HomeMy WebLinkAbout20002893.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 tor:
Case Number: Comprehensive Plan, Ordinance 147-O, County Code 2000-1
Planner: Anne Best Johnson
Applicant: Weld County Department of Planning Services
Address: 1555 N. 17Th Avenue
Greeley, CO 80631
Request: Document-wide renumbering,spelling corrections,type face,and alignment for consistency
in the document.The specific amendments include page 1-1 to reflect current amendment
years; amendments to the Right to Farm Covenant, Amendment procedure; and design
standards in Section 10
be recommended favorably to the Board of County Commissioners as follows:
Page 1-2 of the Comprehensive Plan, Item 2, Weld County Ordinance 147P:
A. Comprehensive plan amendment proposals shall be considered bi-annually with a public
hearing process beginning in November or May of each year.
The application materials were prepared by the Department of Planning Services and distributed
to referral agencies with the other two applications.
B The petitioner shall pay for the cost of legal publication of the proposed
amendment and all land use application fees.
The County shall pay for their fair share of the amendment publication.
C. A typewritten original and eleven (11) copies of the proposed Comprehensive Plan
amendment must be submitted to the Department of Planning Services no later than
October 1 or April 1 of each year to be considered for review and public hearings
The County met this requirement.
The following items shall be submitted as part of the proposed amendment:
(1) A statement describing why the comprehensive plan is in need of revision.
Accurate information and ordinances which reflect current practice is important for the
public to have.
(2) A statement describing how the proposed amendment will be consistent with existing and future
goals, policies, and needs of the County.
Accurate information and ordinances which reflect current practice is important for the
public to have.
2000-2893
RESOLUTION, Ordinance 147-Q
Weld County Comprehensive Plan
Page 2
The amendment consists of minor amendments and major amendments. The minor amendments consist
of document-wide renumbering, spelling corrections, type face, and alignment for consistency in both
documents. There are 6 major amendments proposed as outlined in your packets, and listed as follows:
1. The Comprehensive Plan Amendment Procedure is in need of amendments to reflect current
practice, consistency with MUD Plan Section 1.1.3 and 2.7.2 respectively, and clarificatior for
applicants.
2. The Urban Growth Boundary map needs to be amended to reflect correct municipal boundaries,
Intergovernmental Agreement Boundaries and MUD Outline. Six additional communities
(Keenesburg, Evans, Eaton, Kersey, Mead and Milliken) have entered into Intergovernmental
Agreements with Weld County since the last amendment of this map. These Urban Growth
Boundaries shall be accurately reflected on this amended map. In addition, should the boundary
of the MUD Area be modified with the two applications for inclusion, the outline of the MUD Area
shall be amended on this map.
3. Map #2.1 Structural Land Use shall be amended to illustrate the correct land classifications In
addition, should the boundary of the MUD Area be modified with the two applications for inclusion,
the outline of the MUD Area shall be amended on this map.
4. Table 5, page 3-17 shall be amended in the event that the two applications for inclusion intc the
MUD are approved, the following table shall be amended to accurately reflect land use
classification. It is important to note that previous amendments to the MUD Structural Land Use
Map have not included an amendment to this Table. Therefore,a count of acreage was completed.
The figures represented in Table 5 are an accurate reflection of land use designation.
5. Several amendments are being proposed by the Department of Public Works.
6. Amendments to the Right to Farm Covenant.
More specifically, these proposed amendments are as follows:
Minor Amendments: Document-wide renumbering,formatting and spelling corrections for consistency To
include the following:
Page v Map 2.1.
Page 1-1 Last sentence of the first paragraph should read: "The Comprehensive Plan was
originally developed in 1974,revised in 1987,and later amended as outlined or the
Amendment Index of this document."
Page 2 "Pain" should read "Plan"
Page 3-3 UGB.Goal 4 should not be indented.
Page 3-16 Last paragraph should read "Table 5"
Page 5-4 F.Goal 1 this entire paragraph type face should be bold
Page 5-5-5-6 EP.Goal 1, EP.Goal 2, H.Goal 1, F.Goal 1, the type face of these entire paragraphs
shall be bold
Page 5-5 Hard Return prior"Sludge Goals and Policies'
Page 7-1 Hard Return prior to "Transportation Definitions"
Substantial Change
Component 1: Amendment Procedure clarification to Page 1-3, (C).
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 prelimi iary
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
RESOLUTION, Ordinance 147-Q
Weld County Comprehensive Plan
Page 3
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:
a. Introduction: Describe the proposed development and parameters of the study
area.
b. 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 ✓ith
county staff.
c. 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.
d. Trip Assignment:Based on the projected trip generation,assumed trip distribu ion,
and the prevailing roadway network,assign the projected traffic to the intersect ons
and streets within the study area.
e. Additional information required by the Departments of Public Works or Plan iirig
Services.
Substantial Change
Component 2: Urban Growth Boundary map to reflect correct municipal boundaries, Intergovernmental
Agreement Boundaries and MUD Outline. The following shall be placed at the bottom of the Urban Growth
Boundary Map: "Intergovernmental Agreements have been established with various Weld County
Communities. This Urban Growth Boundary Map may change rapidly. Please refer to the Department of
Planning Services for the most current Urban Growth Boundary Map."
Substantial Change
Component 3: Map 2.1 Structural Land Use shall be amended to illustrate the correct land classif:cat ons
and boundaries.
Substantial Change
Component 4: Table 5, page 3-17.
TABLE 5: LAND USE PLAN DISTRIBUTION
Land Use/Intensity Acres % of Total Area Remarks
Employment Center- High 2,400 18.8% 24 million square feet of floor
Intensity space
Regional Commercial - 380 2.97% 3.8 million square feet of floor
Medium Intensity space
Neighborhood Center- Low 80 .63% 800,000 square feet of floor
Intensity space
Residential- Mixed Intensity 5,150 40.2% Maximum population: 39,813
people and approximately
18,097 dwelling units
Limiting Site Factors- Lowest 4,040 31.6% All areas delineated are within
Intensity the 100-year floodplain or
have elements that obstruct or
are hazardous to certain types
of development.
Regional Park 750 5.8% Areas delineated as open
space.
Total 12,800 100%
Source: Weld County Department of Planning Services
Substantial Change
Component 5: Amendments at the request of the Department of Public Works.
1. Page 4-1, Paragraph 3, last sentence addition: All roads shall adhere to the standards set fork in
Section 10 of the Subdivision Ordinance.
2. Amendments to Page 7-2:
a. First Column, second item on list for Arterial Roads shall be deleted.
b. First Column, second item on list for Collector Roads shall be deleted.
c. Second Column, sixth item on list for Collector Roads shall be 1,025.
d. The Section name shall be changed to Local Roads.
e. The first paragraph under Local Road classification, second sentence shall have the word and
f. Second Column, fourth item on list for Local Roads shall be deleted.
g. Second Column, sixth item on list for Local Roads:
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.
Substantial Change Component 6:
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 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; 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.
RESOLUTION, Ordinance 147-Q
Weld County Comprehensive Plan
Page 5
Colorado Revised Statute§ 35-3.5-102 provides that an agricultural operation shall not be fourd 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 pri✓ate
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 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.
The following amendments shall be made to reference all current land-use planning documents used by staff
in reviewing applications.
Page 1-1 Second paragraph, last sentence:The basic documents used by Weld County to carry ou• the
goals and policies of the Comprehensive Plan are the Zoning, Planned Unit Development,
Mixed Use Development, Intergovernmental Agreements, and Subdivision Ordinances.
Page 1-1 The Planned Unit Development Ordinance is a subdivision mechanism used which prov des
greater flexibility than the Subdivision Ordinance.
The Mixed Use Development Ordinance 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.
Page 1-1 First column, last paragraph:
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.
Page 1-1 Second column, third paragraph, third sentence:
The Comprehensive Plan, Zoning, Planned Unit Development, Mixed Use Development,
Intergovernmental Agreements, and Subdivision Ordinances are the essential documents
describing the Weld County Planning review and decision making process. These documents
are adopted as ordinances in accordance with the Weld County Ordinance Procedure set forth
in Article III, Section 3-14 of the Home Rule Charter.
RESOLUTION, Ordinance 147-Q
Weld County Comprehensive Plan
Page 6
Page 1-2 First column, first complete paragraph, first sentence:
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.
Page 1-2 First column, second complete paragraph, first sentence:
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.
Page 2-2 Second column, third complete paragraph, second sentence:
Farmers and developers depend upon the consistent interpretation and administration o' the
Comprehensive Plan, Zoning, Planned Unit Development, Mixed Use Development,
Intergovernmental Agreements, and Subdivision Ordinances.
Page 3-11 First column, first paragraph, second sentence:
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.
Page 1-7 Second complete paragraph, third sentence:
The words, sex and ration shall be replaced with the words gender and ratio respective.y
The following shall :be amended to reflect current practice:
Page 3-2 First column, the addition of a third paragraph: The Urban Growth Boundary map is found in
this Ordinance.
The Urban Growth Boundary Map shall be modified to reflect the most current municipal and
MUD boundaries.
The following shall be amended to reduce the cost of County Code publication:
Page 3-14 First incomplete paragraph, first complete sentence:
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.
Page 3-15 Third complete paragraph, first sentence:
Land use components are delineated on Map#2.1, located in the MUD Ordinance.
RESOLUTION, Ordinance 147-Q
Weld County Comprehensive Plan
Page 7
Page 4-2 Table Six shall be removed. Page 4-1, Paragraph 3, last sentence: All roads shall adhere to the
standards set forth in Section 10 of the Subdivision Ordinance.
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.
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.
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.
WA. Policy 4.2
The developer shall incorporate all Flood Plain Management programs and studies into the rew
development plans. Weld County adopted the South Weld 1-25 Corridor Master Drainage Plan in Novemoer
of 1999 and all storm water designs within the Tritown and Godding drainage basins shall meet the techn cal
criteria of this report .
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of his
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify hat
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of VV eld
County, Colorado, adopted on July 18, 2000.
Dated the 18th of July, 2000.
Trisha Swanson
Secretary
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