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ORDINANCE NO. 147-Q
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, INCLUDING AMENDMENT OF
CERTAIN MAPS, TO ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE PLAN, AS
CURRENTLY AMENDED
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has the power and authority under the
Weld County Home Rule Charter and Article 28 of Title 30, C.R.S., to adopt planning goas and
policies for the unincorporated areas of the County of Weld, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
previously adopted Ordinance No. 147, Weld County Comprehensive Plan, establishing a
comprehensive revision of the planning goals and policies for the unincorporated areas of the
County of Weld and has adopted amendments in Ordinance No. 147-A through 147-P, and
WHEREAS, the proposed Comprehensive Plan revisions have been reviewed by the
Weld County Planning Commission and the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Weld County hereby finds and
determines that there is a need for said revisions to the Comprehensive Plan for the County of
Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people
of Weld County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners cf the
County of Weld, State of Colorado, that the Weld County Comprehensive Plan be, and hereby
is, amended as follows:
1. The Structural Land Use Plan Map 2.1 is amended to include the following
parcels:
A. The N1/2 NE1/4 of Section 36, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado.
B. Part of the SW1/4 NW1/4 and all of the SE1/4 of Section 36, Township 3
North, Range 68 West of the 6th P.M., Weld County, Colorado.
2. The Urban Growth Boundary map shall be amended to reflect correct nun cipal
boundaries, Intergovernmental Agreement boundaries (including Keenesburg,
Evans, Eaton, Kersey, Mead, and Milliken) and the Mixed Use Development
Area boundaries, as well as the parcels listed above in 1.A and 1.B.
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Also, add the following at the bottom of the Urban Growth Boundary Map: 'This
Urban Growth Boundary Map may change rapidly. Please refer to the mar
prepared by the Department of Planning Services on file with the Clerk to the
Board for the most current Urban Growth Boundary Map. A copy of this map,
along with a confirmation of its filing with the Clerk to the Board, is also on 'rile
with the Department of Planning Services."
3. Table 5 shall be amended to read as follows:
TABLE 5: LAND USE PLAN DISTRIBUTION
Land Use/Intensity Acres % of Total Area Remarks
Employment Center - High 24 million square feet of
Intensity 2,400 18.8% floor space
Regional Commercial - 3.8 million square feet of
Medium Intensity 380 2.97% floor space
Neighborhood Center- Low 80 800,000 square feet cf floor
Intensity .63% space
Residential - Mixed Intensity Maximum population:
5,150 40.2% 39,813 people and
approximately 18,097
dwelling units.
L milting Site Factors - All areas delineated a-e
Lowest Intensity 4,040 31.6% within the 100-year
floodplain or have elements
that obstruct or are
hazardous to certain types
of development.
Regional Park Areas delineated as open
750 5.8% space.
Total 100%
12,800
Source: Weld County Department of Planning Services
4. Amend Introduction Chapter as follows:
A. Comprehensive Plan Amendment Procedure, Add the following to
paragraph C, (sub-paragraph not numbered).
In the case of an amendment to the 1-25 Mixed Use Development Area
Map, the proposed amendment must:
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d. Submit a deed or legal instrument to the Department of Flaming
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 report shall be prepared and certified by a
registered professional engineer competent in traffic engineering
The intent of this analysis is to determine the projects cumulative
development impacts, appropriate project mitigation and
improvements necessary to offset a specific project's impacts.
This analysis shall include the following information:
1. Introduction: Describe the proposed development and
parameters of the study area.
2. Trip Generation: Determine daily and a.m. and p.m. peak
hour trip generation for the proposed development using
established rates identified in the Trip Generation Manual
published by the Institute of Transportation Engineers or
as agreed to by county staff.
3. Trip Distribution: Based on assumptions contained in the
MUD area traffic analysis or market estimated, describe
the anticipated trip distribution patters for the proposed
development.
4. Trip Assignment: Based on the projected trip genera:ion,
assumed trip distribution, and the prevailing roadway
network, assign the projected traffic to the intersections
and streets within the study area.
5. Additional information required by the Departments cf
Public Works or Planning Services.
B. Comprehensive Plan Definition, change the last sentence to read, "The
Comprehensive Plan was originally developed in 1974, revised in 1987,
and later amended as outlined on the Amendment Index of this
document."
5. Transportation Chapter, Paragraph 3, as the last sentence add the following: All
roads shall adhere to the standards set forth in Section 10 of the Subdivision
Ordinance.
6. Appendix, Transportation Definitions:
Arterial Road characteristics shall be listed as follows:
- Paved arterials will normally have an ADT greater than 1,000.
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- Arterials will be designed for a speed of 55 MPH.
- For better movement of traffic and safety, the traveling arterials shall have no
direct accesses. Direct accesses will be provided only for hardship cases or
for high traffic generators.
- Direct accesses will usually be limited to incoming collector roads, i.e., Jne
cross road intersection per mile.
- Arterial roads provide for the corridor movement and distribution of traffic with
trip lengths and travel densities for substantial statewide or countywide travel.
Collector Road characteristics shall be listed as follows:
- Paved collectors will normally have an ADT of 200 to 1,000.
- Collectors will be designed for a speed of 45 MPH.
- Direct accesses will be limited to six per mile.
- New individual lot access will be permitted in hardship cases.
- A distance of 1,025 feet will be maintained between cross road intersections
whenever practical.
- Collector roads combine smaller traffic flows until they reach a volume That
warrants an intersection along an arterial roadway.
- Collectors expedite movement of traffic in the local area.
- Collectors serve a dual function between mobility and land access by
connecting local roads to arterials.
- Collector roads serve smaller communities and neighborhoods.
- Collector roads serve travel of primarily a countywide nature.
Change "Locator Roads" to "Local Roads", and amend the second sentence to
read: A local road should move the traffic from a developed area and lead it into
a collector road at a single point of access." Also, list the characteristics as
follows:
- Local roads will be designed for a speed of 35 MPH.
- Not more than one access per lot/legal parcel shall be permitted.
- To the greatest extent practical, the number of accesses on all local roads
shall be kept to a minimum. The multiple use of accesses shall be
encouraged.
- The minimum distance between any two road intersections should be rot
less than 500 feet.
- In general, the design of new roads shall allow for sufficient distance
between intersections to allow motorists to complete all turning
movements and/or speed changes with sufficient sight distance to
prevent endangering the through traffic.
- Reference is made to the AASHTO Manual on Geometric Design of
Highways and Streets.
- Local roads provide direct approaches to individual or other properties.
- A local road should move the traffic from a developed area and lead it into a
collector road at a single point of access.
- Local county roads are designed for a lower speed and a lower traffic
volume.
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7. Amend the Right to Farm Covenant to read as follows:
WELD COUNTY'S RIGHT TO FARM Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total market
value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into
a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural area: open views, spaciousness, wildlife, lack cf 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 or 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; 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.
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 4,000 square miles in size (twice the
State of Delaware) with more than 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 that urban dwellers.
Children are exposed to different hazards in the county than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
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ditches, electrical power for pumps and center pivot operations, high speed
traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real
threats to children. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood. Parents are
responsible for their children.
8. Mixed Use Development Section, amend last sentence to read, "Table 5
provides approximate acreage for each of the land uses and maximum density
statistics that could occur at full build-out of the MUD area."
9. Amendments to various sections to reference current land-use planning
documents used by staff in reviewing applications:
A. Introduction Section.
1. Relationship to Planning Documents:
a. Amend last sentence of first paragraph to read, "The basic
documents used by Weld County to carry out the goals and
policies of the Comprehensive Plan are the Zoning, Planner Unit
Development, Mixed Use Development, Intergovernmental
Agreements, and Subdivision Ordinances.
b. Add definitions of the Planned Unit Development, Mixed Use
Development, and Intergovernmental Agreement Ordinances to
the end of each corresponding paragraph, as follows:
The Planned Unit Development Ordinance is a subdivision
mechanism used which provides greater flexibility than the
Subdivision Ordinance.
The Mixed Use Development Ordinance, Ordinance 191. is the
regulatory document defining regulations and minimum standards
for development in a geographical region of the county.
The Intergovernmental Agreements illustrate a coordinated
planning agreement between Weld County and various
municipalities.
c. Amend last paragraph to read, "The Zoning, Planned Unit
Development, Mixed Use Development, Intergovernmental
Agreements, and Subdivision Ordinances are intended to carry
out the goals and policies of the Comprehensive Plan."
2. Weld County Planning Process:
a. Amend first paragraph, third sentence to read, "The
Comprehensive Plan, Zoning, Planned Unit Development, Mixed
Use Development, Intergovernmental Agreements, and
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Subdivision Ordinances are the essential documents describing
the Weld County Planning review and decision making process
b. Amend third paragraph, first sentence to read, "When the
Department of Planning Services receives a land-use application..
it is processed and reviewed for compliance with the appropriate
sections of the Comprehensive Plan, Zoning, Planned Unit
Development, Mixed Use Development, Intergovernmental
Agreements, and Subdivision Ordinances."
c. Amend fourth paragraph, first sentence to read, "The
Comprehensive Plan, Zoning, Planned Unit Development, Mixed
Use Development, Intergovernmental Agreements, and
Subdivision Ordinances 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.
3. County Population, amend second paragraph, third sentence to read,
"The gender distribution ratio was similar for both Weld County and the
state for this time frame (Table 1).
B. Agriculture Section, Concerns of Farming as an Industry, amend fourth
paragraph, second sentence to read: "Farmers and developers depend upon
the consistent interpretation and administration of the Comprehensive Plan,
Zoning, Planned Unit Development, Mixed Use Development,
Intergovernmental Agreements, and Subdivision Ordinances."
C. Urban Growth Boundaries Section, add the following paragraph to precede
Urban Growth Boundaries Goals and Policies: "The Urban Growth Boundary
map is found in this Ordinance."
D. Planned Unit Development Section, amend first paragraph, second sentence
to read, "When development is planned as a unified and integrated whole it is
not intended to be used to circumvent or distort the goals, policies, or
requirements of the Weld County Comprehensive Plan, Zoning, Planned Unit
Development, Mixed Use Development, Intergovernmental Agreements, and
Subdivision Ordinances."
E. Mixed Use Development Section:
1. Amend MUD Structural Land Use Plan, first paragraph, last sentence, to
read, "The land uses delineated in the Structural Land Use Map #2,
located in the MUD Ordinance, promotes appropriate levels of facilities
and services for the entire MUD area."
2. Structural Land Use Map, amend first sentence to read, "Land use
components are delineated on Map #2.1, located in the MUD Ordinance "
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F. Transportation Section. Add sentence to third paragraph to read, "All roads
shall adhere to the standards set forth in Section 10 of the Subdivision
Ordinance."
G. Environmental Resources Section, Water Goals and Policies: Add the
following:
1. WA. Goal 4. Weld County will strive to maintain the quality of all
public streams as outlined in the State and Federal Water Discharge
Quality standards.
2. WA Policy 4. Sediment and debris collection and removal shall be
required on all development. The developer will be required to employ
best management practices in the design of all storm water facilities.
3. WA. Policy 4.1. Irrigation ditches shall not be used as outfall points,
unless it is shown to be without reasonable hazard and the Ditch
Company provides written acceptance of the storm water.
4. WA. Policy 4.2. The developer shall incorporate all Flood Plain
Management programs and studies into the new development plans.
Weld County adopted the South Weld 1-25 Corridor Master Drainage
Plan in November of 1999 and all storm water designs within the Tntown
and Godding drainage basins shall meet the technical criteria of this
report .
10. Move the Structural Land Use Map, #2.1 from the Comprehensive Plan to the
Mixed Use Development Plan.
11. Move Table 6, Design Guidelines for New Road Construction, from the
Comprehensive Plan to the Subdivision Ordinance.
BE IT FURTHER ORDAINED by the Board that this Ordinance No. 147-Q, insofar as it
is the same as Ordinance No. 147 as amended, is intended to be a continuation of the prior
ordinance and not a new enactment.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 147-Q was, on motion duly made and
seconded, adopted by the following vote on the 23rd day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Attorney _
Glenn Vaad
Published: September 14, 2000
First Reading: September 25, 2000
Publication: September 28, 2000, in the South Weld Sun
Second Reading: October 9, 2000
Publication: October 12, 2000, in the South Weld Sun
Final Reading: October 23, 2000
Publication: October 26, 2000 in the South Weld Sun
Effective: October 31, 2000
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