also addressed in this section.
Commercial and Mineral Deposits:
This section pertains to mining in Weld County. Generally,there are two types of mining operations in the county,
coal mining and gravel mining. The State of Colorado and the Federal Government are the primary regulatory
entities overseeing these mining activities. Weld County will cooperate with these agencies and the mining operator
to strive to conserve the land,protect the habitat of fish and wildlife,mitigate the impacts on surrounding properties,
address traffic issues and properly reclaim mined areas.
Oil and Gas Deposits:
As with mineral deposits,oil and gas are primarily regulated by state and federal agencies. The county expects oil
and gas exploration and production to be conducted in a manner which minimizes interference with existing surface
uses and mitigates the impacts to present and future land uses.
APPENDIX:
The Appendix contains maps,charts and other data relevant to the plan. It also includes"Weld County's Right to
Farm" statement, some definitions, a discussion about the tax limitations of the county, and the sources used to
develop the WCCP.
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, 1995 and 2002 as outlined in the History of Amendments in this Chapter.
Sec.22-1-20. Relationship to planning documents.
A. The Comprehensive Plan identifies specific land use goals and policies which are intended to provide guidance
and direction for existing and future land use. The basic documents used by the County to carry out the goals and
policies of the Comprehensive Plan as contained in this Chapter, are the Intergovernmental Agreements,
Zoning and Subdivision Ordinances and the Mixed Use Development and Planned Unit Development Plans,
contained in Chapters 19,23,24,26 and 27 of this Code.
B. The Intergovernmental Agreements, Chapter 19, illustrate a coordinated planning agreement between the
County and various municipalities.
C. The Zoning Ordinance,Chapter 23,is a regulatory document. It defines land use application procedures and
responsibilities, standards and regulations pertaining to zone districts and overlay districts, nonconformance,
enforcement and the Board of Adjustment.
D. The Subdivision Ordinance, Chapter 24, is the regulatory document defining regulations and minimum
standards for subdivision development,including design standards for facilities,utilities and other improvements.
Chapter 24 also explains the procedures for subdividing a parcel of land.
E. The Mixed Use Development Plan,Chapter 26,is the regulatory document defining regulations and minimum
standards for development in a geographical region of the County.
F. The Planned Unit Development Plan, Chapter 27, is a subdivision mechanism used which provides greater
flexibility than the Subdivision Ordinance,Chapter 24.
G. The Intergovernmental Agreements, Zoning and Subdivision Ordinances, Mixed Use Development and
Planned Unit Development Plans,Chapters 19,23,24,26 and 27,are intended to implement and carry out the goals
and policies of this Chapter.
Sec 22-1-30. Comprehensive plan guiding principles.
The Weld County Comprehensive Plan was originally written in 1974 and has been subsequently revised and
updated several times. In 2001,a committee made up of Weld County citizens with diverse backgrounds completed the
most recent update of the Comprehensive Plan and the following guiding principles were developed by this group as
a foundation for land use policy in Weld County.
A. Private Property Rights
One of the basic principles upon which the United States was founded on and continues to preserve is the right
of citizens to own and utilize their property. Private property rights are not unlimited rights but rather rights
to
balanced with the responsibility of protecting community health and safety. It is the goal of the Comprehensive Plan
to express the needs and vision of a developing county,while protecting individual property rights.
B. Respect for our Agricultural Tradition
Weld County has an agricultural tradition, as reflected by its ranking as one of the richest agricultural
producing counties in the nation. Land use changes are occurring and agricultural zoned land is being changed to
accommodate residential,commercial and industrial development. As these new land uses evolve,it is important
that the established agricultural businesses and associated infrastructures are allowed to continue to operate without
additional constraints. Individuals that move into these areas must realize that they will experience conditions and
services unlike an urban setting and must be willing to accept this lifestyle. Weld County's"Right-to-Farm"can
be found in Appendix 22-E.
C. Fairness in the Land Use Change Procedure
Weld County has established various regulations for the process of land use change. This process must be fair
and equitable to all parties in the following ways:
1. It is a timely process.
2. It is an open process to facilitate public information and input.
3. It provides open communication through the development review process to neighbors and
communities most impacted by proposed changes.
4. It maintains consistent requirements within the implementation criteria.
5. It allows easy access to information about the process so affected parties may be adequately educated.
6. It has an established appeal process.
7. It allows for approval when all written criteria of the land use regulations are met.
D. Recognition of Weld County's Diversity
Weld County's 4000 square mile area is diverse, geographically, demographically, culturally, socially and
economically. Land use changes therefore must afford flexibility based on the specific location and the particular
circumstances encountered within this locality. It is also important to weigh the cumulative impacts that specific
land use changes will have.
E. Regulations Addressing Land Use Changes
Land use regulations which address land use changes should be written to protect the public health,welfare,
safety, economic as well as social welfare and the rights of private property owners.
F. Economic Prosperity
Land use policies should facilitate and compliment a diverse economic prosperity and harmonize with
associated growth.
Sec.22-1-40. Principal plan components.
A. Goals and policies are the two(2)principal components of this Chapter. The goals are expressed as written
statements and represent the direction county citizens have selected for the future. Goals were developed and
adopted with input from the public, civic organizations,municipalities and agencies of the State and the federal
government.The adopted goals of this Chapter provide public officials and private citizens with criteria for making
planning decisions.
B. The policies contained in this Chapter are expressed as written statements and maps. The written policy
statements are specific guidelines for public planning decisions. The policy maps,the most recent copies of which
I
are on file at the Clerk to the Board's office and the Department of Planning Services,graphically identify important
wildlife areas,mineral resources and existing and future general land use classifications. The policy statements and
maps provide additional background and clarification to the County goal statements.
Sec.22-1-50. Planning process.
A. The County planning process is designed to provide a consistent review of individual land use matters. The
County Staff,Board of Adjustment,Utility Board and Planning Commission are the four(4)groups responsible
for processing and evaluating land use applications in the county. The Board of County Commissioners is the group
responsible for planning decisions in the county.Chapters 19,22,23,24,26 and 27 of this Code,are the essential
documents describing the planning review,decision-making and appeal process.
B. The Department of Planning Services welcomes the opportunity to discuss the planning process with interested
persons. Most initial discussions and inquiries about the planning process,including land use applications,site plan
review procedures and the zone district classifications,begin with the Department of Planning Services.
C. When the Department of Planning Services receives a land use application, it is processed and reviewed for
compliance with the appropriate sections of this Chapter and Chapters 19,23,24,26 and 27 of this Code. The type
of land use application determines the administrative body responsible for review and decision-making. For
example,a use by special review application is initially processed by the Department of Planning Services. The
planning staff prepares a written recommendation for the applicant and presents that recommendation to the
Planning Commission in a public meeting. The Planning Commission reviews the information presented,evaluates
any public testimony and formulates a recommendation regarding the land use application. The Planning
Commission's recommendation is then forwarded to the Board of County Commissioners. In a public meeting,the
Board of County Commissioners reviews the Planning Commission's recommendation, evaluates any public
testimony and makes a decision regarding the use by special review application.
D. This Chapter and Chapters 19, 23,24, 26 and 27 of this Code enable the public to examine the relationship
between general land use planning goals and specific policies and regulations to participate in the decision-making
process. The planning process combines the interaction of elected officials, and the support staff from the
Department of Planning Services and other County departments.
E. In order to ensure joint cooperation between citizens and professionals,the County will rely upon the following
five(5)principles:
1. The County will encourage citizen participation in the planning process.
2. The County will encourage and promote coordination and cooperation between federal, state and local
governmental entities charged with making decisions which significantly affect land uses in unincorporated
Weld County.
3. The County will discourage inappropriate development in natural hazard areas and reduce environmental
degradation as much as possible.
4. The County will rely in part upon recommendations from referral agencies and professionals,in making
recommendations on land use applications.
5. The County will cooperate with the applicant in evaluating the objectives of the applicant and the options
available to the applicant while ensuring the health,safety and welfare of County residents.
Sec.22-1-60. Comprehensive Plan amendment procedure.
Evaluation of the Comprehensive Plan,contained in this Chapter,is necessary to provide an accurate statement of
County land use goals and policies based on current data and the needs of County citizens. Therefore,when changes
12
in the social,physical or economic conditions of the County occur,it becomes necessary to reevaluate and change land
use goals and policies. The following procedures have been established to amend the Comprehensive Plan.
A. An overall review and update will be conducted at least every ten(10)years or earlier as directed by the Board
of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan as contained
in this Chapter. The procedure involved in the update shall include an opportunity for the general public,
Department of Planning Services,municipal,state and federal agencies to submit proposed changes and to review
and comment on any amendments being considered by the Planning Commission and the Board of County
Commissioners.
B. Individuals may submit a proposal to amend this Chapter in accordance with the following procedure:
1. Comprehensive Plan amendment proposals shall be considered biannually with a public hearing
process beginning in March or September of each year.
2. The petitioner shall pay for the cost of legal publication of the proposed amendment and all land use
application fees.
3. A typewritten original and eleven(11)copies of the proposed amendment must be submitted to the
Department of Planning Services no later than February 1 or August 1 of each year to be considered for review
and public hearings. The following items shall be submitted as part of the proposed amendment:
a. A statement describing why the Comprehensive Plan is in need of revision.
b. A statement describing how the proposed amendment will be consistent with existing and future
goals,policies and needs of the County.
4. In the case of an amendment to the I-25 Mixed Use Development Area Map,the proposed amendment
must:
a. Demonstrate the proposed inclusion into the Mixed Use Development Area map or codification to
the existing land use classification as outlined on the Mixed Use Development Area map,is adjacent to
and contiguous with the existing I-25 Mixed Use Development Area Map.
b. Describe how the proposed amendment will address the impact on existing or planned service
capabilities. This statement shall include how emergency services will be provided to the proposed area.
c. Delineate the number of people who will reside in the proposed area. This statement shall include
the number of school-aged children and address the cultural and social service provision needs, such as
schools,of the proposed population.
d. Submit a deed or legal instrument to the Department of Planning Services identifying their interest
in the property.
e. All significant developments within the MUD area shall be required to prepare a preliminary traffic
impact analysis. All traffic analysis information and reports shall be prepared and certified by a registered
professional engineer competent in traffic engineering. The intent of this analysis is to determine the
project's cumulative development impacts,appropriate project mitigation and improvements necessary to
offset a specific project's impacts. This analysis shall include the following information:
1) Introduction: Describe the proposed development and parameters of the study area.
2) Trip generation: Determine daily and a.m. and p.m.peak-hour trip generation for the proposed
development using established rates identified in the Trip Generation Manual published by the
13
Institute of Transportation Engineers or as agreed to by County staff.
3) Trip distribution: Based on assumptions contained in the MUD area traffic analysis or
market estimate,describe the anticipated trip distribution patterns for the proposed development.
4) Trip assignment: Based on the projected trip generation,assumed trip distribution and the
prevailing roadway network,assign the projected traffic to the intersections and streets within the study
area.
5) Any additional information deemed necessary for review.
5. The Department of Planning Services shall,upon submission of a request to amend the Comprehensive
Plan:
a. Ensure that all application submittal requirements are met prior to initiating any official action.
b. Set a Planning Commission hearing date.
c. Arrange for legal notice of said hearing to be published one(1)time in the newspaper designated by
the Board of County Commissioners for publication of notices. The date of publication shall be at least
ten(10)days prior to the hearing.
d. Arrange for a press release regarding the proposed amendment in order to inform as many County
citizens and interested parties as possible.
e. Prepare a recommendation for consideration by the Planning Commission.
6. The Department of Planning Staff's recommendation shall consider whether:
a. The existing Comprehensive Plan is in need of revision as proposed.
b. The proposed amendment will be consistent with existing and future goals,policies and needs of the
County.
c. The proposed amendment has demonstrated that adequate services are available.
d. Referral Agency responses have been received.
7. In the case of any amendment to the I-25 Mixed Use Development Area Map:
a. The proposed amendment inclusion into the Mixed Use Development Area map or modification to the
existing land use classification as outlined on the Mixed Use Development Area map,is adjacent to and
contiguous with the existing I-25 Mixed Use Development Area Map.
b. The proposed amendment will address the impact on existing or planned service capabilities including,
but not limited to,all utilities infrastructure and transportation systems, and;
c. The proposed number of new residents will be adequately served by the social/cultural amenities,such
as schools,of the community.
8. The Planning Commission shall hold a public hearing to consider the proposed amendment to the
Comprehensive Plan text and maps. The Planning Commission shall recommend approval or denial of the
proposed amendment to the Board of County Commissioners.
r
14
9. The Planning Commission shall consider the proposed amendment,the Department of Planning Services'
r
recommendation,and any public testimony and determine whether:
a. The existing Comprehensive Plan is in need of revision as proposed.
b. The proposed amendment will be consistent with existing and future goals,policies and needs of the
County.
10. The Board of County Commissioners shall receive the Planning Commission recommendation and planning
staff recommendation at a public meeting. Receipt of the recommendation shall constitute the first reading of
the Comprehensive Plan ordinance. The second reading of the ordinance shall take place not more than sixty
(60)days after receipt of the Planning Commission's recommendation. The Board of County Commissioners
may then proceed to a third and final hearing of the Comprehensive Plan ordinance.At the close of the public
hearing,the Board of County Commissioners may amend the Comprehensive Plan according to the procedures
established in Section 3-14 of the Home Rule Charter.
11. The Board of County Commissioners shall consider the proposed amendment,the Planning Commission's
recommendation and any public testimony,and determine whether:
a. The existing Comprehensive Plan is in need of revision as proposed.
b. The proposed amendment will be consistent with existing and future goals,policies and needs of the
County.
Sec.22-1-70. Location.
A. The County contains approximately four thousand four(4,004)square miles and is the third largest county in
the State. Weld County is twice the size of the state of Delaware. The County is bounded on the west by Larimer
and Boulder Counties,on the east by Morgan and Logan Counties,on the south by Adams County and on the north
by Wyoming and Nebraska. See Figure 22.1 below.The largest municipality in the County is the City of Greeley,
with a 2000 Census population of 76,930 people. The population for the City of Greeley increased 30%between
1990 and 2000(60,454 in 1990).
B. The transportation in the County is provided by Interstate I-25 and Highway 85 for north and south transit,
Highway 14 and Highway 52 for east and west transit,Interstate 76 for more easterly travel,and the several Colorado
highways which traverse the region,as well as 3,154.55 miles of publicly maintained County roads. The highway
and road system in the County is managed,in part,by the Colorado Department of Transportation,the County and
the thirty-one(31)municipalities within the County. The County's road system presently consists of six hundred
sixty-five (665) miles of paved roads and two thousand four hundred ninety (2,490) miles of gravel roads. In
addition, there are currently four hundred eighty-seven(487)miles of state highway system and several hundred
miles of municipal roads.
C. The County is located in the northeastern portion of the State,in the Great Plains area,approximately forty(40)
miles east of the Continental Divide. The County has elevations ranging from four thousand four hundred(4,400)
feet above sea level at the egress of the Pawnee Creek to highs of approximately six thousand two hundred(6,200)
feet above sea level in the northwestern portion of the County. The County has a number of valuable streams and
rivers including: the South Platte,the Cache la Poudre River, St.Vrain Creek,Crow Creek,Thompson River and
Kiowa Creek. The larger reservoirs in the County include: Empire, Riverside, Milton, New Windsor, Lower
Latham, Black Hollow and Union. Located in the interior of the North American continent,the County experiences
r
15
Figure 22.1. Locational Map
f
i
7/4
wide temperature changes from season to season and rapid weather changes due to storms traveling from west to
east throughout the region.The average temperature for the month of January is 40 degrees Fahrenheit. The average
temperature for the month of July is 90 degrees Fahrenheit. The average rainfall amount is 12 inches and the average
annual snow fall is 27 inches.The last day of Spring frost(32 degrees Fahrenheit)is May 11. The first day of Fall
frost(32 degrees Fahrenheit) is September 30. The average growing season in the County is 143 days.
Sec.22-1-80. County population.
A. The population growth rate has been approximately twenty-five percent(25%)per decade,which is more than
triple the national average. Between 1990 and 2000, the population increased thirty-seven percent (37%).
Approximately seventy-three percent(73%)of the population is located in an eight-hundred-square-mile area in the
southwestern part of the County. The 2000 population density for this area is approximately one hundred fifty-nine
(159)people per square mile.The population density of this area increased seven percent(7%)from 1990 to 2000.
B. In 2000, 180,936 people lived in the County,which represented four and two tenths percent(4.2%)of the total
state population in 2000. The median age of County residents in 2000 was thirty and nine-tenths (30.9) years
compared with the state median age of thirty-four and three-tenths(34.3). The gender distribution ratio was similar
for both the County and the State for this time frame The overall dispersion of the County's population resembles
the state population with the exception of the County having proportionally a younger work force. For additional
statistics please refer to Appendix 22-A.
C. The County population in 2000 was mostly homogeneous with seventy percent(70%)of the County population
classified as white, not of Hispanic or Latino origin. Twenty-seven percent(27%) of the County population is
classified as persons of Hispanic or Latino origin. The Census 2000 was the first year in which respondents could
select multiple-race categories. Refer to Appendix 22-A for additional information regarding these categories.
D. Among the sixty-four(64)counties in Colorado,Weld County ranks eighth in total population.The County is
classified as an urban county by the Demographic Section of the Colorado Division of Local Government.
E. The significance of the County's population growth is its magnitude and distribution. Between 1990 and 2000,
the State grew at a rate of thirty and six-tenths percent(30.6). For this same period of time, the County grew by
twenty-seven percent(27%),and the nation by thirteen and one-tenths percent(13.1).
F. Population growth in the County is projected to average a compounded growth rate of three and sixteen-
hundredths percent(3.16%)a year through 2020. This growth rate is nearly double the annual compounded growth
rate of one and sixty-one hundredths percent(1.61%) projected for the State.
r
16
G. A review of the historical and future projections of the population growth in the County reveals a steady
increase in the total population every decade from 1900 to 2000,except 1930 to 1940. The population density per
square mile increased from four (4) people in 1900 to forty-five and three-tenths (45.3) people in 2000 and is
projected by the Colorado Division of Local Government to increase to over eighty-six(86)people per square mile
by 2020.
H. In 1999,Weld County had a per capita personal income(PCPI)of$22,852. This PCPI ranked 40th in the State,
and was 72 percent of the State average,$31,533,and 80 percent of the national average,$28,546. The 1999 PCPI
reflected an increase of 4.0 percent from 1998. The 1998-99 State change was 5.6 percent and the national change
was 4.5 percent. (U.S. Bureau of Economic Analysis)
I. According to a 1997 study conducted by Colorado State University, Weld County continues to be an
Agribusiness Important county, although the degree of agribusiness' importance is falling. Agribusiness
Dependent counties are those counties which receive more than 20 percent of total county income from agribusiness
industries whereas Agribusiness Important counties receive between 10 and 20 percent of their income from
agribusiness industries. In 1992, 15.8 percent of Weld county's income was generated from agribusiness industries
while in 1997 it fell to 11.6 percent even though agribusiness had increased. This is due to other sectors of the
economy growing at higher rates and continued diversification of Weld County's economy.
The Economy are those aspects of a society which are involved in the employment of scarce productive
resources, the production of various commodities, the provision of services, and their distribution about various
people and groups.Within the region,the"Economy"is another word to describe the interaction of all the Elements:
People,Resources,Systems and the Rest of the World. We are able to evaluate their size or impact by looking at:
I. Employment and Income in Basic Industries.
2. Employment and Income in Indirect Basic Industries and Local Resident Service Industries.
The Economic Base Analysis for Weld County may be found in Appendix 22A.
17
ARTICLE II
Land Use Categories
Sec. 22-2-10. Foundations of existing land use.
A. The way land is presently used is one of the most important considerations in land use planning. Most existing
development continues into the future and has a strong influence on the pattern of development and land use in the
County. The existing land use pattern has been created through the process of early settlement and economic
development. From the beginning of settlement in the County,economic activities have centered on agriculture.
Trade centers were established to provide goods and services to those engaged in farming activities. Transportation
routes and facilities were developed to move goods and people,and to facilitate economic development.
B. Increases in urban type uses will bring about decreases in the land area dedicated for farmland.The percentage
of urban type use is not as significant as the pattern of use. A dispersed pattern of urban type land uses make large-
scale agricultural operations difficult and is often costly to provide services to dispersed developments.
C. Throughout the history of the County,population and economic growth required the development of previously
undeveloped land. Future growth will require continued urban land area expansion within municipal urban growth
boundary areas ,as well as amounts of rural area development.Much of this expansion will, as it has in the past,
require the conversion of land categorized as farmland to urban uses. The intent of efficient land use planning in
the County is to,when possible,minimize the impact of development on agricultural lands.
D. Over the last decade,Weld County has experienced a variety of growth patterns. Generally, in the northern
and eastern regions of the County,there has been little or slow growth. In the southern and western portions of the
County,particularly in the corridor along and between I-25 and Highway 85, growth has been very rapid. Most
of this growth is associated with aggressive annexations by smaller towns,reaching out to the highways to capture
potential commercial and industrial users,which will boost their tax bases. A good part of the residential growth
is from people seeking more affordable housing and a smaller town environment,even though they commute to the
employment centers around the Denver/Boulder Metro area. In the unincorporated areas of Weld County,some
large lot development has occurred in the growth corridor,as well as in the other areas of the County,offering a
different product for those who want a more rural lifestyle and a less crowded place to live.
E. Agricultural land use remains the predominant land use in the County despite increased growth and a significant
increase in the number and size of annexations. Coincidentally,the areas of most intense growth pressures are the
same areas that have the best irrigated farmlands.
F. These factors,and others, all combine to create a conflict between the desire to support agriculture and the
economic pressures on the landowners to develop their agricultural lands. As the economy of Colorado continues
to advance,it is likely that the conversion of agricultural lands to more urbanized uses will also continue.
Sec. 22-2-20 Foundations of future land use.
A. Through the comprehensive planning process, all types of costs associated with development (including
economic and environmental) can be reviewed. An urbanization pattern created without knowledge of future
surrounding land uses is likely to lack some essential ingredients of long-term desirability. Without preparation
for future land use patterns,it is difficult to anticipate locations for schools,parks and traffic circulation systems
that will not require additional improvements each time someone decides to develop. The costs of such additional
improvements and the limitations of existing improvements lessen the development opportunities for adjacent
landowners. This Chapter promotes controlled or orderly urban expansion in relation to the existing and future land
use patterns and establishes minimum guidelines for urban type growth within the County.
18
B. Urban sprawl develops when an orderly pattern for growth and development cannot be achieved. Higher costs
are incurred both initially and ultimately in providing public services to a sprawl growth area. Often, scattered
development requires the extension of services through undeveloped areas. Extension of services through these
undeveloped areas creates an under-utilization of services,which contributes to higher service costs for all County
citizens.In addition to the economic considerations associated with urban development patterns,there is also the
problem of competition and conflict between urban and rural land use interests. All of the thirty-one (31)
municipalities in the County are surrounded by farmland. As urban areas continue to expand,these resource lands
are either directly converted to urban uses or are adversely influenced due to inherent conflicts between rural and
urban activities.
C. The provision of infrastructure such as transportation systems,sewage disposal,water systems, for example
are important aspects to consider during the planning stages of development. The capacity of planned and future
infrastructure shall be evaluated on a site-specific basis. The impact to the surrounding area shall also be
considered.
D. Weld County recognizes the need to accommodate future well-planned growth,and shall take action to insure
that expanded basic services such as transportation,fire and police protection,for example,will adequately service
additional growth. Current basic services should be re-evaluated as to necessity, cost, innovative funding and
flexibility in diverse areas of the county.
E. It is expected that the pattern of growth will continue as described in Section 22-2-10, Existing Land Uses.
Since growth is directly related to the economic conditions of the State,the rate of growth is somewhat variable;
but, it is acknowledged that managing the quality and pattern of growth is important to the sustainability of the
economy,as well as the quality of life for Weld County citizens.
F. Supporting agriculture will continue to be a significant goal of Weld County. However, the pressures to
convert agricultural lands to other uses will continue to eliminate more and more lands from agricultural production.
Most of these lands will be annexed into municipalities leaving Weld County's land use jurisdiction;however other
lands in the County's jurisdiction maybe suitable for less intensive development. Lands further out and those lands
which lie outside of the areas of growth pressures will most likely retain predominately agriculture uses. Given
this future land use scenario,it is important that the County employ the following smart growth management tools:
1. Cooperation shall be encouraged between agricultural operations and development,both urban and rural.
This cooperation provides the opportunity to reduce conflicts and competition, and encourages mutual
appreciation of the vital importance of both entities.
2. Work with the municipalities in the County through Intergovernmental Agreements and urban growth
boundaries to address the quality of developments, particularly in the areas of transition between the
municipalities and the County. Emphasis should be placed on infrastructure such as roads,sewer,water,and
drainage,etc.,so all parties are aware of the impacts that may be felt by the County and municipality. Also,
the expansion of urbanization in and around agricultural land uses creates many issues for the ag-land owner
as well as the subdivision resident. It is important that these issues are recognized and addressed.
3. Accommodate development of lands outside of municipalities which may include land within urban
growth boundaries if:
a. The impacts of such development are adequately addressed;
b. The infrastructure is capable of handling the intensity of the developments;
c. The pattern of development is compatible with the region.
19
4. Encourage the conservation of agricultural lands as well as significant geographic areas(i.e.rivers,major
drainage-ways,jurisdictional wetlands,etc.)through the implementation of voluntary incentives such as:
a. Open space acquisitions.
b. Conservation easements.
c. Transfer of development rights.
d. Other innovative and creative techniques such as,but not limited to, those made by the Agriculture
Study Committee.
5. Support agriculture by adopting policies and regulations that do not create regulatory burdens on the
agricultural producer.
6. Promote quality planning that is:
a. Sensitive to the surrounding land uses.
b. Respectful of the natural environment.
c. Protective of the health,welfare and safety of the citizens of Weld County.
d. Regionally linked i.e.by roadways and trails.
e. Cognizant of incorporating progressive planning concepts creating an aesthetically pleasing and
r. functionally livable community.
G. By following the Guiding Principles of the Comprehensive Plan and applying smart growth concepts future
land uses in Weld County will result in:
1. Urban growth occurring where it is appropriate as determined through the land use application process.
2. Agriculture will be supported and continue to be a mainstay of the County.
3. All land uses being considered with an eye on quality.
4. This approach will not halt the changes that are occurring,but it will allow the citizens to manage these
changes so Weld County will continue to be a great place to live.
H. Consideration for the protection of property values in the various Overlay Districts shall be given to lands
under development consideration. Consideration of the protection of the life,safety and welfare of the present and
future citizens of the County shall be given when lands affected by the various Overlay Districts are under
development consideration. These Overlay Districts include the Airport Overlay District,the Geological Hazard
Overlay District and the Flood Plain Overlay District.Further definition of these districts are provided in Chapter
23.
1. Areas comprised of limiting site factors contain certain physical elements that obstruct or are hazardous
to certain types of development. These physical elements include flood plain,critical wildlife habitat areas,
aquifer recharge,riparian areas,topographical constraints and other similar inhibiting elements. Although
these sites contain factors which limit certain types of development, these areas are nevertheless usable for
agricultural production,recreational activities and parks,or other functions that cannot damage or be damaged
by the constraining site factors. These areas can also enhance the character of the unincorporated areas of the
20
County by providing corridors for trails and wildlife, and for the protection of natural resources, riparian
habitats and natural features essential to the identity of these county areas.
2. Land designated as having limiting site factors are primarily defined by the one-hundred-year flood plain
(as defined by FEMA Flood Insurance Rate Maps) which comprises approximately four and thirty-seven
hundredths percent(4.37%)of the County land mass. Additional land containing limiting site factors is located
along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical,development within
areas having limiting site factors shall be located to preserve the natural features of the site,to avoid areas of
environmental sensitivity,and to minimize negative impacts and alteration of natural features.
3. Development in the flood plain may be accomplished through engineering of the site, site location, or
structure or by gaining approval from FEMA and/or acquisition of Flood Insurance.
4. For development in the Geological Hazard Area, landowners should consult the appropriate section of
Chapter 23 as well as contact the State of Colorado Geological Survey Section.
5. For development in the Airport Overlay Area, landowners should consult the appropriate section of
Chapter 23 as well as contact the Greeley/Weld County Airport Authority.
Land Use Categories
Sec. 22-2-30. Agriculture.
A. Weld County consistently ranks among the top five counties in the nation in terms of receipts for agricultural
products by the Census of Agriculture since 1964. The County is one of the most productive agricultural counties
in the State,and accounts for five and eighty-seven hundredths percent (5.87%)of the State's thirty-two million
(32,000,000)acres of land in farms. The soil,topography and irrigation system support this extensive agricultural
industry. The County's significant amount of irrigated and non-irrigated farmland produces a wide variety of crops.
The State and County witnessed a decline in the number of acres devoted to the farming industry since the 1992
Census of Agriculture. Weld County experienced a decrease of eight percent(8%),double the State's decrease
in loss of acres devoted to the farming industry. The number of full time farms also decreased nine percent(9%)
from one thousand eight hundred seventy(1,870)farms in 1992 to one thousand six hundred ninety-eight(1,698)
in 1997. This decrease was double the decrease witnessed at the State level. The market value of agricultural
products sold in the County increased nine percent(9%)to more than one billion dollars($1,286,636,000)in the
1992 to 1997 time frame. The overall impact of agri-business in Weld County,including income and gross sales,
is$3.9 billion annually.
B. Crops produced in the County are onions, sugar beets, pinto beans,potatoes, corn, alfalfa, wheat, carrots,
barley and sorghum,in addition to other specialty crops. Many of the feed crops are utilized locally by the livestock
industry. For example,most of the corn grown in the area,both silage and grain,is used for feed at commercial
feedlots,farm feedlots and dairies. Significant numbers of sheep,swine and turkeys also use the feed crops from
the area. A summer fallowing rotation program is practiced on the non-irrigated farmland. Summer fallowing is
necessary to store enough moisture for sustained high yields.
C. Water is delivered to farmland through some of the largest and most complex reservoir and irrigation ditch
systems in the world.One of a number of influencing systems is the Colorado-Big Thompson project,which makes
water available from the State's Western Slope. In addition,shallow and deep wells made possible by the existence
of deep broad aquifers are productive sources of irrigation water. The development of these resources and features
has made agriculture an important industry in the County since the founding of the Greeley Union Colony in 1870.
Sec.22-2-40. Agricultural industry and benefits.
21
A. The agricultural industry in the County is a complete farm and food system. This system begins with growing
and raising farm produce and ends as a product ready for purchase by consumers after it has been processed and
transported to the marketplace.
B. The following have a role in the County's farm and food system:
1. There are approximately three thousand(3000)operators of livestock,poultry,vegetable, fruit,nursery
and grain farms located in the County.
2. Nearly half of the County's farmers listed farming as their secondary occupation according to the 1997
Census of Agriculture.This figure is higher than the 1992 Census of Agriculture which identified one-third
of the County's farmers listing farming as their secondary occupation.
3. Those who offer farm-related products and services. Examples of these local industries are fertilizer and
chemical product companies,suppliers of feed(grain,livestock and poultry),implement dealers,energy and
petroleum product companies,well,pump and irrigation companies,veterinarians,aerial crop sprayers,farm
laborers,commercial lending institutions, insurance and transportation industries.
4. Those who purchase products grown and raised on farms for manufacturing,processing and distribution.
Examples of these local industries are meat,egg,dairy and vegetable processing and distributing facilities,and
bakeries.
5. Grocery stores and other food retailers.
6. Restaurant and other food catering businesses.
,.� C. The agricultural industry is an important element in the County economy. The market value of agricultural
products and the chain of purchases related to agricultural production contributes significantly to the County's
economy. Every dollar that the farmer spends to increase agricultural production creates additional dollars spent
on activities related to production. For example,activities such as livestock processing will require purchases of
feeder cattle,breeding stock,feed,water,machinery, fuel,labor,transportation,government services and capital
(banks and savings and loans).
D. Food processing and related products contribute significantly to the manufacturing economy of the County.
There are additional impacts to other areas of the economy,such as retail and wholesale trade and transportation
services.
E. Agricultural lands help maintain a sense of rural identity and diversity. These lands allow communities to
maintain separate identities,at the same time conserving productive farmland. While crop lands in the agricultural
district also provide relatively open landscapes,they are privately owned. Unlike urban open space areas,public
access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands,but
can be converted by the individual land owner to other uses through the appropriate land use process.
F. As a secondary benefit,agricultural land use helps to maintain natural systems and natural processes. These
may include the preservation of wetlands,small watersheds,aquifer recharge areas,flood plains and special wildlife
habitats.
Sec.22-2-50. Concerns of farming as an industry.
A. Most of the County's first citizens were engaged in farming activities. During this time,it was necessary for
farming operations and the community to be in close proximity. Because of these settlement patterns of the
County's first citizens, and because these areas have proven attractive as sites for expanding communities, some
22
of the most highly productive agricultural land borders urban population centers. As municipalities continue to
grow, their expansion encroaches on farm operations. According to (2001) statistics provided by the state
demographer,the population in the County is expected to double from 2000 to 2020(2000 population of 181,931
to 2020 projected population of 344,774),indicating that the competition for land and water will continue.
B. The pressure to use land for other than agricultural purposes is the result of complex private and public
decisions. Residential and commercial development,and the associated infrastructure to service the development,
are examples of uses which have a powerful impact on whether or not agricultural land will be converted to other
uses.
C. Both perceived and real conflicts between agricultural uses and non-agricultural uses can impact the
agricultural industry. Agricultural operations want non-agricultural uses to recognize normal agricultural practices
in their area,and in turn,the agricultural uses will recognize the non-agricultural. Residents of Weld County should
be encouraged to read and understand the intent of the adopted Right to Farm.Tension between farming and non-
farming uses is occurring from restrictions on normal farming practices in areas encroached upon by residential,
commercial and industrial uses. Many of the problems stem from unrealistic expectations and a misunderstanding
of agricultural production by those seeking a rural lifestyle .
D. It is important that County representatives and officials recognize their role in reducing the conflicts between
agricultural uses and residential,commercial and industrial uses. Consistent interpretation and administration of
this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help in reduction of conflicts. Using these
documents to make consistent land use decisions,reinforces their usefulness as an information and decision-making
tool on land use decisions made by private parties, as well as public officials.
E. Irrigation is an important component of agriculture in the County. There is a vast array of channels and water
conveyance structures within the irrigated portion of the County,which facilitates irrigation. It is important to
understand that ditch and reservoir companies have established legal rights that allow them to operate. Ditch
easements may be recorded but many easements are established by use,since most ditches have been in existence
well in excess of one hundred years. Landowners adjacent to ditches must be aware that these areas require access
for cleaning(removal of silt),burning of weeds,and general maintenance. Irrigation companies are not responsible
for normal seepage from ditches,as long as the general operation of the ditch is not negligent,and is consistent with
historic use.
F. The practice of agriculture, and lands used for agriculture, are important facets of Weld County, both
historically and currently. Lands used for agricultural purposes appear to be undeveloped open lands,but are in
fact privately owned businesses. These agricultural lands serve a public purpose by often providing for the
protection of environmentally sensitive lands,agricultural practices,and scenic areas or corridors. Privately owned
land used for agricultural purposes may eventually be converted to another use in accordance with State and County
land use regulations.
Sec.22-2-60. Prime farmland definition.
The availability of a consistent supply of clean water must exist in order to have prime farmland. Prime and prime
if irrigated lands fall into upper capability classes as defined by the Natural Resource Conservation Service and
Colorado State University Cooperative Extension Service and should be protected if irrigation water is available
and they are located within a reasonable distance of water delivery structures.
Sec.22-2-70. Nonprime farmland definition.
A. Nonprime farmland is low capability land that is not as productive as prime farmland for food production. It
may be composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies.
23
B. County agricultural goals and policies have been developed to support and preserve the agricultural industry
and farming activities. These goals and policies also address the County's responsibility to manage,accommodate
and ensure that adequate public services are available for residential,commercial and industrial growth which is
expected to occur.
Sec.22-2-80. Agricultural goals and policies.
The following goals and policies are established for agricultural land:
A. A.1.Goals and policies.
1. A. Goal 1. Conserve agricultural land for agricultural purposes which foster the economic health and
continuance of agriculture.
2. A.Policy 1.1. Agricultural zoning will be established and maintained to protect and promote the
County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and
other uses interdependent upon agriculture.
The availability of a consistent supply of clean water must exist in order to have prime farmland.Prime farmland
is land that has the best combination of physical and chemical characteristics for producing food,feed,forage,fiber
and oilseed crops,and is also available for these uses(the land could be cropland,pastureland,rangeland, forest
land or other land,but not urban built-up land or water). It has the soil quality,growing season and moisture supply
needed to economically produce sustained high yields of crops when treated and managed, including water
management, according to acceptable farming methods. In general, prime farmlands have an adequate and
dependable water supply from precipitation or irrigation,a favorable temperature and growing season,acceptable
acidity or alkalinity,acceptable salt and sodium content,and few or no rocks. Prime farmlands are permeable to
water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time,and
they either do not flood frequently or are protected from flooding. (U.S. Department of Agricultural, Soil
Conservation Services [Special Series 17] January 1980: additional supplements).
3. A.Policy 1.2. The County should support the development of creative policies to conserve agricultural
land,including preservation techniques and prioritizing incentives.
4. A.Policy 1.3. Allow commercial and industrial uses which are directly related to,or dependent upon
agriculture,to locate within agricultural zoning when the impact to surrounding properties is minimal, and
where adequate services and infrastructure are available. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land from production.
5. A.Policy 1.4. Agricultural businesses and industries will be encouraged to locate in areas that
minimize the removal of prime agricultural land from production. Agricultural business and industries are
defined as those which are related to ranching,livestock production, farming and agricultural uses.
B. A.2 Goal.
1. A. Goal 2. Discourage urban-scale residential, commercial and industrial development which is not
located adjacent to existing incorporated municipalities.
C. A.3. Goal and policies.
1. A.Goal 3. Conversion of agricultural land to urban-scale residential, commercial and industrial uses
will be considered when the subject site is located inside an approved intergovernmental agreement area,urban
growth boundary area,I-25 Mixed Use Development area,or urban development nodes. This goal is intended
24
to address conversion of agricultural land in an orderly manner which is in harmony with the phased growth
plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur
between uses in the zoned agricultural district and other zoned districts that allow urban-scale uses. In
addition,this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional
public services in rural areas for uses that require services on an urban level.
2. A.Policy 3.1. If it is determined that public facilities,service improvements,or maintenance items are
required by a development,the land use applicant,developer,or land owner will be required to pay for the
costs of the public facility,service improvements,and maintenance. The methodology for compensation and
the determination of maintenance items should be determined during the land use application review process.
The developer shall submit all of the following:
a. A.Policy 3.1.1. Information which accurately identifies all users of the infrastructure improvements
and maintenance.
b. A.Policy 3.1.2. A proposal which equitably distributes the costs of infrastructure improvements and
maintenance by user share.
c. A.Policy 3.1.3. A proposal that identifies the appropriate time that infrastructure improvements and
maintenance charges should be applied.
d. A.Policy 3.1.4. A municipality's adopted comprehensive plan goals and policies will be considered
when an agricultural business is proposed to expand within an urban growth boundary area.
D. A.4. Goal and policies.
1. A.Goal 4. Provide mechanisms for the division of land which is agriculturally zoned. Options for
division shall be provided to ensure the continuation of agricultural production and accommodate low intensity
development. Urban scale residential, commercial and industrial development will be discouraged in areas
where adequate services and infrastructure are not available.
2. A.Policy 4.1. Options for the division of agriculturally-zoned land are available in Chapters 23,24
and 27 of this Code.
3. A.Policy 4.2. Availability of services such as electricity,telephone,public water,natural gas,sewer,
sheriff and fire protection will determine the intensity of development allowed.
4. A. Policy 4.3. Applications for the division of land which is zoned agricultural,shall be reviewed in
accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall
include but not be limited to:
a. A. Policy 4.3.1. Soil Classifications.
b. A.Policy 4.3.2. Availability, location and accessibility to existing infrastructure and utilities.
c. A.Policy 4.3.3. Ensure safe and adequate access onto County Roads or State Highways.
d. A.Policy 4.3.4. Consideration of existing improvements or structures.
e. A.Policy 4.3.5. Encourage techniques and incentives such as easements,clusters,building
envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to
another use occurs and to ensure the health,welfare and safety of the inhabitants of Weld County.
25
f. A.Policy 4.3.6. Lot and Building Envelope design and placement may be employed shall be made
to mitigate conflicts between existing agricultural uses and future non-agricultural uses.
E. A.5. Goal and policies.
1. A.Goa15. Conversion of agricultural land to non-urban residential,commercial and industrial uses,will
be accommodated when the subject site is in an area that can support such development. Such development
shall attempt to be compatible with the region. This goal is intended to address conversion of agricultural land
to non-urban uses. Once converted,this land is less conducive to agricultural production.
2. A.Policy 5.1. Applications for the division of land which is zoned agricultural to non-urban uses shall
be reviewed in accordance with all potential impacts to surrounding properties and referral agencies.
The criterion shall include but not be limited to:
a. A.Policy 5.1.1. Soil Classifications.
b. A.Policy 5.1.2. Availability,location and accessibility to existing infrastructure and utilities.
c. A. Policy 5.1.3. Ensure safe and adequate access onto County Roads or State Highways.
d. A. Policy 5.1.4. The level of development associated with the site.
e. A. Policy 5.1.5. Consideration of existing improvements or structures.
f. A.Policy 5.1.6. The impacts on services such as fife protection,law enforcement,school districts,
etc.
F. A.6. Goal and policies.
1. A.Goal 6. The extraction of minerals and oil and gas resources should conserve the land and minimize
the impact on agricultural land.
2. A. Policy 6.1. The County encourages oil and gas drilling activities to be coordinated with seasonal
production schedules.
3. A.Policy 6.2. When feasible, existing service roads should be utilized to provide access for oil and
gas activities.
G. A.7. Goal and policies.
1. A.Goal 7. Public facilities and services such as sewer, water, roads, schools, and fire and police
protection,must be provided and developed in a timely,orderly and efficient manner to support the transition
of agricultural land to other development uses. In evaluating a land use application, County representatives
and the applicant will consider the public facilities and services goals and policies.
2. A. Policy 7.1. The County will encourage developers and utility providers to deliver services in
conjunction with development.
3. A.Policy 7.2. Applicants for development are responsible to determine the status of a water well
through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a
well does not guarantee the use of the well,unless fully augmented. The State Division of Water Resources
shall be contacted by the applicant.
26
4. A. Policy 7.3. Applicants for development shall fully disclose the quantity available and source of
domestic and non-domestic water to service the proposed development during the land-use application process.
H. A.B. Goal and policies.
I. A. Goal 8. Protect agricultural uses from encroachment by those uses which hinder the operations of
the agricultural enterprises.
2. A. Policy 8.1. The County recognizes the"right to farm." In order to validate this recognition,the
County has established a statement which should be incorporated on all pertinent land use plats. A copy of
this statement is located in Appendix 22-E of this Chapter.
a. A. Policy 8.1.1. The agricultural landowner is responsible for following"best management
practices".
b. A.Policy 8.1.2. The county will develop policies to recognize the changing dynamics of
agricultural production,such as the size and scope of these operations.
c. A. Policy 8.1.3. Adjacent lands owned or leased by an agricultural operation will be used in
determining allowable animal unit densities.
I. A.9. Goal and policies.
1. A. Goal 9. Water is a valuable resource in Weld County.Water rights are defined by state law as real
property and may be bought and sold by individuals or entities. Land use regulations should not impact their
status as real property.
a. A. Policy 9.1. Any exportation of water out of a closed basin aquifer is discouraged.
b. A Policy 9.2. Land use regulations should not interfere with the transfer of water rights and their
associated uses.
c. A Policy 9.3. Concems of irrigation companies shall be addressed through the land use referral
process. The placement of fences, structures, and recreational trails, for example, shall be made in
consideration of the year-round maintenance and operation of the irrigation practice. This consideration
shall be made to mitigate associated hazards.
J. A. 10. Goal.
1. A. Goal. 10. The minimum lot size of parcels in the agricultural zone district should remain at eighty
(80)acres to encourage parcels large enough to retain viable farming operations or to accommodate modem
agricultural equipment and irrigation practices.
K. A.11. Goal and policies.
1. A.Goal 11. Promote a quality environment which is free of unsightly materials,including but not limited
to,derelict vehicles,refuse and litter.
2. A.Policy 11.1. Property owners should demonstrate responsibility of ownership by minimizing safety
and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial
junkyards.
27
3. A.Policy 11.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec.22-2-90. Urban development.
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 more easily be provided, i.e., to existing municipalities and the I-25 Mixed Use
Development area. The County recognizes that it is appropriate for its municipalities to plan for growth at their
current boundaries and in the surrounding areas. To accomplish this, the County and the municipalities should
cooperate in joint planning efforts to achieve a consistent vision. The urban development section addresses the
conservation of agricultural land by encouraging efficient development and discouraging urban sprawl.These goals
and policies reflect a basic commitment to conserving natural and managed resources while directing growth and
enhancing economic development through efficient use of infrastructure.
B. Urban development may be characterized by intense residential,commercial areas for retail,offices,services,
and other uses that are primarily located along major roadways, at major intersections, and in commercial parks
designed to accommodate these more intense uses. Large areas of pavement for roadways,plazas and parking lots
accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing, to
manufacturing combined with research and development that is less obtrusive and disruptive to surrounding
properties. Usually,the heavier industrial uses are segregated into areas around the perimeter of communities and
linked to major transportation networks. Light industry and manufacturing may also be at the perimeters, but
sometimes integrated inside the community.
C. Urban residential development includes high density multi-family projects,single family residential subdivisions
and many variations between these two categories.Typically,the density of urban residential developments exceeds
one unit per acre and all the neighborhoods are characterized by paved streets,sidewalks,parks, and a variety of
housing types and other urban type land uses. Some commercial or neighborhood service uses such as churches,
day care, small-scale offices,schools,convenience stores,small shopping areas,etc.,are usually associated with
urban residential subdivisions.
Sec.22-2-100. Concerns of Development.
A. Conflicts exist particularly between residential development and existing rural land use that can negatively
impact Weld County. Tension is occurring not only from restrictions on normal farming practices,but also from
resistance to change and growth. It is important that county representatives and officials recognize their role in
reducing the conflicts between development and rural uses. Consistent interpretation and administration of this
chapter and Chapters 19, 23, 24, 26 and 27 of this code will help in the reduction of conflict. Using these
documents to make consistent land use decisions,reinforces its usefulness as an information and decision-making
tool on land use decisions made by private parties,as well as public officials.
B. Affordable housing. The escalation of development costs continues to raise the cost of housing which is in turn
passed on to consumers.
C. Development should pay its proportionate share to upgrade existing systems that benefit everyone.
D. The requirement of additional amenities to a development increase cost as well as increase benefits to the
consumer and should be thoroughly evaluated as to the necessity of such amenity i.e.bus shelters,pull-outs,trails,
etc.
E. Conditions of approval requested by referral agencies may be scrutinized by the applicant. The applicant has
the right to question the referral and contest the conditions if necessary.
r
28
F. Implementation of timely submission from referral agencies and applicants are required. The Planning
Department needs to establish and adhere to reasonable deadlines for referral and applicant submittals. The
application process needs to be evaluated for ways to make the entire process more efficient and timely.
Sec.22-2-110. Benefits of Urban Development.
A. Urban development is the most centralized and,therefore,the most intense land use. More people live in urban
centers than live outside urban centers because they appreciate the closeness and convenience of services that are
available. Clearly,there are less appealing elements of an urban lifestyle such as traffic congestion,crime, and
others;but the advantages of convenience,availability of jobs,and the social diversity of this lifestyle choice are
perceived benefits.
B. An important factor of urban development is the efficient use of land as a resource. Since the density of urban
development accommodates more density on each acre,the amount of land relative to the number of people who
live on or use the land is an efficient ratio. Locations where urban development can occur should be encouraged
to develop as urban. Jurisdictions that can accommodate urban development should employ policies and
regulations that facilitate urban development while managing the quality of this development. Weld County should
adopt policies and regulations that promote urban development in the areas where it is appropriate resulting in the
most efficient use of land and infrastructure.
Sec.22-2-120. Urban growth boundaries.
A. Efficient and orderly land development and the conservation of agricultural land require that urban-type
development take place in or adjacent to existing municipalities or where adequate infrastructure is available.
Urban development is encouraged within municipal boundaries where public services such as water,sewer and fire
protection are available.
B. Urban Growth Boundaries and uses within these areas,shall be determined through coordination between the
County,participating municipality,and the individual landowner.Efficient development in the area surrounding
municipalities requires this type of coordination which is achieved by three(3)methods; the three-mile referral,
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.
C. The intergovernmental urban growth boundary agreement is a tool for coordinating development at the
municipality/county interface. The individual landowners of property within the urban growth boundaries shall
be notified of any negotiations and consideration of intergovernmental urban growth boundary agreements. In the
spring of 1994,believing that each community should direct its growth,the Board of County Commissioners began
contacting each municipality to establish their own tailor-made growth areas. Believing each community can and
should direct its own growth, the Board of County Commissioners imparted four (4) criteria to guide the
municipalities:
1. Growth should pay for itself, in terms of initial costs and, in the long range, through good design and
functional efficiency.
2. Annexation patterns should directly correlate with municipal service areas.
3. Infill of communities is a far more efficient use of land than urban sprawl.
4. When a municipality and the County enter into an urban growth boundary agreement,the County agrees
to abide by the municipality's vision for future development in the area. Likewise,the municipality agrees to
limit its expansion to the defined areas where it plans to provide municipal services. It is understood that urban
29
growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed.
D. The County, in accordance with state statutes,refers land use proposals for review and comment to any
jurisdiction within three(3)miles of the site of the proposed change. The municipality is given an opportunity to
comment,and the comments are considered by the Planning Commission and the Board of County Commissioners
when they vote on the proposed land use change. Regardless of any other agreements between a municipality and
the County for growth and service areas,the County will continue the three-mile referrals.
E When growth at the municipality/county level is not coordinated,some of the problems that can occur include
roads that do not tie into each other, inconsistent engineering standards,the provision of municipal services by a
hodgepodge of special districts, and the most obvious problem of incompatible adjacent land uses. Besides
addressing these problems, the urban growth boundary agreement can be used to preserve open space corridors
between municipalities or to protect important wildlife habitat,natural and scenic areas.
F. In the absence of an urban growth boundary agreement, the County recognizes a standard urban growth
boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The definition of
facilities is limited to public sewer lines in place on September 11, 1995,the time of adoption of Ordinance 147-G,
as codified herein, as amended by Ordinance 147-P, adopted on March 15, 1999, also codified herein. The
perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside
the municipal service area boundary,urban-type uses and services are planned and annexation is encouraged.
Sec.22-2-130. Urban growth boundaries goals and policies.
The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's office and the
Department of Planning Services. The following goals and policies are established for urban growth boundaries:
A. UGB. 1. Goal and policies.
1. UGB Goal 1. The County will encourage and assist each municipality in establishing an
intergovernmental urban growth boundary agreement.
2. UGB.Policy 1.1. The County recognizes that municipalities can and should plan their own futures
in terms of the nature and rate of growth.
3. UGB.Policy 1.2. Revise intergovernmental agreements as required by changing conditions.
4. UGB.Policy 1.3. The county encourages each municipality to plan their futures in coordination with
individual land owners in unincorporated Weld County. The individual landowners of property within the
urban growth boundaries shall be notified of any negotiations and consideration of intergovernmental urban
growth boundary agreements.
B. UGB. 2. Goal and policies.
1. UGB. Goal 2. Concentrate urban development in or adjacent to existing municipalities,an approved
IGA, the I-25 Mixed Use Development area,urban growth boundary areas,urban development nodes,or
where urban infrastructure is available.
2. UGB.Policy 2.1. Land use development proposals within an urban growth boundary area will be
determined according to the procedure set forth in Chapters 22 &23 of this Code.
3. UGB.Policy 2.2. Individuals making initial contact with the County regarding land use development
should be informed of the policy of directing urban growth to,or adjacent to,municipalities and the I-25
30
MUD,or where urban infrastructure is available.
4. UGB.Policy 2.3. Until intergovernmental agreements are in place,urban growth boundaries will be
defined as a one half-mile perimeter around the existing public sanitary sewer facilities.
C. UGB.3.Goal and policies.
1. UGB. Goal 3. The County and municipalities should coordinate land use planning in urban growth
boundary areas,including development policies and standards,zoning,street and highway construction,open
space,public infrastructure and other matters affecting efficient development.
2. UGB.Policy 3.1. The County may consider approving a land use development within an urban growth
boundary area, if all of the following criteria are met:
a. UGB. Policy 3.1.1. The adjacent municipality does not consent to annex the land or property in
a timely manner or annexation is not legally possible.
b. UGB.Policy 3.1.2. The proposed use,including public facility and service impacts,is compatible
with this Chapter and with other urban type uses.
c. UGB. Policy 3.1.3. The proposed use attempts to be compatible with the adjacent municipality's
comprehensive plan.
d. UGB.Policy 3.1.4. If public facility or service improvements are required by a development,and
will not be provided by the adjacent municipality,the developer will pay these costs. A method of
reimbursement for these costs will be determined in the land use application review process. The method
of reimbursement will depend upon the following information,which the developer shall provide:
1) Identification of all current and future users of the public facilities or services;
2) A proposal to equitably share these costs among users;and
3) A time schedule for apportionment of the charges among users and reimbursements to the
developer.
D. UGB.4. Goal.
1. UGB. Goal 4. Whenever possible, open space within urban development should be connected to
existing open space.
Sec.22-2-140. Unincorporated communities.
A. The County's rural areas contain a number of small unincorporated residential communities that are surrounded
by agricultural districts and agricultural uses. These communities provide housing for those predominantly
employed in agricultural and other industries. The communities also serve as small commercial centers for
surrounding farm areas.
B. Population growth has occurred in these communities despite a lack of community water and/or sewer facilities
and their remote locations. These settlements will probably continue to function as rural centers serving the needs
of the surrounding rural population.
C. Regional services such as waste water treatment plants,water treatment facilities,are encouraged to service
31
unincorporated communities.
D. Further development in unincorporated communities will be encouraged only when adequate services and
infrastructure are available.
Sec.22-2-150. Unincorporated community goals and policies.
The following goals and policies are established for unincorporated communities:
A. UC.1.Goal and policies.
1. UC. Goal 1. Assure proper location and operation of compatible land uses by maintaining land use
regulations within unincorporated communities.
2. UC. Policy 1.1. Expansion of existing unincorporated communities will be based on the following
criteria:
a. UC.Policy 1.1.1. Urban growth boundary goals and policies should apply in reviewing land use
applications which are adjacent to or propose to expand existing unincorporated communities.
b. UC.Policy 1.1.2. Additionally, any goals and policies adopted for a particular type of
development will also be used for review and evaluation. For example, the planned unit development
goals and policies would also apply when reviewing a planned unit development application adjacent to
an unincorporated community.
B. UC.2. Goal.
1. UC. Goal 2. Maintain the rural character of these settlements.
C. UC.3. Goal.
1. UC. Goal 3. Encourage new development through infill of existing vacant platted lots.
D.UC.4. Goal and policies.
1. UC. Goal 4. Promote a quality environment which is free of unsightly materials, including but not
limited to,derelict vehicles,refuse and litter.
2. UC.Policy 4.1. Property owners should demonstrate responsibility of ownership by minimizing safety
and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial
junkyards.
3. UC. Policy 4.2. Develop programs for the cleanup of derelict property,junk and weeds.
Sec.22-2-160. Industrial development.
In Industrial Zone Districts, development is typically oriented toward transportation facilities and is located where
traffic,noise,air and visual pollution conflicts with residential,commercial and agricultural uses are minimal. It is the
County's intent to accommodate industrial development proposals when the subject site is located inside an approved
intergovernmental agreement area,urban growth boundary area,1-25 Mixed Use Development area, urban development
nodes,or where adequate services are available.Land zoned for industrial use is found in almost every municipality in
the County. This dispersed pattern allows for local job opportunities.
32
Sec.22-2-170. Industrial development goals and policies.
The following goals and policies are established for industrial developments:
A. I. 1. Goal.
1. I.Goal 1. Conversion of agricultural land to industrial uses will be encouraged when the subject site
is located inside an approved intergovernmental agreement area,urban growth boundary area or I-25 Mixed
Use Development area, urban development nodes, or where adequate services are available. This goal is
intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses
in the zoned agricultural district and other zoned districts that allow urban-scale uses. In addition,this goal
is expected to minimize the costs to County taxpayers of providing additional public services in rural areas for
uses that require services on an urban scale level.
B. I. 2 Goals and policies.
1. I Goal 2 Encourage the expansion and diversification of the industrial economic base.
2. I. Policy 2.1. Accommodate new industrial development within planned industrial areas.
3. I Policy 2.2. The applicant shall ensure that adequate services and facilities are available.
4. I. Policy 2.3. Applicants for development are responsible to determine the status of a well through
the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does
not guarantee the use of the well,unless fully augmented. The State Division of Water Resources shall be
contacted by the applicants
5. I. Policy 2.4. Promote industrial development that is appropriately located in relation to surrounding
land uses,and that meets necessary environmental standards.
6. I. Policy 2.5. Proposed industrial development or expansion of existing industrial uses should
meet federal,state and local environmental standards. In addition,the criteria for evaluation will include,
but not be limited to,the effect the industry would have on:
a. The natural environment,including air,water quality,natural drainage ways,soil properties and other
physical characteristics of the land.
b. The compatibility with surrounding land use in terms of general use,building height,scale,density,
traffic,dust and noise.
c. The access between public roads and the proposed industrial development or district. The land
use applicant will demonstrate to the satisfaction of the Board of County Commissioners that the street
or highway facilities providing access to the property are adequate in size and quality to meet the
requirements of the proposed district or development. Internal road circulation, off-street parking,
acceleration lanes, deceleration lanes, common access collection points, signalization and other traffic
improvements should be required wherever necessary to mitigate traffic impacts caused by the
development.
d. Encourage development that is sensitive to natural patterns and suitabilities of the land.
e. Visual and sound barrier landscaping should be required to screen open storage areas from
residential uses or public roads.
33
C. I.3. Goal and policies.
1. I. Goal 3. Achieve a well-balanced,diversified industrial sector in order to provide a stable tax base
and to provide a variety of job opportunities for County citizens.
2. I. Policy 3.1. An application for industrial development within a municipality's urban growth
boundary area should be reviewed in accordance with the urban growth boundary and industrial goals and
policies.
3. I. Policy 3.2. A good working relationship between the public and private sectors is an asset. The
County should continue its support of organizations which foster this economic development.
D. 1.4. Goal and policies.
1. I. Goal 4. All new industrial development should pay its own way.
2. I.Policy 4.1. Provide mechanisms whereby new development pays for the additional costs associated
with those services demanded by new growth. These services may include but are not limited to law
enforcement and fire protection, school site acquisition,increased road maintenance,road construction or
expansion,emergency services,the extension of utilities and the increased demand or need for open space and
other services provided by local governments.
3. I.Policy 4.2. Determination of the amount paid by new development for such additional costs may
include evaluation of indirect benefits such as sales and use taxes generated by residents;construction jobs
and the associated economic impacts;support of commercial and industrial operations that pay higher property
taxes than residential property;housing for the work force necessary to the economy;and other indirect
/-� benefits.
E. I. 5. Goal.
I. I. Goal 5. An application for industrial development within or adjoining an unincorporated community
should be reviewed in accordance with the unincorporated community and industrial goals and policies; an
application for industrial development within an area designated for agricultural use and located outside of an
area as an urban growth boundary area should be reviewed in accordance with the agricultural and industrial
goals and policies.
F. I.6. Goal.
I. I.Goal 6. The extraction of minerals and oil and gas resources should preserve the land and minimize
the impact on industrial land uses.
G. I.7. Goal and policies.
1. I.Goal 7. Promote a quality environment which is free of unsightly materials, including but not limited
to,derelict vehicles,refuse and litter.
2. I.Policy 7.1. Property owners should demonstrate responsibility of ownership by minimizing safety
and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial
junkyards.
3. I. Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds.
34
Sec.22-2-180. Commercial Development.
Commercial zone development is characterized by intense areas for retail,offices,services,and other uses that are
primarily located along major roadways,at major intersections,and in commercial parks designed to accommodate
these uses. Large areas of pavement for roadways,plazas and parking lots accompany these uses. An approved
intergovernmental agreement area, urban growth boundary area, I-25 Mixed Use Development area, and urban
development nodes,or where adequate services are available,are the areas intended to accommodate commercial
zoned development. For example, the I-25 Mixed Use Development area has been the focus of capital
improvements and services,primarily through the creation of special districts.
Sec.22-2-190. Commercial Development Goals and policies.
The following goals and policies are established for commercial developments:
A. C. 1. Goal and policies.
1. C.Goal 1. Urban commercial uses will be encouraged when the subject site is located inside an
approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use Development area,
urban development nodes,or where adequate services are obtainable.
2. C.Policy 1.1. Minimize the incompatibilities that occur between uses in the zoned agricultural district
and other zoned districts that allow urban uses.
3. C.Policy 1.2. Minimize the costs to County taxpayers of providing additional public services in rural
areas for uses that require services on an urban scale.
B. C.2. Goal and policies.
1. C. Goal 2. Encourage the expansion and diversification of the commercial economic base.
2. C. Policy 2.1. New commercial development should either be located in areas free of natural hazards,
such as wildlife,geologic hazards, floods and high winds,or be designed to mitigate the hazards.
C. C.3. Goal and policies.
1. C. Goal 3. Address the compatibility of commercial land uses with adjacent land uses.
2. C.Policy 3.1. Applications for commercial development should be reviewed according to all
applicable goals and policies contained in this Chapter and Chapter 23,24,26 and 27.
3. C. Policy 3.2. New commercial development should demonstrate compatibility with existing
surrounding land use in terms of general use,building height, scale,density,traffic,dust and noise.
4. C.Policy 3.3. Neighborhood commercial uses will be allowed in residential areas. These commercial
uses will consist only of neighborhood oriented business. Commercial uses that service a greater area than the
neighborhood and create undesirable impact,such as increased vehicular traffic,are not considered appropriate
in residential neighborhoods.
D. C.4. Goal and policy.
1. C. Goal 4. A good working relationship between the public and private sectors is an asset.The County
should continue its support of organizations which foster this economic development.
35
2. C. Policy 4.1. 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.
E. C.5. Goal and policies.
1. C. Goal5. The applicant shall ensure that adequate commercial levels of services and facilities are
available to serve the commercial development or district.
2. C. Policy 5.1. The land use application will demonstrate,to the satisfaction of the Board of County
Commissioners,that the street or highway facilities providing access to the property are adequate to meet the
requirements of the proposed district or development.
2. C.Policy 5.2. Applicants for development are responsible to determine the status of a well through
the State Division of Water Resources.
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. C.Policy 6.1. Encourage designs that preserve desirable natural features,conserve or create favorable
space for wildlife and minimize pollution.
3. C. Policy 6.2. Promote efficient utilization of water resources.
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.
2. C.Policy 8.1. Provide mechanisms whereby new development pays for the additional costs associated
with those services demanded by new growth. These services may include but are not limited to law
enforcement and fire protection, school site acquisition, increased road maintenance, road construction or
expansion,emergency services,the extension of utilities and the increased demand or need for open space and
other services provided by local governments.
I. C.9. Goal and policies.
1. C.Goal 9. The extraction of minerals and oil and gas resources should conserve and minimize the impact
on the land.
2. C.Policy 9.1. The County encourages oil and gas drilling activities to be coordinated with seasonal
production schedules.
3. C. Policy 9.2. When feasible,existing service roads should be utilized to provide access for oil and
gas activities.
4. C. Policy 9.3. Determination of the amount paid by new development for such additional costs may
36
include evaluation of indirect benefits such as sales and use taxes generated by residents; construction jobs
and the associated economic impacts;support of commercial and industrial operations that pay higher property
taxes than residential property;housing for the work force necessary to the economy;and other indirect benefits
J. C.10. Goal and policies.
1. C.Goal 10. Promote a quality environment which is free of unsightly materials,including but not limited
to,derelict vehicles,refuse and litter.
2. C.Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing safety
and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial
junkyards
3. C.Policy 10.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec.22-2-200. Residential development.
A. The urban growth boundaries and the I-25 Mixed Use Development area are intended to accommodate
residential development. Chapter 23 of this Code identifies low,medium and high density residential uses. These
three(3)designations recognize differences among residential environments. The intent is to establish residential
areas which reflect particular lifestyle choices, including dwelling unit type, density, environmental setting and
convenience levels.
B. Supporting utilities and public services and related facilities are essential to any residential development.
Recognition of this has led the public sector to require that residential development be accompanied by provisions
for adequate facilities and services. The fiscal constraints upon the County government will not permit
indiscriminate development with no regard for how such services and facilities will be provided.
C. Thorough examination of issues such as compatibility with surrounding and regional land uses,availability
and adequacy of infrastructure and services serving the proposal,impacts on the natural environment,and other
issues shall occur in the review of all residential developments.
D. Residential development occurs in the Residential(R)Zone District,the Estate(E)Zone District,the Planned
Unit Development (PUD) Zone District, or the Agriculture (A) Zone District. These different districts are
specifically described in Chapters 24 and 27 of this Code.
E. The R-zoned districts, R-1, R-2, R-3, R-4, and R-5 vary in intensity and density, but are generally urban
developments of single family lots,multi-family lots,or sites for mobile homes. It is important that these types of
residential developments are located inside municipal boundaries,in urban growth boundaries or nodes,the I-25
Mixed Use Development area,or other areas where adequate services and infrastructure are obtainable.
F. Estate zoned developments are more rural,and are characterized by larger lots,limited urban amenities, limited
livestock and/or other non-urban components. These types of residential developments are generally located in
areas at the outskirts of municipal boundaries or between towns, and must be planned in relation to the
infrastructure obtainable and compatibility of land uses.
G. PUD zoned residential developments may include the above mentioned R-Zone Districts or the E-Zone District,
or may be part of a master planned, mixed use development. See section 22-2-210 and Chapter 27 for further
information regarding Planned Unit Development.
It Residential development on agriculture zoned land is provided to aid in the continuation of agricultural
production and/or to accommodate low intensity development.
37
Section 22-2-210. Residential Development Goals And Policies.
The following Goals and Policies are established for Residential Developments:
A. R.I. Goal and policies.
1. R. Goal I. Urban residential uses will be encouraged when the subject site is located inside of an
approved intergovernmental agreement area,urban growth boundary area, I-25 Mixed Use Development area,
urban growth nodes,or where adequate infrastructure is obtainable.
2. R.Policy 1.1. The County should encourage an efficient form of urban residential development by
directing urban residential growth to those areas where urban services and infrastructure are obtainable.
3. R.Policy 1.2. Urban commercial and industrial development will be encouraged when the subject site
is located inside an approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use
Development area, urban development nodes, or where adequate services are obtainable. This policy is
intended to support urban residential uses.
B. R.2. Goal and policies.
1. R. Goal 2. Ensure that adequate public services and facilities are available to serve the residential
development or district.
2. R. Policy 2.1. The land use applicant will demonstrate to the Board of County Commissioners that
adequate sanitary sewage and public water systems are available to all residential development,and that the
street or highway facilities providing access to the property are adequate in width,classification and structural
capacity to meet the requirements of the proposed district or development. Access between public roads and
the proposed residential development or district should be granted only after consideration is given to the land
uses and traffic patterns in the area of development and the specific site. Internal road circulation,off-street
parking,acceleration and deceleration lanes,common access collection points, signalization and traffic
improvements shall be required wherever necessary to mitigate traffic impacts caused by the development.
3. R.Policy 2.2. Applications for residential development should be reviewed in accordance with all
applicable policies and goals contained in this Chapter.
C. R.3. Goal and policies.
1. R. Goal 3. Conversion of agricultural land to other uses may be accommodated when the subject site
is in an area that can support such development.
2. R Policy 3.1. Regional compatibility will be considered when residential uses are proposed.
3. R Policy 3.2. The size and density of residential development shall be determined by the
infrastructure and services that are available.
D. R.4. Goal and policies.
1. R. Goal 4. Promote efficient and cost-effective delivery of public facilities and services to residential
development or districts.
2. R.Policy 4.1. The County should encourage a compact form of urban development by directing
residential growth to urban growth boundary areas and to those areas where urban services are already available
38
before committing alternate areas to residential use.
3. R.Policy 4.2. All residential development proposals should be reviewed in accordance with all state
and federal standards, including but not limited to the requirements of the Clean Water and Clean Air Acts.
4. R.Policy 4.3. New residential development should demonstrate compatibility with existing
surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise.
5. R.Policy 4.4. Conservation of natural site features such as topography,vegetation and water courses
should be considered in the project design.
E. R.5. Goal and policy.
1. R. Goal 5. Provide mechanisms for the division of land zoned Agriculture to accommodate low
intensity development.
2. R Policy 5.1. Employ planning techniques such as exemptions, clustering, easements etc.,to allow
a portion of a parcel to be developed into residential lots while retaining tracts that can continue to be used as
agricultural lands or other low intensity developments.
F. R.6. Goal.
1. R. Goal 6. Promote the development of affordable,quality housing for all County residents.
2. R.Policy 6.1. Opportunities for housing developments including,but not limited to,multi-family and
manufactured homes,should be provided to encourage lower cost renter or owner occupied housing.
es-
3. R.Policy 6.2. Affordable housing developments should be located within a reasonable distance of
employment,community centers,parks,shopping areas,and schools,or where transportation services can be
provided to enable access to these areas.
4. R. Policy 6.3. Provide for appropriate accommodations suitable for multi-generational or caretaker
quarters.
5. R.Policy 6.4. The County will consider proposals which provide affordable housing which include,
but are not limited to,higher density,reduced amenities,reduction in open space requirements.
G. R.7. Goal and policies.
1. R. Goal 7. Ensure that adequate public services and facilities are available to serve the residential
development.
2. R.Policy 7.1. The land use applicant will demonstrate to the Board of County Commissioners that
adequate sanitary sewer and water systems are available to all residential development,and that the roadway
facilities providing access to the property are adequate to meet the requirements of the proposed development.
3. R. Policy 7.2. Applications for residential development should be reviewed in accordance with all
applicable provisions of this Code.
4. R.Policy 7.3. Applicants for development are responsible to determine the status of a well through the
Colorado Division of Water Resources.
39
H. 1t8. Goal.
1. R.Goal 8. The compatibility between new residential development and existing surrounding land uses
will be considered.
I. R.9. Goal and policies.
1. R. Goal 9. All new residential development should pay its own way.
2. R.Policy 9.1. Provide mechanisms whereby new development pays for the costs of infrastructure
directly related to the development.
3 R. Policy 9.2. Determination of the amount paid by new development for such additional costs may
include evaluation of indirect benefits such as sales and use taxes generated by residents;construction jobs
and the associated economic impacts; support of commercial and industrial operations that pay higher
property taxes than residential property; housing for the work force necessary to the economy; and other
indirect benefits
J. R.Goal 10.
1. R. Goal 10. Encourage creative and innovative approaches to address present and future federal and
state guidelines regarding:
a. Senior Housing Opportunities.
b. Affordable Housing Opportunities.
c. Special Needs Housing Opportunities.
K. R.Goal 11.
1. R. Goal 11. The extraction of minerals and oil or gas resources should conserve the land and minimize
the impacts on residential development.
Sec.22-2-220. Planned unit development.
The Planned Unit Development(PUD), found in Chapter 27 of this Code, is intended as an alternative means for
development by allowing a departure from the standard land use regulations.A planned unit development is a method
used to review the subdivision as a unified and integrated development. The PUD process shall not be used to
circumvent or distort the goals,policies or requirements of this Chapter,Chapter 22, and Chapters 19,23,24,26 and
27 of this Code. The objective of the PUD is to encourage flexibility and variety in development. Planned unit
developments can benefit County citizens by promoting more efficient use of land,greater provision of open-space and
improved aesthetics. The basic objectives of the PUD are to incorporate the best features of modem and integrated
design which encourages innovation,flexibility,variety and the efficient use of land while being compatible with current
regulations and the objectives of zoning laws. A PUD must provide for necessary services and amenities,and should
seek to preserve or enhance a site's unique natural as well as scenic characteristics and minimize the impact on
transportation facilities.To this end,the Planned Unit Development is considered the preferred method of development,
particularly for mixed use developments.
Sec.22-2-230. Planned unit development goals and policies.
The following goals and policies are established for planned unit developments:
40
A. PUD.1. Goal.
1. PUD. Goal 1. Maintain land use regulations that allow County officials to review development
proposals which combine uses by right in two(2)or more zone districts,or which in some manner qualify as
a planned unit development according to the definition set forth in Section 24-1-40 of this Code.
In an effort to promote the PUD process for development review, the County will cooperate with the
development applicant to achieve the objectives of the applicant while ensuring the proposal meets all health
and safety needs;meets the intent 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. Conversion of agricultural land to urban residential commercial and industrial uses will
be encouraged when the subject site is located inside of an approved intergovernmental agreement area,urban
growth boundary area, I-25 Mixed Use Development area, urban development nodes, or where adequate
services are available. This goal is intended to address conversion of agricultural land to minimize the
incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow
urban uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of
providing additional public service in rural areas for uses that require services on an urban level.
C. PUD.3. Goals and policies.
1. PUD. Goal 3. Maintain land use regulations that allow County officials to review development
proposals which may combine uses by right in two(2)or more zone districts,or which in some manner qualify
as a planned unit development according to the definition set forth in Section 24-1-40 of this Code.
2. PUD.Policy 3.1. An application for a planned unit development within a municipality's urban
growth boundary area should be reviewed in accordance with the urban growth boundary and planned unit
development goals and policies:
3. PUD.Policy 3.2. An application for a planned unit development within or adjoining an
unincorporated community should be reviewed in accordance with the unincorporated community and
planned unit development goals and policies.
4. PUD. Policy 3.3. An application for a planned unit development in areas designated for agricultural
use should be reviewed in accordance with the agricultural and planned unit development goals and policies.
D. PUD.4. Goal and policies.
1. PUD.Goal 4. Encourage creative approaches to land development which will result in environments
of distinct identity and character.
2. PUD.Policy 4.1. Flexible design elements of a planned unit development should consider
compatibility with existing and planned uses on adjacent properties and within the planned unit development.
Design elements to be considered include,but are not limited to: general use, scale,density,architecture,
distance between buildings,building setbacks,building height,street design,traffic impacts,off-street parking,
open space,privacy, signage,screening and landscaping.
3. PUD.Policy 4.2. A planned unit development which includes a residential use should provide
common open space free of buildings, streets,driveways or parking areas. The common open space should
be designed and located to be easily accessible to all the residents of the project and usable for
open space and recreation. Some planned unit developments may not require common open space
e°"-.•
41
depending on their type,density,or other factors.
4. PUD. Policy 4.3. Conservation of natural site features such as topography,vegetation,and water
courses should be considered in the project design.
E. PUD. 5. Goal and policies.
1. PUD.Goal 5. Demonstrate that adequate facilities and public services are available to serve the PUD or
zone district.
2. PUD. Policy 5.1. Creative and innovative approaches to obtaining adequate facilities and public
services will be considered.
3. PUD. Policy 5.2. All new development should address the Transportation Section of this chapter.
Access to properties should preserve the existing or future function of roads and highways affected by the
proposed development. All development circulation systems should be designed so that it does not disrupt
highway travel.The traffic impact to the public road system of the proposed development shall conform to the
standards established by the Department of Public Works and the Colorado Department of Transportation.
Dedication and improvement of roads and frontage roads may be required as a condition of development.
4. PUD.Policy 5.3. Creative and innovative approaches to internal road systems will be considered.
F. PUD.6. Goal and policies.
1. PUD.Goal 6. Promote efficient and cost-effective delivery of facilities and public services in the PUD
or district.
2. PUD. Policy 6.1. A proposed planned unit development or expansion of an existing planned unit
development should be subject to the following provisions or other adopted regulations by the Board of County
Commissioners:
a. PUD.Policy 6.1.1. Flexible design elements of a planned unit development should consider
compatibility with existing and planned uses on adjacent properties and within the planned unit
development.Design elements to be considered include,but are not limited to: general use,scale,density,
architecture,distance between buildings,building setbacks,building height,street design,traffic impacts,
off-street parking,open space,privacy,signage, screening and landscaping.
b. PUD. Policy 6.1.2. A planned unit development which includes a residential use should provide
common open space free of buildings,streets,driveways or parking areas. The common open space
should be designed and located to be easily accessible to all the residents of the project and usable for
open space and recreation. Some planned unit developments may not require common open space
depending on their type,style and density.
c. PUD. Policy 6.1.3. The developer should provide for perpetual maintenance of all commonly
shared land and facilities. The County should not bear the expense or responsibility of maintenance for
any commonly shared land or facilities within the planned unit development.
d. PUD.Policy 6.1.4. Conservation of natural site features such as topography,vegetation, and water
courses should be considered in the project design.
e. PUD. Policy 6.1.5. All new development should comply with the Transportation Section of this
chapter. Access to properties should preserve the existing or future function of roads and highways
42
affected by the proposed development. All development circulation systems should be designed so that
it does not disrupt highway travel. The traffic impact of the proposed development shall conform to the
standards established by the Department of Public Works and the Colorado Department of Transportation.
Dedication and improvement of roads and frontage roads may be required as a condition of development.
G. PUD.7. Goal and policies.
1. PUD. Goal 7. All new planned unit development should pay its own way.
2. PUD.Policy 7.1. Provide mechanisms whereby new PUD pays for the costs of infrastructure directly
related to the development.
3. PUD. Policy 7.2. Determination of the amount paid by new development for such additional costs
may include evaluation of indirect benefits such as sales and use taxes generated by residents;construction
jobs and the associated economic impacts; support of commercial and industrial operations that pay higher
property taxes than residential property; housing for the work force necessary to the economy; and other
indirect benefits
H. PUD.8. Goal.
1. PUD. Goal 8. The extraction of minerals and oil and gas resources should conserve the land and
minimize the impact on Planned Unit Developments.
I. PUD.9. Goal and policies
1.PUD.Goal 9. Promote a quality environment which is free of unsightly materials,including but not limited
to,derelict vehicles,refuse and litter.
2.PUD.Policy 9.1. Property owners should demonstrate responsibility of ownership by minimizing safety
and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial
junkyards.
3.PUD.Policy 9.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec.22-2-240. I-25 Mixed Use Development Area and Urban Development Nodes.
A. The Mixed Use Development Plan(MUD)and urban growth nodes are intended to provide a foundation to
enable the County and its citizens to make appropriate decisions regarding future development within a specified
area. Conservation of natural resources,development of quality communities,provision for regional services and
employment opportunities,and maintaining fiscal integrity are the key factors driving this type of development plan.
Mixed Use Development Plan Land Use Principals,such as the 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.
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 the intersection of two(2)
43
,i-• or more roads in the state highway system; or
2. A major concentration of development that requires appropriate infrastructure,well-designed and managed
road access and high visibility. The boundaries of these areas are identified as being located within a one-
quarter mile radius of two(2)or more roads in the state highway system. The development standards in these
areas are based upon the impacts which urban development will have on the landform,requiring the application
of urban use standards which are located in Chapter 23 of this Code. The urban development nodes are
delineated on the Urban Growth Boundaries Map,the most recent copy of which is on file at the Clerk to the
Board's office and the Department of Planning Services.
3. Land Use Components are delineated on Structural Land Use Map 2.1,located in Appendix 22-H,the
most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services.
Sec.22-2-250. MUD Goals and policies.
The following goals and policies are established for mixed use developments:
A. MUD.1. Goal and policy.
I. MUD. Goal 1. To plan and to manage growth and to provide for ease of inclusion in the I-25 Mixed
Use Development area and urban development nodes so as to balance relevant fiscal,environmental,aesthetic
and economic components of the area.
2. MUD.Policy 1.1. An I-25 Mixed Use Development area and urban development nodes should be
established and delineated on the Structural Land Use Map.
B. MUD.2.Goal and policy.
1. MUD.Goa12. To assure a well-integrated,balanced,transportation system which meets the public need
with maximum efficiency,comfort, safety and economy.
2. MUD.Policy 2.1. All proposals for commercial,industrial and residential development within the I-
25 Mixed Use Development area and urban development node overlay district should use the PUD application
process and regulations. The PUD process will allow developers flexibility and variety needed to offer a range
of products,services and uses. It will also give the developer an opportunity to explain the development plans
to surrounding land owners and the County so that important information about land use compatibility and
services,facilities or utilities needed to serve the proposal are determined to be adequate.
C. MUD.3.Goal and policy.
1. MUD. Goal 3. To provide efficient and cost-effective delivery of adequate public facilities and services
which assure the health,safety and general welfare of the present and future residents of the County and the
area.
2. MUD.Policy 3.1. New development should avoid adverse impacts to surface and ground water
quality and should implement techniques to conserve such resources. All planned unit developments within
the mixed use development area shall use the sanitary sewage disposal facilities provided by the appropriate
sanitation districts.PUD water supply systems should be provided by a rural water district,company,
association or municipality.
D. MUD.4. Goal and policy.
44
1. MUD. Goal 4. Facilities and infrastructure which are included in this area should be evaluated in order
to minimize discrepancies,promote a better understanding of growth dynamics in the area,avoid duplication
of services,provide economies of scale and ensure coordination of municipal,county,regional,state,and other
growth policies and programs.
2. MUD.Policy 4.1. New development should consider compatibility with existing surrounding land use
in terms of general use,building height,scale, density,traffic, dust and noise.
E. MUD. 5.Goal and Policies.
1. MUD.Goal 5. All new development in the Mixed Use Development area and urban development nodes
should pay its own way.
2. MUD.Policy 5.1. Provides mechanisms whereby new development pays for the costs of
infrastructure directly related to the development.
3. MUD. Policy 5.2. Evaluation of the fiscal impacts of new development shall include indirect benefits
such as sales and use taxes generated by residents; construction jobs and the associated economic impacts;
support of commercial and industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
F. MUD. 6. Goal.
1. MUD. Goal 6. The extraction of minerals and oil and gas resources should conserve the land and
minimize the impact on Planned Unit Developments.
G. MUD.7. Goal and policies.
1. MUD. Goal 7. Promote a quality environment which is free of unsightly materials, including but not
limited to,inoperable vehicles,refuse and litter.
2. MUD.Policy 7.1. Property owners should demonstrate responsibility of ownership by minimizing
safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-
commercial junkyards
3. MUD.Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds.
r
45
ARTICLE III
Land Use Amenities
Sec.22-3-10. Public facilities and services.
A. The effective and efficient delivery of adequate public services is one of the primary purposes and benefits of
effective land use planning. Public services are government services such as police and fire protection, health
services and welfare, and educational services and programs. Public facilities are physical structures and
infrastructure such as schools, libraries, roads, maintenance facilities, water distribution systems and sewage
treatment facilities. Municipal governments, county governments, special districts and private companies are
capable of providing such services and facilities.
B. Because of the expense and limited available funding,proper allocation of public facilities and services is
important. Revenue to support public services and facilities in unincorporated Weld County is usually generated
by levying property taxes and user fees.
C. The type,intensity and location of a land use proposal are factors that determine the type and level of services
and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the
needs and impacts of a land use proposal,along with the existing and planned capabilities of the service and facility
providers at that location.
D. One basic objective of the County is to plan and coordinate a timely, orderly and efficient arrangement of
public facilities and services. In accomplishing this objective,municipalities are considered to be the principal
provider of services and facilities for urban uses.
i-. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under
powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most
logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of
development and are in a position to plan the expansion of existing facilities and services,as well as to coordinate
the development of new facilities and services.
F. Alternative facilities and service systems (for example Special Districts) may be used for urban type
development within the I-25 Mixed Use Development area,urban development nodes or urban growth boundary
areas,with certain restrictions. The alternative facility and service systems must comply with the standards set forth
in this Chapter and Chapters 23 and 24 of this Code. Systems that are proposed to be located within a
municipality's urban growth boundary area may be required to develop in such a manner that they are compatible
with the standards of the municipality most likely to phase services into the area. They also may be required to meet
state regulations and standards.
G. In determining service and facility adequacy for a land use proposal,it is the policy of the County to consider
any evidence submitted by the representative of an entity responsible for providing such services or facilities. In
addition,the following minimum service and facility standards must be met in determining if public services and
facilities are adequate for residential,commercial and industrial development.
Sec.22-3-20. Fire protection.
A. Fire protection is a basic provision required for development activities in the County. While the County
encourages that where and whenever possible fife service providers should utilize the highest available equipment,
standards and services,the County realizes that often fire protection providers are volunteer rural fire districts with
46
limited service abilities and personnel. Therefore,the following standards have been developed for adequate fire
protection which will be considered as minimum unless more stringent standards such as fixed fire protection are
required to meet the specific demands of individual land uses.
1. A rural water system must have sufficient volume each day of the year to control and extinguish any and
all potential fifes at the proposed development site or zone district.
2..Roads serving the development must have a surface that is sufficient to travel every day of the year for the
purpose of controlling and extinguishing any and all potential fires at the proposed development site or zone
district.
3. The water supply system serving the proposed development site or zone district must deliver a minimum
of five hundred(500)gallons per minute at twenty(20)pounds per square inch residual pressure for thirty(30)
minutes.
4. The initial travel time to arrival at location of a fire or emergency should be less than fifteen(15)minutes
from the time a call is received from the dispatch center providing service.
5. Any proposed development or zone district for the purpose of development should be located within a
five-mile radius of a rural fire protection station.
6. The entity providing fire protection should have the ability to respond with a minimum of two(2)
firefighters per pumper.
7.Fire protection should be provided twenty-four(24)hours a day.
B. The intention of this Section is to provide a minimum level of protection against the destruction of life and
property from fire. The local jurisdiction having the authority to enforce their adopted fire code may have
additional requirements that are not listed.
C. Areas outside determined fire protection districts or those districts which have not adopted standards shall
demonstrate that fire protection is provided to the development as determined by the appropriate fire protection
district.
D. In an effort to conserve quality water resources, especially in outlying areas of low density development,
creative and innovative approaches to fire protection and prevention may be considered as approved by the
appropriate fife district. For example: strategically locating fire hydrants for refill purposes along roadways,
sprinkler systems,on-site tank or reservoir water storage,etc.
Sec.22-3-30. Law enforcement.
A. Law enforcement should include those acts and duties of the Sheriff by state statutes and the Home Rule
Charter. These include,but are not limited to,the following:
1. Keeper of the County jail and prisoners therein;
2. Service and execution of all process,writs,precepts and other orders issued or made by lawful authority
directed to the Sheriff; and
3. Apprehending and securing any person for violation of state statutes and,when directed by the Sheriff,
this Code.
r
47
B. Law enforcement should include the provision of acts and duties required by the Sheriff when requested by
a citizen.
1. The sheriff is encouraged to develop formal agreements with other law enforcement agencies to make
certain all areas of the County have prompt response.
C. Law Enforcement is a basic provision required for development activities in the County. The County
encourages that where and when possible law enforcement provision should utilize the highest available equipment,
standards and services. The County realizes the geographic size of Weld County and will strive to provide a basic
level of law enforcement service with the abilities and personnel available.
Sec.22-3-40. Public facilities general requirements.
The following services and facilities must be determined adequate and in accordance with the requirements set forth
in this Chapter and Chapters 23 and 24 of this Code prior to the zoning of a parcel for development or the
development of an industrial,commercial,residential or planned unit development subdivision:
A. Availability of an adequate water system;
B. Availability of an adequate sewer system;
C. Availability of an adequate transportation system;
D. Availability of adequate fire protection;
E. Availability of adequate law enforcement;
F. Availability of adequate school facilities; and
G. Availability of adequate parks and open space.
Sec.22-3-50. Public facility and service goals and policies.
The following goals and policies are established for public facilities and service:
A. P.1. Goal and policies.
1. P. Goal 1. Promote efficient and cost-effective delivery of public facilities and services.
2. P.Policy 1.1. Consolidation of public facilities or services and coordination between providers should
be encouraged to avoid duplication of costs and promote efficiency.
3. P. Policy 1.2. The county will encourage the development of cost effective transportation and
circulation systems by encouraging higher density uses in the area around existing municipalities,mixed use
development areas or activity centers. This will help ensure that maximum efficiency and use are derived from
investment in public facilities.
4. P.Policy 1.3. Any proposal for development or the creation of a zone district for the purpose of
development should not produce an undue burden on existing county facilities.
B. P.2. Goal and policies.
48
/-� 1. P. Goal 2. Require adequate facilities and services to assure the health,safety and general welfare of
the present and future residents of the County.
2. P.Policy 2.1. Development that requires urban services and facilities should be encouraged to locate
within a municipality,urban growth boundary area, I-25 Mixed Use Development area,urban development
nodes or where adequate services are available.
3. P. Policy 2.2. Development will be required to pay its proportional share of the local costs of
infrastructure improvements.
4. P.Policy 2.3. In evaluating a land use application,the County will consider both its physical and
fiscal impact on the local school and fire district. If it is found that the district involved will,as a result of the
proposed development,require additional facilities or incur costs requiring additional local revenues,the land
use project will be required to contribute funds to the district for the costs directly attributable to the project
in accordance with the law.
5. P. Policy 2.4. Multi jurisdictional coordination of services and facilities will be encouraged unless
it will lead to development that is not compatible with other County goals and policies.
Sec.22-3-60. Transportation.
A. The County's transportation system is intended to provide for the safe and efficient movement of people and
goods through the County. Maintenance of a good transportation system opens the door for economic viability.
The State and County road systems should provide a functionally integrated roadway network.
B. Recognizing that expansion of urban/rural development and resulting higher traffic volumes and speeds are
i—. inevitable,agricultural operations must share the responsibility for safe highways by utilizing all safety precautions
available when entering and using the county road system. i.e.Escorts,warning lights,restricting use at night and
during periods of low visibility.
C. Established standards should guide the development of the transportation system throughout the unincorporated
areas of the County. The Roadway Classification Plan,the most recent copy of which is on file at the Clerk to the
Board's office and the Department of Planning Services,identifies the roadway, railroad and airport facilities in
the County. Pedestrian,bicycle trails and scenic road byways are identified on the Recreational Transportation
Facilities Map.
D. The Roadway Classification Plan reflects the County's vision for the future. To maintain a reasonable
perspective of the County's transportation network,it is essential that updates to the Roadway Classification Plan
be made.The impact of major centers of employment or other significant land development activities could
influence this Roadway Classification Plan. For this reason,review of significant proposals for changes in land
use should be accompanied by a corresponding review of this Section. All roads shall adhere to the standards set
forth in the most current Roadway Classification Plan approved by the Board of County Commissioners.
E. In order to have an efficient transportation system,all jurisdictions should coordinate respective transportation
goals and policies.
Sec.22-3-70. Road classifications.
The County's road systems includes arterials,collectors and local roads. It generally serves travel of a countywide
nature rather than statewide. The County's road system constitutes routes where predominant travel distances are
shorter and speeds are more moderate than those typically associated with the state highway system. See the most
current Roadway Classification Plan approved by the Board of County Commissioners. For characteristics of the
49
classifications listed below,refer to the Roadway Classification Plan.
r
A. Arterial roads.
Arterial roads provide for trip lengths and travel densities for substantial or countywide travel.
B. Collector roads.
Collector roads expedite movement of traffic in the local area. Collectors serve a dual function between mobility
and land access by connecting local roads to arterials. Collector roads serve smaller communities and
neighborhoods.
C. Local roads.
Local roads provide direct approaches to individual properties. A local road should move the traffic from a
developed area and lead it into a collector road. Local County roads are designed for lower speeds and lower traffic
volumes.
D. Road access.
Some degree of access control should be included in the development of any road,particularly a new facility where
the likelihood of commercial development exists. The functional classification of any road should be coordinated
with the land use plan to ensure that the desired degree of access control can be maintained through the provisions
of Chapters 23, 24 and the most current Roadway Classification Plan approved by the Board of County
Commissioners.
Sec.22-3-80. Pedestrian and bicycle paths.
A. The involvement of pedestrians and bicycles in traffic is a safety consideration in highway planning and design.
Pedestrians and bicyclists are a part of the roadway environment,and attention must be paid to their presence in
rural as well as urban areas.
B. The bicycle has become an important element for consideration in the highway design process. Fortunately,
it is practical for most of the mileage needed for bicycle travel to be comprised of the street and highway system
much as it presently exists. Paved shoulders and other appropriate design considerations can considerably enhance
the safety and capacity of routes for bicycle traffic. The existing street and highway system shall be utilized and
off road paths or trails should be encouraged.
C. Some municipalities within the County have identified specific pedestrian/bicycle trails. Counties and
municipalities adjoining the boundaries of the County have made similar provisions for pedestrian/bicycle paths.
The logical extension and development of these trails will eventually lead to increased pedestrian/bicycle activity.
Appropriate accommodations must be made on future road improvements to ensure safety. The identified bicycle
trails being promoted in the County are shown on the Recreational Facilities Map and in the most current Roadway
Classification Plan approved by the Board of County Commissioners.
Sec.22-3-90. Scenic road byways.
A. The Pawnee Buttes Scenic Byway represents the only scenic roadway designated within the County. The
scenic byway begins in Ault,routes east along Highway 14 then travels northward through the Pawnee Grasslands,
passing the Pawnee Buttes before turning south on Highway 52 and ending in Fort Morgan. This scenic byway
is identified on State Highway maps. Appropriate signs delineating the route are strategically located to keep the
motorist on the appropriate route. Through the Pawnee Grasslands, the trail Byway utilizes the existing gravel
50
roads that are regularly maintained by the County.
B. No other scenic byways are provided for in this Plan.
Sec.22-3-100. Regional plans.
Federal and state legislation requires transportation planning. The County plays an active role in two (2)
organizations. The Upper Front Range and the North Front Range Transportation Planning Regions represent the
diverse urban and rural nature of the County. Each of these planning organizations has developed a plan for the future
growth of the region. To provide for the logical growth of the region,the County should coordinate with these planning
organizations and other regional planning organizations having contiguous borders with,or impacting,the County.
Sec.22-3-110. U.S.85 corridor.
A. U.S. Highway 85 between Wyoming and the Denver Metropolitan Area is a vital corridor providing a
transportation link serving all of Weld County.
B. With this in mind,the Colorado Department of Transportation has completed the U.S.Highway 85 Corridor
Study to address the ability of the corridor to efficiently move traffic. The Upper Front Range Regional Planning
Commission has recommended the implementation of an Access Management Plan which is incorporated in an
agreement between all governmental agencies in Weld and Adams Counties that have authority over land use along
the U.S. Highway 85 corridor.
C. The Comprehensive Plan contained in this Chapter recognizes the importance of preserving the efficiency of
the U.S.Highway 85 corridor and encourages the cooperation of all interested parties.
r-. Sec.22-3-120. Air transportation.
A. The Greeley-Weld County Airport is located two and one-half(2'/n)miles east of the City of Greeley,on the
north side of Colorado Highway 263,between County Roads 43 and 47. The Airport has been in operation since
1943 and provides the City and County with convenient access to general aviation facilities,particularly business
aviation. The Greeley-Weld County Airport is the third busiest general aviation airport in the State, routinely
accommodating in excess of one hundred sixty thousand(160,000) operations(takeoffs and landings)per year.
The Airport is classified as a general utility airport,capable of accommodating all types of general aviation aircraft.
B. An Obstruction and Approach Overlay District Zone has been established to address incompatible building
height. Reference should be made to the Greeley/Weld County Airport Master Plan regarding other issues of
incompatibility.
C. Airport site development and operations compatibility between the Airport and surrounding land uses are
important land use and zoning issues,and necessitate continuous planning to avoid conflicts. Noise-sensitive areas,
such as residential developments, certain uses and structures have traditionally caused conflicts with established
activities at most airports,and can pose a hazard to aircraft. To alleviate this problem,an Airport Overlay District
has been established.
D. The Tri-County Airport is a small general utility airport/airpark located in southwest Weld County,north of
Colorado Highway 7 and west of County Road 3. The Tri-County Airport serves light single- and twin-engine
aircraft in Weld,Boulder and Adams counties,conducting approximately fifty thousand(50,000)annual aircraft
operations.
E. There are several smaller private-use airports throughout the County. These airports serve personal needs and
are generally simple dirt landing strips. Typical uses of these landing strips are generated by agricultural spraying
r
51
and light engine recreational uses,for example. The location and use of these smaller airports are determined by
need and evaluated on a site-specific basis.
Sec.22-3-130. Rail transportation.
A. The Burlington Northern Santa Fe(BNSF)operates an east/west main line through southeast Weld County,
connecting Denver with major Midwestern markets. This line averages twenty-five(25)train movements per day
through the County. BNSF also operates an unsignaled, slow speed,twenty-five-mile-long branch line between
Greeley and Fort Collins with a total train movement of one(1)per day.
B. The Union Pacific(UPRR)operates a north/south single track mainline with centralized traffic control between
Denver and Cheyenne. This corridor could support a passenger operation. UPRR operates fifteen(15)trains per
day on its main line. UPRR operates two to four(2 -4)trains on its east to west line between LaSalle and Fort
Collins.
C. The Great Western Railway(GWRR)operates freight service from Loveland and Windsor to Johnstown and
Milliken,with branches to Longmont and Eaton. Freight consists of coal, fertilizer,corn products and other
agricultural products.
D. A potential for conflict exists between railroad lines and other land uses within urban growth boundaries and
the I-25 Mixed Use Development area. Municipal type uses and services are planned for both of these areas which
will increase auto and pedestrian traffic,and the number of noise-sensitive uses. Potential conflicts could be
avoided by signalizing or separating crossing points for trains from other vehicular and pedestrian traffic,and
separating noise-sensitive uses by distance or utilizing noise abatement techniques.
E. At present,the County's role in rail transportation is limited to land use considerations through the
administration of Chapter 23 of this Code. The primary regulatory agencies are located at the federal and state
levels.
F. Weld County encourages the preservation of rail corridors for future transportation uses. These corridors are
outlined in the North Front Range Transportation Alternatives Feasibility Study.
Sec.22-3-140. Transportation goals and policies.
The following goals and policies are established for transportation:
A. T.1. Goal and policy.
I. T.Goal 1. Provide a unified and coordinated countywide street and highway system which moves
people and goods in a safe economical and efficient manner.
2. T.Policy 1.1. The County should maintain a road classification system so County roads are designed
and maintained according to their planned function.
B. T.2. Goal and policies.
1. T. Goal 2. A Countywide trail system should be promoted to service transportation and recreation
purposes.
2. T Policy 2.1. County subdivisions should consider internal trail systems if appropriate.
3. T. Policy 2.2. County subdivisions should consider providing links to regional trail systems.
52
C. T.3. Goal and policy.
r
1. T. Goal 3. The design of roads, streets and highways should be made in consideration to the
accommodation of adjacent land uses.
2. T.Policy 3.1. Establish policy standards for the regulation of accesses to streets and highways from
adjacent land uses and intersecting roads.
D. T.4. Goal and policies.
1. T.Goal 4. Provide a balanced approach to transportation system development,giving due consideration
to all modes of travel.
2. T.Policy 4.1. The County will plan and maintain a transportation system that unifies and coordinates
with other state, county, city and community transportation systems.
3. T.Policy 4.2. The number of access points on collector and arterial roads should be kept to a
minimum in order to minimize interruptions to traffic flow and to promote safety to the traveling public.
4. T. Policy 4.3. The County should review and determine that all road, street or highway facilities are
adequate in width,structural capacity and classification to meet the traffic demands of any land development.
The County will,as a condition of land development,require improvement of roads, streets or highway
facilities in proportion to their respective impacts when dictated by traffic demand and land development
patterns.
5. T. Policy 4.4. All road,street and highway facilities should be developed, constructed and paved in
accordance with adopted County Standards. Road,street and highway rights-of-way shall be dedicated to the
public use and accepted for maintenance in accordance with adopted County Standards.
6. T. Policy 4.5. The County should emphasize maintenance and upgrading of existing transportation
facilities over the provision of new facilities in order to protect its investment.All new County roads,streets
and transportation facilities should be designed o minimize future maintenance costs.
E. T.5. Goal and policies.
1. T.Goal 5. A Roadway Improvement Plan and Road Impact Fee Study maybe performed by the county
to identify Road Capital Improvements required to maintain an adequate Level of Service(LOS)in a specified
area.
2. T.Policy 5.1. The intent of the Roadway Improvement Plan and Road Impact Fee Study in a specified
area is to assess the need for capacity expansion and subsequently impose road impact fees within a specified
area to assure that new development contributes its proportionate share of the costs of providing,and benefits
from the provision of, Road Capital Improvements identified as needed to be built in the Road Capital
Improvements Plan(CIP).
3. T.Policy 5.2. It is the objective of the Weld County Board of County Commissioners and the
governing bodies of participating entities to make the most efficient use of their powers byjointly implementing
planning,zoning and subdivision requirements for the provision of road capital improvements for the specified
area to maintain an adopted Level of Service.
Sec.22-3-150. Tourism Goal.
53
The following goal is established for tourism.
A. TR. Goal 1.
1. TR.Goal 1. The county shall recognize the importance of tourism and recreation to local,regional and
agricultural economies (for example: Com Mazes,County Fairs,Farm Implement Museums,etc.)and shall
encourage the provision of urban and non-urban services and facilities necessary for the continuation and
expansion of these activities,consistent with other goals and policies of the Weld County Comprehensive Plan.
54
ARTICLE IV
Environmental Resources.
Sec.22-4-10. Purpose.
The condition of the environment has been of increasing concern for the residents of the entire nation and the
County. Erosion,sedimentation,reduced water quality,loss of productive farmland and reduced fish and wildlife
habitats are a few of the problems which are facing County citizens. Environmental quality is inextricably tied to
quality of life and enjoyment of property. In order to preserve a healthy and positive quality of life for County
citizens,the following principles should be considered in all land use issues:
A. Impacts from proposed land uses on air, water, waste, noise and public health should be considered. Any
environmental degradation from development should be reduced or eliminated in order to prevent harm to life,
health and property.
B. Agricultural land is a limited resource of economic value and should be protected from adverse environmental
impacts.
C. The County shall encourage and promote coordination and cooperation between federal, state and local
governmental entities charged with making decisions which may have environmental impacts on land uses and
residents in the County.
Sec.22-4-20. Water quality.
A. The County is a semi-arid region with a water system including aquifers,canals and reservoirs. Over the years,
there has been a large investment in facilities to collect and store water from the mountain snows and distribute it
to the plains where it can be used beneficially.
B. The development of water resources has assisted agriculture,industry, commerce,cities and towns.
C. The Water Quality Control Commission,a citizen board appointed by the Governor,subject to confirmation
by the State Senate,defines water quality regulation and policies in Colorado. The Colorado Department of Public
Health and Environment administers the Water Quality Program throughout the State.
D. As part of the Larimer-Weld Region, Area wide Water Quality Management Plan, Weld County has been
identified as the responsible management agency for all areas in the County outside the urban service areas. As a
management agency, the County has a responsibility to exercise land use authority based on water quality
considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land
use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code.
Sec.22-4-30. Water goals and policies.
The following goals and policies are established for water:
A. WA.1. Goal and policies.
1. WA.Goal 1. County residents are encouraged to conserve water.
2. WA.Policy 1.1. Landscaping using low water use plants and water conservation techniques are
encouraged.
r
55
3. WA.Policy 1.2. Application for new development should include provisions for adequately handling
drainage and for controlling surface erosion or sedimentation within the site itself.
4. WA.Policy 1.3. Applications for new development should consider dual water systems that incorporate
separate potable and non-potable water.
B. WA.2. Goal and policies.
1. WA. Goal 2. The County will strive to maintain Federal Drinking Water Standards in aquifers which
provide drinking water for domestic and public use.
2. WA.Policy 2,1. As conditions warrant,applicants proposing unsewered divisions of land or
development shall evaluate the impacts on groundwater quality.
3. WA. Policy 2.2. Applications for new development shall consider the installation and maintenance of
managed and advance treatment septic systems to prevent potential groundwater pollution.
4. WA.Policy 2.3. Whenever feasible,the County encourages the incorporation of community sewerage.
C. WA.3. Goal and policies.
1. WA.Goal 3. The County will strive to maintain and protect water supply conveyances adequate to sustain
agricultural land.
2. WA.Policy 3.1. The County recognizes water rights as private property but encourages the retention of
water rights on agricultural property.
3. WA. Policy 3.2. 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 water bodies as outlined in the State
and Federal Water Quality Standards.
2. WA.Policy 4.1. Stormwater collection and treatment should be considered for all development. The
developer will be required to employ best management practices in the design of all stormwater facilities.
3. WA.Policy 4.2. Irrigation ditches shall not be used as outfall points,unless it is shown to be without
reasonable hazard and/or the ditch company provides written acceptance of the stormwater.
4. WA.Policy 4.3. The developer shall incorporate all Floodplain Management programs and the Master
Drainage Plan into the new development plans. The County adopted the South Weld I-25 Corridor Master
Drainage Plan in November of 1999 and all stormwater designs within the Tri-Town and Godding drainage
basins shall meet the technical criteria of this report.
5. WA. Policy 4.4. The County encourages an overall water shed approach to water quality management
issues.
6. WA.Policy 4.5. Animal feeding and dairy operations shall comply with all applicable County,State,and
Federal rules and regulations.
56
E. WA. 5. Goal and Policy.
1. WA.Goal 5. Development will occur in areas where adequate water quantity and quality is available.
2. WA.Policy 5.1. Policy Applications for proposed development will assess available water quantity and
quality.
Sec.22-4-40. Air.
A. State Air Quality Regulations and Policies are defined by the Air Quality Control Commission,a citizen board
appointed by the Governor,subject to confirmation by the State Senate. The Air Pollution Control Division of the
Colorado Department of Health administers the Air Pollution Control Program throughout the State on a regional
basis with local governments and local health agencies.
B. The County is committed to maintaining compliance with all national air quality standards for criteria and
hazardous pollutants.
C. In addition to emissions of criteria and hazardous pollutants,the County is concerned with nuisance emissions
of odor and dust. The County will encourage development to occur in a manner that minimizes these impacts.
Sec.22-4-50. Air goals and policies.
The following goals and policies are established for air:
A. A.1. Goal and policies
1. A. Goal 1. Maintain National Air Quality Standards and,where practicable,improve air quality in the
County.
2. A, Policy 1.1. If applicable,land use applications will demonstrate future impacts on current air
quality.
3. A. Policy 1.2. Land use applications will be evaluated by the Department of Public Health and
Environment for compliance with federal, state, and county statutes,regulations and ordinances.
4. A.Policy 1.3. Weld County encourages the use and development of alternative fuels,alternatively
fueled vehicles, and modes of transportation that reduce pollutants.
5. A.Policy 1.4. Weld County encourages innovative and creative approaches to alternative energy
sources.
6. 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 operations.
Sec.22-4-60. Noise.
Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods can
be a threat to public health. Statutory noise standards have been established for areas where commercial,industrial and
residential uses are located.
Sec.22-4-70. Noise goals and policies.
r
57
The following N.1 goals and policies are established for noise:
A. N.I. Goal and policies.
1. N. Goal 1. Minimize the impact of noise on County residents.
2. N. Policy 1.1. Land use applications will be evaluated by the Department of Public Health and
Environment for compliance with federal, state and county statutes,regulations and ordinances.
3. N.Policy 1.2. The Department of Public Health and Environment will prescribe noise level standards
for land use applications when appropriate.
Sec.22-4-80. Waste.
A. If managed carefully,waste can have a positive economic and environmental benefits. Energy production,and
recycling and resource conservation are examples of positive benefits. However,if improperly managed,waste can
impinge upon the public's health and environment while contributing to nuisance issues(rodents,odors,etc.).
B. The County encourages waste diversion and resource recovery from the waste stream. Personal responsibility,
"buy recycled"policies and the appropriate use of compost are suggested as stimulus for resource recovery.
C. Waste is both an important part of our local environment and the economy. The County strives to ensure that:
1. Waste should be handled in a manner that protects human health and the environment both now and in the
future.
2. The availability of quality waste management options,at a reasonable price, exists for County residents
both now and in the future.
D. Waste is divided into six(6)subsections as follows:
1. Transfers,processing and diversion.
2. Final disposal.
3. Exploration and production waste.
4. Biosolids and Septage.
5. Hazardous waste.
6. Agricultural Wastes.
Sec.22-4-90. Transfer,processing and diversion.
Important components of waste management include the transfer,processing and diversion of wastes. Transfer
refers to the movement of waste from the generator to other components of the waste management process. Processing
refers to the conversion of generated waste to reusable forms or to a more safe or efficient form for final disposal.
Diversion refers to the removal and reuse of waste through recycling or other means.
Sec.22-4-100. Transfer,processing and diversion goals and policies.
58
The following goals and policies are established for transfer,processing and diversion:
A. TPD.1. Goal and policies:
1. TPD. Goal 1. The County expects its businesses,residents and landowners to prevent negative impacts
on human health and the environment from waste processing or disposal.
2. TPD.Policy 1.1. Land use applications will be required to characterize the waste stream associated with
the proposed land use.
3. TPD.Policy 1.2. The applicant shall submit a plan to manage waste that is consistent with federal,state
and county statutes,regulations and ordinances.
B. TPD.2 Goal and policy:
1. TPD.Goal 2. All facilities in the County which handle,collect or process waste will maintain an active
role in solid waste management resource recovery of such waste.
2. TPD.Policy 2.1. The County encourages haulers and collectors of waste to provide composting and
recycling options for customers.
Sec.22-4-110. Final disposal.
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.1. Goal and policies.
1. F. Goal 1. All final disposal facilities in the County will locate,develop and operate in a manner that
minimizes interference with other agricultural uses,rural settlement patterns and existing residential
communities.
2. 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.
3. F.Policy 1.2. Compatibility with existing and future land uses(identified at the time of application)
must be demonstrated in terms of including but not limited to visual impact,pollution prevention,pollution
control,traffic, dust,noise,land use scale and density, infrastructure,topographic form geology,operating
plans,closure and reclamation plans,and buffer zones. Land use incompatibility may become an issue and
may require additional mitigation if determined that the final disposal facility site is causing negative
environmental impacts.
4. F.Policy 1.3. Appropriate infrastructure,which provides adequate access to final disposal facilities,
is required for approval.
5. F.Policy 1.4. Applications submitted for final disposal facilities will be evaluated by the Department
r
59
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.
6. F.Policy 1.5. The County may require new final disposal facility applicants to demonstrate that
resource recovery and recycling programs have been adequately studied as an alternative or component
Sec.22-4-130. Exploration and production waste.
A. A large amount of water is extracted during the production of crude oil and natural gas. The waste water
produced from exploration and production(E&P)waste is frequently brackish or salty and must be processed and
disposed of in a satisfactory manner to protect both human and environmental health.
B. The County shall monitor and report violations of state odor regulations and groundwater impacts at E&P
waste surface impoundment facilities.
C. Ground water contamination must be prevented by following state regulations for cementing wells,including
injection wells,to prevent commingling of water,oil, and gas into other formations.
Sec.22-4-140. Exploration and production goals and policies.
The following goals and policies are established for exploration and production:
A. EP.1. Goal and policy:
1. EP.Goal 1. The County encourages the minimization and requires the safe disposal of E&P waste.
2. 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. 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.
3. EP.Policy 2.2. 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. Biosolids and septage.
Like other wastes,biosolids and septage waste can have negative impacts on human health and the environment.
Improper disposal of biosolids and application of septage waste can lead to health problems and also nuisance
issues. At the same time,these wastes are important resources to an agricultural community as soil enhancements
and fertilizers,when properly applied.
Sec.22-4-160. Biosolids and septage goals and policies.
60
The following 5.1 goals and policies are established for biosolids and septage:
A. 5.1. Goal and Policies
1. S. Goal 1. Biosolids and septage should be applied,handled and processed in a manner that prevents
groundwater contamination and minimizes nuisance conditions.
2. S.Policy 1.1. All biosolids and septage land application permits will be reviewed by the Department
of Public Health and Environment for compatibility with the County Code.
3. S. Policy 1.2. Weld County requires the appropriate land application for disposal of biosolids and
septage
Sec.22-4-170. Hazardous waste.
Hazardous waste can pose unacceptable levels of risk to human health and the environment. Improperly managed
hazardous waste has led to public health disasters around the world. In addition, Household Hazardous Waste
(HHW)such as paints,are unregulated,but nonetheless can pose an unacceptable level of risk. Therefore,HHW
should be diverted from landfills. The County has a HHW program which provides alternative handling methods
for County residents.
Sec.22-4-180. Hazardous waste goals and policies.
The following H.1 goal and policies are established for hazardous waste:
A. H.1. Goal and policies
r^
1. H. Goal 1. The County encourages the minimization and careful collection of hazardous waste. Further,
the County requires the proper disposal of hazardous components,products and waste.
2. H. Policy 1.1. All County producers of regulated hazardous waste and users of regulated hazardous
materials will comply with federal,state and county statutes,regulations and ordinances regarding use,
reporting,storage and disposal of regulated hazardous waste or products.
3. H.Policy 1.2. Because of the risk of permanent damage to life,health and the environment,permanent
and final regulated hazardous waste disposal facilities shall be discouraged in the County.
4. H Policy 1.3. The county shall maintain its Household Hazardous Waste(HHW)Program..
Sect.22-4-190. Agricultural waste.
A by-product of being one of the country's largest producers of agricultural products is the generation of a large amount
of agricultural waste. Agricultural wastes result from the raising of crops or animals, including animal manures,that
are returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural wastes can impact public
health. Agricultural wastes must be managed and processed appropriately to protect human and environmental health.
Sect.22-4-200. Agricultural waste goals and policies.
The following goals and policies are established for agricultural waste:
A. AW.1 Goal and policies.
61
1. AW. Goal 1.Human and environmental health impacts from agricultural wastes will be minimized by
appropriate handling,storage,and processing practices.
2. AW.Policy 1.1. Weld County encourages the composting of agricultural wastes.
3. AW.Policy 1.2. Weld County encourages the incorporation of"Best Management Practices" when
managing agricultural wastes.
62
ARTICLE V
Natural Resources
Sec.22-5-10. Purpose.
A. Because natural resources are limited,it is critical that a balance be obtained increased growth and the natural
areas within the County. Each land use change effects the environment which may produce undesirable results.
Erosion sedimentation,reduced water quality, loss of productive farmland and reduced fish and wildlife habitat
are a few of the problems facing Weld County.
B. Natural resources are both limited and interdependent. The misuse of any natural resource may result in
environmental degradation or destruction In order to meet the goals and policies identified in this Section,officials
of the County,as well as each citizen,should take an active role in conserving and preserving natural resources and
the environment. The primary elements which follow should be evaluated in the review of County land use
applications. However, this does not mean that these are the only environmental quality and natural resource
problems in the County. Rather,the following sections have been dealt with in depth because of the importance
they have on the natural environment,and the quality of our lives.These sections do not attempt to encompass every
natural issue,instead they attempt to address The major current areas of importance are: wildlife;open space park
and recreation;general resources; commercial and mineral deposit resources;and oil and gas resources.
Sec.22-5-20. Wildlife.
The abundance of wildlife in the County is an important contributor to the economic health and quality of life in
the County. The acquisition of properties to provide public hunting and fishing and watchable wildlife opportunities,
has long been an important part of the Colorado Division of Wildlife's management program. As an added emphasis
on the importance of these lands, private groups also lease several of these sites for recreational activities such as
fishing, hunting, shooting sports and boating. Maintaining wildlife habitats in sufficient supply is necessary to
encourage the social and economic benefit the County receives from this resource. Map 5,Wildlife Areas—Existing,
the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services,
shows most of the important wildlife habitat areas in the County. It should be noted that the important wildlife areas
are often closely associated with important water supply and aquifer recharge areas.
Sec.22-5-30. Wildlife goals and policies.
The following goals and policies are established for wildlife:
A. W.I. Goal and policies.
1. W.Goal 1. New development should be located and designed to conserve critical ecosystem components,
including wetlands,significant wildlife habitats and migration corridors. Significant wildlife habitat is defined
as a geographical area containing existing or migrating wildlife and a combination of the essential elements
of food,water, cover and space in quantities sufficient to support a species.
2. W.Policy 1.1. Development and design of land uses which require drainage,excessive removal of
riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or
stream quality and to protect key wildlife habitat.
3. W.Policy 1.2. Conflicts with fish and wildlife habitats and migration routes shall be considered in land
development. Developments adjacent to rivers and streams,waterfowl areas and important or critical wildlife
areas should incorporate reduced densities,adequate setbacks and buffered areas
r
63
4. W.Policy 1.3. The County will identify and attempt to protect critical or unique habitat areas of high
public value,such as habitats of endangered or unique species,significant viewing areas and breeding and
spawning areas.
B. W.2. Goal and policies.
1. W.Goa12. Traditional wildlife uses such as hunting,trapping and fishing in agricultural and nondeveloped
portions of the County are beneficial. The County supports the maintenance of these wildlife uses. An
authorized hunting and trapping clause is incorporated in the Right to Farm statement
2. W.Policy 2.1. The effect of proposed development upon wildlife and habitat should be evaluated.
Loss of significant habitat should be mitigated. The County will maintain maps of known significant wildlife
habitats.
3. W.Policy 2.2. The integrity of movement in wildlife corridors should be conserved.
4. W.Policy 2.2. Destruction of wetlands or riparian areas will be strongly discouraged. and mitigation
for loss of wetlands and riparian habitat will be encouraged.
Sec.22-5-40. Open space,parks and recreation.
A. Open space is essentially unimproved and set aside,dedicated, designated,or reserved for public or private
use,or for the use and enjoyment of its owners or occupants. Privately owned lands are not guaranteed to remain
traditional unimproved lands, but can be converted by the individual land owner to other uses through the
appropriate land use process.
/'-- B. Park facilities and recreational programs in the County are planned and operated by the Federal Government,
State Division of Parks and Outdoor Recreation,municipalities,schools and recreational districts. The County
currently operates one (1) small regional park near the City of Greeley, is considering developing other open
space opportunities throughout the County,and encourages the use of the Pawnee National Grasslands and Crow
Valley Recreational Area.
C. The County contracts with the City of Greeley to manage the Island Grove Regional Park which is composed
of several 4-H buildings, an exhibition building, the Weld County Fair Grounds and Stadium and other
supplemental buildings. These facilities are located partly within the City of Greeley and partly within
unincorporated Weld County.
D. Special attention has been directed toward encouraging parks,trails and recreational facilities of varying size
and function along rivers,creeks, streambeds and native national grasslands.
E. The central theme of the County's open space goals and policies is to the adoption of goals and policies which
can minimize conflict between areas for open space and urban development. The open space and natural resource
management goals and policies found in Section 22-5-50 below currently function as the only open space plan for
unincorporated Weld County. Each municipality within the County has been asked to include an open space vision
of lands, into their urban growth boundary agreements.
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.
64
Sec.22-5-50. Open space,parks and recreation goals and policies.
The following goals and policies are established for open space,parks and recreation:
A. O.1. Goal and policies.
1. O. Goal 1. Promote the location of park, recreation and open space areas in floodplain, seep areas,
wetlands,geological fault areas and nonproductive agricultural areas.
2. O.Policy 1.1. Encourage agricultural use of productive agricultural land.
3. O. Policy 1.2. Encourage uses such as open space, agriculture,parks,recreation,gravel mining and
other related activities in flood plains,seep areas,wetlands, geological fault areas,and other areas having
natural features of public interest.
B. O.2. Goal.
I. O.Goal 2. The County will cooperate with local,state and federal agencies to identify,conserve, protect,
or enhance critical fish and wildlife habitat by attempting to implement measures for the protection or
enhancement of such areas.
C. O.3. Goal.
1. O.Goal 3. Land use activity should preserve, enhance and maintain significant or unique natural land
features.
D. O.4. Goal and policy.
1. O.Goal 4. Development improvements should minimize visual scarring from grading,road cuts and
other site disturbances and should integrate new landscaping with the existing natural landscape
2. O. Policy 4.1. Stabilization and landscaping of final landforms shall be required and runoff controlled
to historic levels and continuous maintenance of new landscaping should be assured.
E. O.5. Goal and policies.
1. O.Goal 5. The County will strive to conserve significant stands of trees and shrubs, large expanses of
prairie grasses and unique forms of vegetation and land area.
2. O. Policy 5.1. The County will strive to conserve significant stands of trees and shrubs and unique
forms of vegetation.
3. O. Policy 5.2. Significant stands of healthy vegetation shall be identified during the land review
process.Critical stands should be preserved whenever possible. Improvements should be located to minimize
the removal of vegetation.
4. O. Policy 5.3. Compatible, drought-tolerant landscaping should be encouraged in all land use
proposals.
5. O.Policy 5.4. Drainage channels should be designed to incorporate natural vegetation and be
constructed to conform to the natural landscape; channelization of natural drainage ways is strongly
discouraged.
65
F. O.6. Goal and policy.
1. O.Goal 6. The County shall encourage the eradication of noxious weeds in an environmentally sound
manner,in compliance with state laws.
2. O.Policy 6.1 The County will maintain a public education program regarding the eradication of
noxious weeds.
G. O.7. Goal and policy.
1. O.Goal 7. Provision should be made for open space in order to enhance the quality of life and
enjoyment of the environment.
2. O.Policy 7.1. When open space is not available,mitigation should be encouraged as an alternative.
H. O.8. Goal.
1. O.Goal 8. Adequate parks and recreation facilities should be encouraged throughout the County and
should be interconnected whenever suitable.
I. O.9. Goal and policy.
1. O.Goal 9. Public open space should be promoted as a means for protecting from development those
areas which have significant environmental, scenic or cultural value.
2. O. Policy 9.1 Compensation for the acquisition of privately owned land for public open space will
be required.
J. O.10. Goal and policy.
1. O.Goal 10. The private sector,non-County agencies and other governmental jurisdictions should be
encouraged to participate in open space preservation and trails development in the County.
2. O. Policy 10.1. Development of trails should avoid negative impacts to critical wildlife habitat.
K. O.11. Goal.
1. O.Goal 11. Open space within a development should be connected to existing adjacent open space.
Sec.22-5-60. General resources.
In this Plan,general resources has been divided into two(2)subcategories: Commercial/Mineral Resources which cover
those minerals under Title 34,and oil and gas minerals detailing oil and gas production in the County.
Sec.22-5-70. Commercial and mineral resources.
A. This Section has been developed in conformance with Title 34,Article 1, Section 304,C.R.S. This Chapter
is intended to provide appropriate goals and policies to utilize the County's mineral resources,ensuring that adverse
environmental effects resulting from surface mining operations are minimized. The County recognizes that mineral
resource extraction is an essential industry. The availability and cost of materials such as sand and gravel have an
economic affect on the general construction and highway construction industry.
r
66
B. In some instances,sites containing significant quantities of mineral deposits are located in areas characterized
by other land uses and natural resources. Because the uncontrolled operation of a mine site has the potential for
adversely affecting surrounding land uses,roads,residents and the environment,a specialized use by special review
permit is required in accordance with Chapter 23 of this Code.
C. As of 1987, the mineral resources known to be located in the County include sand and gravel, coal and
uranium. The maps, the most recent copies of which are on file at the Clerk to the Board's office and the
Department of Planning Services, illustrate the wide distribution of minerals within the County. These mineral
deposits vary greatly in quantity and quality.
D. Most of the high-quality sand and gravel deposits in the County are found along major drainage,either under
the flood plains or in adjacent stream terraces. Some lower quality deposits are found in older alluvial deposits.
Aeonian sand deposits can be found in some upland areas. A major portion of the County is underlain with coal.
This coal forms a portion of the Boulder-Weld field,which is included in the Denver Basin coal region. Portions
of the County,north of Colorado State Highway 14,have been tested and have shown occurrences of uranium
deposits. Currently,there are no producing uranium mine sites in the County.
Sec.22-5-80. Commercial and mineral resource deposits goals and policies.
The following goals and policies are established for commercial and mineral resource deposits:
A. CM.1. Goal and policy.
1. CM.Goal 1. Conserve lands which provide valuable natural mineral deposits for potential future use in
accordance with state law.
2. CM.Policy 1. Access to future mineral resource development areas should be considered in all land use
decisions in accordance with state law. No County governmental authority which has control over zoning
shall,by zoning,rezoning,granting a variance or other official action or inaction permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor.
B. CM.2. Goal and policy.
1. CM.Goal 2. Promote the reasonable and orderly development of mineral resources.
2. CM.Policy 2. The operation of a mine site in unincorporated Weld County shall be subject to obtaining
a specialized use by special review permit in accordance with Chapter 23 of this Code.
C. CM.3. Goal and policy.
1. CM.Goal 3. Minimize the impacts of surface mining activities on surrounding land uses, roads and
highways.
2. CM.Policy 3.1 An application for a mine site located within the County, should be reviewed in
accordance with the goals and policies of the area in which the application is located.
3. CM. Policy 3.2. An application for a mine site will be reviewed in consideration of the
cumulative impacts of the mining activity on surrounding land use and County infrastructure.
D. CM.4. Goal and policies.
r
67
1. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site.
2. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining operation,the County
should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the
operation on surrounding properties as follows:
a. CM.Policy 4.1.1 Require the location and design of excavated areas,structures,machinery,
equipment storage and stockpiling of mined materials to be compatible with surrounding land uses in terms
of: general use,scale,density,traffic,dust and noise.
b. CM.Policy 4.1.2. Maintain roadside and perimeter vegetation and setback requirements which
serve to shield mining operations, including storage of equipment,stockpiled soils and materials from
public view.
c. CM.Policy 4.1.3. Require that access roads to and within the site be located in a manner which
minimizes traffic impacts on surrounding land uses.
d. CM.Policy 4.1.4. Require the land use applicant to demonstrate to the satisfaction of the Board
of County Commissioners that the street or highway facilities providing access to the mining activity are
adequate in functional classification,width and structural capacity to meet the requirements of the
proposed mining activity. Internal road circulation,off-street parking,dust abatement,acceleration lanes,
deceleration lanes,common access collection points, signalization and other traffic improvements shall
be required wherever necessary to mitigate traffic impacts caused by the mining activity. Applications for
mining should also be reviewed in accordance with the transportation goals and policies.
e. CM.Policy 4.1.5. Require,where possible,that batch plants and processing equipment be
buffered from adjacent uses.
f. CM.Policy 4.1.6. Require appropriate security fencing be erected and maintained around
extraction sites,as necessary,to minimize the attractive nuisance hazards inherent in operations located
near urban uses.
g. CM.Policy 4.1.7. Require mining operations to use warning signs,fences,guards,lighting and
other means to warn and protect people from mine site hazards such as steep slopes,holes,ponds and
heavy equipment.
h. CM.Policy 4.1.8. Require all mining operations conform to federal, state and local
environmental standards.
E. CM.5. Goal and policies.
1. CM.Goal 5. Provide for timely reclamation and reuse of mining sites in accordance with this Chapter
and Chapters 23 and 24 of this Code.
2. CM.Policy 5.1. The County should consider the potentially adverse environmental effects of mining
operations.
a. Disturbance of vegetation and overburden in advance of mining activities should be minimized.
b. Topsoil should be saved and utilized in site reclamation.
c. All reasonable and practical measures should be taken to protect the habitat of fish and wildlife.
68
d. The operation should comply with County flood hazard and geological hazard regulations.
e. The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is
reestablished.
f. Trucking operations dealing exclusively in the transport of mined materials may be permitted on the
mine site when incorporated in the operational plan for the mining operation.
F. CM .6. Goal
1.CM. Goal 6. The extraction of mineral resources should conserve the land and minimize the impact on
surrounding land.
Sec.22-5-90. Oil and gas deposits.
Oil and gas development in the County is an integral part of the County economy,and has a substantial direct and
indirect impact on current and future land use. Oil and gas development is cyclical but the economics of drilling
has caused extensive drilling activities in the County.
Sec.22-5-100. Oil and gas goals and policies.
The following OG.1 goals and policies are established for oil and gas:
A. OG.1. Goals and Policies
i-. 1. OG. Goal 1. Oil and gas exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts between mineral development and
current and future surface uses.
2. OG.Policy 1.1. The County should encourage cooperation,coordination and communication between
the surface owner and the mineral owner/operators with respect to any developments of either the surface or
the mineral estate.
3. OG.Policy 1.2. New planned unit developments or subdivisions should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can reasonably be
anticipated.
4. OG.Policy 1.3. Oil and gas drilling activities should be planned to take into account current and future
surface planned unit development and subdivision activities to the extent such development can reasonably
be anticipated.
5. OG.Policy 1.4. The County will seek the imposition of protective measures through available state,
county and federal regulations to ensure that the mineral operator conducts operations in a manner which will
minimize current and future environmental impacts.
6. OG.Policy 1.5. Oil and gas support facilities decisions which do not rely on geology for locations shall
be subjected to review in accordance with the appropriate section of this Plan.
7. OG.Policy 1.6. Oil and gas exploration and production should be conducted in a manner which
minimizes interference with existing surface use and mitigates the impact on future land uses. Well sites should
be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because
69
of environmental or safety problems or the existence of improperly abandoned or unlocated equipment,such
as wellheads or flowlines
B. OG 2. Goal.
1.OG.Goal 2. The extraction of oil and gas resources should conserve the land and minimize the impact on
surrounding land.
C. OG3. Goal.
1. OG Goal 3. Ground water contamination must be prevented by following state regulations for cementing
wells, including injection wells,to prevent commingling of water,oil,and gas into other formations.
r
70
APPENDIX 22-A
r.
Population Distribution, Percentage Based
1
_... 61.7 III. • _ _.. ... _..
70
163 9
60 '
I
50 I Legend
WLLU
40
30 11
18 5 r 10.2 < v
i 10 t
10 r<7.7
< 5 5 TO 17 18 TO 64 65+
Population Characteristics/Weld County and the State of Colorado: Multiple Race Categories-2000
Weld County Colorado
Race 1990 2000 Percent Change 2000
1990-2000
White 117,247 147,834 21% 3,560,005
Black or African American 567 1,022 45% 165,063
American Indian and Alaska Native 785 1,581 51% 44,241
Asian 1,133 1,508 25% 95,213
Native Hawaiian&Other Pacific Islander 90 150 40% 4,621
Some other race 12,089 24,044 50% 309,931
Two or more races n/a 4,797 n/a 122,187
County Residential Population
1970 1980 1990 2000
89,797 123,438 131,821 186,936
(Source. Colorado Department of Labor and Employment, 1994)
71
APPENDIX 22-A continued
Population Characteristics/Weld County and the State of Colorado-2000
WELD COUNTY COLORADO
# % # %
MALE 90,717 50.1% 2,165,983 50.400/
FEMALE 90,219 49.9% 2,135,278 49.6%
UNDER 5 14,047 7.8% 297,505 6.9%
5-14 28,576 15.8% 619,925 14.49%
15-34 58,094 32.1% 1,277,503 29.6%
35-64 63,979 35.3% 1,690,255 39.3%
65+ 16,240 8.9% 416,073 9.7%
TOTAL 180.936 4,301,261
Median Age 30.9 34.3
Total Households 63,247 1,808,037
Persons per Household 2.74 2.47
r County Median Household Size,Family and Household Income
Median Household Size Median Family Income Median Household Income
Year County State County State County State
1940
1950
1960
1970 3.0 3.0
1980 2.8 2.8 $26,236.00
1990 2.7 2.7 $30,800.00 $35,930.99 $25,642.00
2000 2.78 2.53 $35,351.00' $40,853.00'
'1997 Model-based estimate,U.S.Census Bureau,2001.
72
APPENDIX 22-A continued
/'" 2000 Base Economic Analysis
County: Weld All Income: $3,902,397 All Employment: 98,574
Basic Percent Basic Percent
Income of Basic Employment of Basic
$(1,000)
Total: $2,292,346 56,610
Agribusiness $512,990 22.40% 16,253 28.70%
Agricultural Production $191,867 8.40% 7,876 13.90%
Agricultural Inputs $112,288 4.90% 2,382 4.20%
Agricultural Processing $208,836 9.10% 5,995 10.60%
Mining and Extractive Industries $69,675 3.00% 1,882 3.30%
Metals Mining $(280) 0.00% 0 0.00%
Oil and Gas Extraction $62,399 2.70% 1,629 2.90%
Regional Goods and Services $367,661 16.00% 14,181 25.10%
Insurance $62,952 2.70% 1,676 3.00%
Computer Programming $26,709 1.20% 1,054 1.90%
Business Services,except Programming $41,382 1.80% 3,318 5.90%
Wholesale Trade,Non-agricultural $24,823 1.10% 640 1.10%
Health Services $21,104 0.90% 636 1.10%
Maintenance and Special Trades $61,584 2.70% 1,929 3.40%
r Building Construction $35,340 1.50% 886 1.60%
Manufacturing $344,062 15.00% 7,340 13.00%
Instruments,including Photography $113,500 5.00% 2,383 4.20%
Industrial,Commercial,or Electrical Machinery $55,343 2.40% 313 0.60%
Primary and Fabricated Metals $53,485 2.30% 1,183 3.30%
Electronic and Electric Equipment $54,946 2.40% 1,733 3.10%
Transportation,Communications and Utilities $43,164 1.90% 1,039 1.80%
Tourism $56,012 2.40% 3,229 5.70%
Resorts,Recreation and Lodging $20,021 0.90% 1,853 3.30%
Government $132,706 5.80% 4,102 7.20%
State Health and Education Services $54,083 2.40% 1,644 2.90%
Local Government Administration $30,283 1.30% 942 1.70%
Other Sources of Income $380,487 16.60%
Transfer Payments<60 $123,003 5.40%
Dividends,Interest and Rent<60 $240,704 10.50%
Retirees $385,588 16.80% 8,584 15.20%
Medicare Payments $110,109 4.80%
Other Public Assistance 60+ $25,383 1.10%
SS,Disability&Government Retirement 60+ $174,869 7.60%
tr` Dividends,Interest and Rent 60+ $75,228 3.30%
Updated: Tuesday,February 19,2002 Source:Demography Section,Colorado Department of Local Affairs
73
APPENDIX 22-B
Existing 1995 Land Use in Weld County
LAND USE CATEGORY ACRES PERCENTAGE
Agricultural Research 500 .03
Farmland 2,086,292 81.0
Forest Service(primarily Pawnee National Grasslands) 193,060 8.0
Urban-Type Development
Commercial 9,980 .4
Industrial 2,168 .09
Residential(Subdivision) 8,184 .3
Wildlife 2,228 .09
Other 200,301 7.0
Uncategorized• 59,757 2.3
Total County Acres 2,562,560 100.•"
• River bottom,roadways,geographical features.
•" Rounded.
Sources:
I. Colorado Division of Local Govemment—Demographic Section.
/1 2. Estimates and Projections of Total Population for Colorado Counties 1900-2000-1900. Denver,Colorado.
3. Weld County Planning Department—1995.
74
APPENDIX 22-C
Number of Acres in Municipalities in Weld County
TOWN ACREAGE
Ault 395
Brighton 269.87
Broomfield 941
Dacono 999.16
Eaton 611.46
Erie 1,185.88
Evans 1,778
Firestone 803.24
Fort Lupton 2,360.61
Frederick 2,426.78
Garden City 85
Gilcrest 448
Greeley 17,966
Grover 293.53
Hudson 267.57
Johnstown 281.5
Keenesburg 333.99
Kersey 242.89
LaSalle 344.35
Lochbuie 381.72
Longmont 160
Mead 435.74
Milliken 2,627.81
New Raymer 356.04
Northglenn 623
Nunn 640
Pierce 390
Platteville 421
Severance 148
Thornton 69.55
Windsor 3,223.45
75
APPENDIX 22-D
r Weld County Population by Municipalities
1980 1990 2000
WELD COUNTY 123,438 131,821 180,936
Ault 1,056 1,107 1,432
Berthoud(MCP) - - 16
Brighton(MCP) - 17 154
Broomfield(MCP) - 4 10
Dacono 2,321 2,228 3,015
Eaton 1,932 1,959 2,690
Erie 1,231 1,244 2,009
Evans 5,063 5,877 9,514
Firestone 1,204 1,358 1,908
Fort Lupton 4,251 5,159 6,787
Frederick 855 988 2,467
Garden City 123 199 357
Gilcrest 1,025 1,084 1,162
Greeley 53,006 60,454 76,930
Grover 158 135 153
Hudson 698 918 1,565
Johnstown 1,535 1,579 3,827
Keenesburg 541 570 855
P., Kersey 913 908 1,389
LaSalle 1,929 1,803 1,849
Lochbuie 895 1,168 2,049
Longmont(MCP) - - 24
Mead 356 456 2.017
Milliken 1,506 1,605 2.888
New Raymer 80 98 91
Northglenn(MCP) - - 12
Nunn 295 324 471
Pierce 878 823 884
Platteville 1,662 1,515 2,370
Severance 102 106 597
Thornton - - -
Windsor 4,277 5,062 9,612
Unincorporated 35,542 33,001 41,832
MCP. Only those portions located within Weld County.
Source: Colorado Division of Local Government—Demographic Section.
Source:U.S.Census Bureau. Date Set:Census 2000 Redistricting Data(Public Law 94-171)Summary File.
r
76
APPENDIX 22-E
Weld County's Right to Farm Statement
Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value
of agricultural products sold. The rural areas of Weld County maybe open and spacious,but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,
including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens,field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes;hunting and trapping activities;shooting sports, legal hazing of nuisance wildlife;and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved"out of
the way"of residential development without threatening the efficient delivery of irrigation to fields which is essential to
farm production. Property owners and residents cannot take water from irrigation ditches,lakes or other structures unless
they have an adjudicated right to the water.
Section 35-3.5-102, C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance
if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
"^-• Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State of Delaware)
with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads,no matter how often they are bladed,will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest
priority for public works or may be the private responsibility of the homeowners. Services in rural areas,in many cases,
will not be equivalent to municipal services. Rural dwellers must,by necessity,be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field
equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sand
burs, puncture vines, territorial farm dogs and, livestock and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are
responsible for their children.
77
APPENDIX 22-F
Tax Limitations
Property taxes are the primary source of revenue to operate Weld County government. The county Home Rule Charter
and the state TABOR and Gallagher amendments limit the amount of tax generated revenue that can be collected each year.
Weld County adopted the Home Rule Charter in 1975, which limits increases in tax revenue to 5% per year. This
limitation may be circumvented if the County Council deems it necessary by granting an increased mill levy. There are
some regulations the County Council must follow in granting this increase. If the County Council fails or refuses to act,
or increases the mill levy beyond its authorization, the question of increasing the mill levy may be submitted to the
qualified electors of the county at a general or special election.
The state TABOR amendment operates somewhat like the county Home Rule Charter in that it limits the amount of
increase in property tax revenue from year to year. The TABOR amendment limitations may also be changed or eliminated
by a vote of the people.
The state Gallagher Amendment provision in the 1982 Amendment 1 stabilized the share of residential assessed value in
the total statewide property tax base at approximately forty-five(45%). Prior to 1982,the share of residential property
assessed value as a percentage of total statewide-assessed value had been steadily creeping upward. The result of this
stabilization of the residential share of property tax revenue collections at about forty-five(45%)has shifted the tax burden
to all nonresidential property owners in the State. The State Legislature establishes an assessment rate each year for
residential property in order to comply with the Gallagher Amendment. The rate for the 2001 tax year was 9.15% as
compared to 21%prior to passage of the Gallagher Amendment in 1982.
r
78
APPENDIX 22-G
Mixed Use Development Area(MUD)Land Use Plan Distribution
Land Use/Intensity Acres %Total Area Remarks
Employment Center—High Intensity 2,748 19% 31 million square feet of floor space
Regional Commercial—Medium 437 3% 19 million square feet of floor space
Intensity
Neighborhood Center—Low Intensity 195 1% .9 million square feet of floor space
Residential—Mixed Intensity 6,263 42% Maximum population:59,076 people and approximately
23,561 dwelling units
Limiting Site Factors—Lowest 4,215 28% All areas delineated are within the 100-year floodplain or
Intensity have elements that obstruct or are hazardous to certain types
of development
Regional Park 852 6% Areas delineated as open space
TOTAL 14,710 100%
Table Assumptions: Source: Weld County Department of Planning Services.
• Residential densities were calculated using an average of four dwelling units per acre for all development throughout the MUD area. It was
assumed that 25%of the gross land area in residential areas would account for roadways,neighborhood parks and various residential amenities.
• Employment center calculations are based on an average of 15,000 square feet of floor area per acre.
• Regional commercial calculations are based on an average of 10,000 square feet of floor area per acre.
79
r APPENDIX 22-H
Sources
1. Census of Population and Housing, (1990). U.S. Department of Commerce Bureau of the Census.
2. Census of Population Characteristics, (2000). U.S. Department of Commerce Bureau of the Census.
3. Census of Population and Housing, (2000). U.S. Department of Commerce Bureau of the Census.
4. CHAS for Larimer and Weld Counties.
5. Colorado Ag Statistics Service, July 1990. Colorado Ag Statistic 1990. Denver, Colorado.
6. Colorado Agriculture Statistics Service, August 2001. Colorado Ag Statistic 1997. Denver, Colorado.
7. U.S. Department of Commerce—Bureau of the Census. May 1992. 1990 Census of Population and
Housing, Summary Colorado. Washington, DC.
8. Colorado Department of Health—Health Statistics Section July 1992. Colorado Vital Statistic 1990.
Denver, Colorado.
9. Colorado Division of Local Government—Department of Local Affairs. July 1992. 1990 Census
Information on the State of Colorado. Denver, Colorado.
10. Colorado Division of Planning. 1972. Water and Sewer Facility Plan for Weld County, Colorado.
Denver, Colorado.
11. Colorado State University and Colorado Department of Ag. 1991. Colorado's Farm and Food System:
Farm and Agribusiness Contributions to the Colorado Economy. Fort Collins, Colorado.
12. Eugene G Siemer. (Dec. 1977). Colorado Climate. In J. W. Berry A Climatic Summary for Colorado
(pl CLM-CIM-19). Colorado State University. Fort Collins, Colorado.
80
Hello