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HomeMy WebLinkAbout910153.tiff AR2248052 ORDINANCE N0. 89-T IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING CERTAIN PROCEDURES, TERMS, REQUIREMENTS, AND REPEALING AND INCORPORATING BY REFERENCE CERTAIN WELD COUNTY FLOOD HAZARD OVERLAY DISTRICT ZONING MAPS AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE STUDY FOR WELD COUNTY. o OU BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, o COLORADO: O U WHEREAS, the Board of County Commissioners of Weld County, Colorado, 4 pursuant to Colorado statute and the Weld County Home Rule Charter, is O w vested with the authority of administering the affairs of Weld County, c) 3 Colorado, and 0Z "q WHEREAS, the Board of County Commissioners has the power and a authority under the Weld County Home Rule Charter and State Statute, Wincluding Article 28 of Title 30, CRS, to adopt zoning regulations for the y g unincorporated areas of the County of Weld, and .. w + WHEREAS, the Board of County Commissioners of Weld County, Colorado, i has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, y a establishing a comprehensive revision of the zoning regulations and zoning m U maps for unincorporated areas of the County of Weld, and has adopted y amendments in Ordinance No. 89-A through 89-S, and N H -4. H WHEREAS, said Ordinance No. 89, as amended, is in need of revision a and clarification with regard to procedures, terms, and requirements N 5 therein. u1 W • co e NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners N Z of Weld County, Colorado, that certain existing sections of said Ordinance N No. 89, as amended, are repealed and re-enacted, with amendments, and the various sections are added or revised to read as follows: U w W rx Add a new definition for Adult Business, Service, or Entertainment 1/40 VD Establishment to read: rnLn N O ti N ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT: Any • W business, service, or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition should not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code. Add a new definition for state of nudity to read: NUDE, STATE OF NUDITY: A person appears nude or in a state of nudity when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breasts below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. L^66c 910153 Page 2 RE: ORDINANCE 89-T - ZONING ORDINANCE Add a new Section 33.3.2. 14 to read: 33.3.2. 14 ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT subject to the provisions of Section 91. Amend Section 53.4.1 to read: 53.4. 1 The FW (Floodway) District includes land which is within the high hazard area of an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the channel of a river or other watercourse and the ADJACENT land areas O required to carry and discharge the largest part of c o the BASE FLOOD flow. The FW (Floodway) District is c\ O shown on the Official Weld County Flood Hazard Overlay N U District Zoning Maps. These maps were developed using Ca the Flood Insurance Study for Weld County, revised a September 28, 1990, prepared by the Federal Emergency o o Management Agency. The official Weld County Flood o Hazard Overlay District Zoning Maps correspond to the a W Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. O ✓ Amend Section 53.4.2 to read: W rig - 53.4.2 The Floodprone District includes all the land within x the INTERMEDIATE REGIONAL FLOODPLAIN which is outside w of the designated FW (Floodway) District on the tH U Official Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a lower N H hazard area which serves primarily as a storage area • F for the floodwaters of an INTERMEDIATE REGIONAL FLOOD. o m The Floodprone District zone classifications FP-1 and w FP-2 are shown on the Official Weld County Flood N W Hazard Overlay District Zoning Maps. These maps were o cx, developed using the Flood Insurance Study for Weld w Z County, revised September 28, 1990, prepared by the N Federal Emergency Management Agency. The official o Weld County Flood Hazard Overlay District Zoning Maps U correspond to the Flood Insurance Rate Maps included ain the Flood Insurance Study for Weld County. k.0 N Repeal the Weld County Flood Hazard Overlay District Zoning map that is N o the Flood Insurance Rate Map (FIRM) - Panel Number 080266-0975A. H N rx4 Adopt by reference the Flood Insurance Study for Weld County, revised September 28, 1990, prepared by the Federal Emergency Management Agency. Adopt by reference new Weld County Flood Hazard Overlay District Zoning maps that are the Flood Insurance Rate Maps (FIRM) Panel Numbers 080266- 0960D, 080266-0970D, and the Map Index 080266-0001-1075. All maps were revised September 28, 1990, by the Federal Emergency Management Agency. Adopt by reference a new Weld County Flood Hazard Overlay District Zoning map that is the Floodway Map Panel Number 080266-0014 revised September 28, 1990, by the Federal Emergency Management Agency. Page 3 RE: ORDINANCE 89-T - ZONING ORDINANCE Add a new Section 82.5 to read: Any person who violates any provision of Section 91 of this Ordinance commits a Class 2 petty offense and upon conviction thereof shall be punishable by a fine of $300.00 for each separate violation. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16- 2-201, C.R.S. , for any violation of Section 91 of this Ordinance. Add a new Section 83.2 to read: The Weld County Attorney, acting at the request of the Weld c Ov County Board of County Commissioners, or the District Attorney, o pursuant to Section 16-13-302, C.R.S. , may bring an action in M O the District Court for Weld County for an injunction against the V operation of an ADULT BUSINESS, SERVICE, OR ENTERTAINMENT q ESTABLISHMENT for repeat or continuing violations. o W 0 3 Add a new Section 91 to read: oa '} A 91 ADULT BUSINESS, SERVICE, OR ENTERTAINMENT a ESTABLISHMENT. O V -404 91. 1 No one under twenty-one (21) years of age shall be admitted to an ADULT BUSINESS, SERVICE, OR .. .a x ENTERTAINMENT ESTABLISHMENT nor shall any employee, a agent, servant, or independent contractor working on a the premises during hours when NUDE entertainment is rn V being presented be under the age of twenty-one (21) 2 years of age. N H E 91.2 NUDE entertainment shall only be available at ADULT o x BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT N a between the hours of 7:00 a.m. and 12:00 midnight, oMonday through Saturday of each week. o N z 91.3 An ADULT BUSINESS, SERVICE, OR ENTERTAINMENT N 4 ESTABLISHMENT shall be adequately buffered through the o use of facade treatment, LANDSCAPING, and fencing to ✓ a minimize negative impacts on commercial USES, a residential USES, public parks, churches, and public or private schools accredited by the State of Colorado rn which are present in the vicinity. Buffering H oN requirements shall be determined for the perimeter of Z G. the establishment on a case by case basis by reviewing the intensity of the establishment and comparing it to the type and location of surrounding land uses. For example, denser plantings and screening materials or more compatible facade treatment may be required between an ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT and a store or shop offering goods and services at retail. Page 4 RE: ORDINANCE 89-T - ZONING ORDINANCE 91.4 All outside lighting and signs shall be arranged, shielded, and restricted so as to prevent negative impacts and any nuisance on ADJACENT STREETS, property, commercial USES, residential USES, public parks, churches, or public or private schools accredited by the State of Colorado in the area. Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed to compel attention or flashing red, green, or amber signs located within 500 feet of an intersection are prohibited. Any sign located so as to conflict with the clear and obvious appearance of PUBLIC devices controlling public traffic is prohibited. to O o C) 91.5 No ADULT BUSINESS, SERVICE, OR ENTERTAINMENT et, O ESTABLISHMENT shall be operated or maintained within U 500 feet of any school or church property, measured Q from the closest property line of such school or c: 3 church property to the property line of the ADULT o BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT. o 0 hW Q p 91.6 No ADULT BUSINESS, SERVICE, OR ENTERTAINMENT U ESTABLISHMENT shall be operated or maintained within r+ a 500 feet of any residentially zoned or used property, u measured from the closest property line of the �+ x residentially used or zoned property to the property W line of the ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT. 01 L.) el 7. CN w 91.7 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT cr ESTABLISHMENT which engages in repeated or continuing o co Wviolation of these regulations shall constitute a el p public nuisance. For purposes of these regulations, in w "repeated violations" shall mean three or more c z violations of any provision set forth herein within a N 2 one-year period dating from the time of any violation. N 4 Any "continuing violation" shall mean a violation of 0 U any provision set out herein lasting for three or more W consecutive days. a l0 rn N ta o 91.8 Nothing in this Section 91 shall be construed to apply H N to the presentation, showing, or performance of any N W play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of a STATE OF NUDITY for the purpose of advancing the economic welfare of a commercial or business enterprise. Page 5 RE: ORDINANCE 89-T - ZONING ORDINANCE O 91.9 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT o U ESTABLISHMENT operating at the effective date of this ordinance in violation of Sections 91.5 or 91.6 shall n O be allowed to continue operating for an amortization U period of six (6) months. Six months after Section 91 0 of this Ordinance becomes effective, all ADULT o W BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENTS 0 3 shall comply with those sections or be subject to the o g penalty provisions set forth in Section 82.5 of this 2 Ordinance. O U aIf any section, subsection, paragraph, sentence, clause or phrase of this n ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the � x Wremaining portion. The Board of County Commissioners hereby declares that y a it would have passed the Ordinance, and each phrase thereof irrespective CA U of the fact that any one or more sections, subsections, paragraphs, �P 2 sentences, clauses, or phrases might be declared to be unconstitutional N W and invalid. 0 F o CO a N The above and foregoing Ordinance No 89-T was, on motion duly made an o W seconded, adopted by the following vote on the 22nd day of April, A.D. , cw 1991. � z `.4 c ,( BOARD OF COUNTY COMMISSIONERS o >, ATTEST: Adth WELD COUNTY, OLOR DO U a Weld County Clerk to the Board t o Gor e acy, rman N O M44 4P1gr1C to the Boas Bo.as4cd GeeoorJge Kennedy, Pro-Tem APPROVED AS TO FORM: ons ance L. Harbert �- O County Attor ey C. W. Kirby �( �0�t47 W. H. Webst r FIRST READING: March 6, 1991 PUBLICATION: March 28, 1991 SECOND READING: April 8, 1991 PUBLICATION: April 11, 1991 FINAL READING: April 22, 1991 PUBLICATION: April 25, 1991 Effective date: May 1, 1991 HEARING CERTIFICATION DOCKET N0. 91-08 RE: AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE ESTABLISHING ADULT ENTERTAINMENT REGULATIONS, AND INCORPORATING REVISED FLOOD INSURANCE RATE MAPS AND FLOOD INSURANCE STUDY FOR WELD COUNTY A public hearing was conducted on March 6, 1991, at 9:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby - Excused Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison The following business was transacted: I hereby certify that pursuant to a notice dated March 6, 1991, and duly published January 31, 1991, in The New News, a public hearing was conducted to consider amendments to the Weld County Zoning Ordinance establishing adult entertainment regulations, and incorporating revised flood insurance rate maps and flood insurance study for Weld County. Lee Morrison, Assistant County Attorney, made this a matter of record. Rod Allison, Current Planner, represented the Department of Planning Services. He asked the recommendation of the staff and two Resolutions of the Planning Commission be entered into the record as written. Mr. Morrison explained that the provisions being added in Ordinance 89-T are in accordance with the authority granted the Board. It does not prohibit, but establishes regulations on such things as location, and hours of business. He cited the case upheld in the Colorado Supreme Court for Adams County's regulation, which is the basis of ours. Mr. Morrison then read Ordinance 89-T into the record. Chairman Lacy asked for public comments to be limited to the content of the regulations. Clarence Johnson was the only member of the public to express his opinion. He asked the Board to consider a 1,000' limit between this type of structure and any school, church, or residence on surrounding property instead of 500' and to change or drop the word "entertainment". After discussion, the Board felt the closer they can stay to Adams County's regulations, the better it will be. Commissioner Kennedy moved to approve Ordinance No. 89-T on first reading. The motion was seconded by Commissioner Harbert, and carried unanimously. This Certification was approved on the 11th day of March, 1991. APPROVED: ATTEST: /V ' douet BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO Weld County Clerk to the Board By: (r Ste ( J Gor . Lacy haa,irman Deputy Clerk to the Board Ge9xge Ken _edy, Pro-Tem TAPE 1191-04 ( dL ZS--Zar..•-12--;1CVg Constance L. Harbert DOCKET 1191-08 Excused C. W. Kirby 0RD89 W. ebster 910153 oRDINAncWIda W* STATE OF COLORADO ) m .y,rr v We UI Section 9l.- S.S• 1 Section 55.E WI?Medway,I COUNTY OF WELD ) District bMhldes lad which is e '^ within the hasard of aaMTERMEDATE 1n, David B. Reynolds, being duly sworn, FR elitnrw9 'o L rivet or other wet rcourse and the ADJACENT says that he is publisher of RE Ms arcs W am amd The New News, a weekly newspaper REFEREEN��TAD Wen -BAS IAItte h.. Fw IF w)DWlld •ra cranny F on published in Keenesburg in said County O y HAZARD the ,of ty. C., Flood M aN U Wy [Nrlrkt Zab and State; that said newspaper has a EMERGENCY AND Maps Imece-'•m•pa oat' general circulation in said County AESGyGE1EJpNcuyRF .t. I,l„n`C 11`�e�giuTy"z�comigu:- and has been continously and BE IT ORD *� r!Y' tonmblr 18g� uninterruptedly published therein RRppA� .ma�D �Mamagement Agencythe . WCp1U1p1DS810 OF 1d during a period of at least ATITHAS,O�mas�ld Overlay Dytrici tiliui�iadg to the d hi fifty—two consecutive weeks prior to rCommissioners,x, ur�dt a o ` `> kfawlwudlahl statute and the Weld Cuuot). 6Wuranre.Stud) tw the first publication of the annexed RWe Charter,W v wi notice; that said newspaper is a ■uuwNo ni .CounWt! aex51° ° author and Weld County, Fkad prwM District the Wmd miithW Ilw: newspaper within the meaning of the e WHEREAS,the Board of Cumgdy IATE REGIO1�•AL Commissioners has the wer \whkA W dloodi of act of the General Assembly of the � fed. t&kadwa� authority umda tie We State of Colorado,. entitled "An Act s:Wu ° Artkale F�loaWathor`aiwlua aniay to regulate the printing of legal Tine 39 CCFLS,��`r�t rirtea� . k t` notices and advertisements," and `ara�aniN°n°ue�o� area ,wr, 'Ice serves WHEREAS,ike and amendments thereto; that the notice Commissioners Weld Rio D Colorado,has pre.'iuwly F wM District of which the annexed is a printed Ordinance No. 19, Weld F14 Zoning Ordinance, esW r o,hw w Weld copy taken from said newspaper, was cozoningmprehensive and F >Zoning � Overlay published in said newspaper, and in ',j�paq. � atloplod a W Ordir•ee tar eM the regular and entire issue of No.NA ss and , des r°v et a� every number thereof, e�Raww!AktlkB rMr •Veen''4rt� t.,<c1 oft,<c rcvislwn and c don 3 rwe to praaredmes,fermis, .aWy ��, Zating One@ a weak for enmenUU thercW. Ifai,a iacWdad W sr'r co"`•�e weeks; that said notice ORDAINED nmby Abe W.k+ersInsar"1ec°,,�e°s for was so published in said newspaper County,ca that Worm !oWyd�dDlpt4i Zwatfidig proper and not in any supplement N'�e,as an rsaid�ps� ita Mgio�j�° and re-enacted,with anMrdmenW Number FIRYI In thereof, and that the first aid the tamp:WAIF erq�e the or revised to s: Adopt b)' Irc WeYI Fkad publication of said notice as Add a new or Adnit rein= r�i aforesaid, was on the EntenabmMmd I'mihd't'�a'`, AA�dp,,,�� 1 Aa�Wi�a� O�ADULT B TASIh�%U Conhty Fkrod Raaard Overlay DW(rkl N÷ Y , 19 menFIRMI Fast N fu'<-r.1� �• Zoning a+t+tht.re der of I estabt�h Mena open lot the impuublic � � and the last on the �day of srATE W° �°,al was rlvWea s a 1°x`9 P tie Feedaeersi Emergency y.,4,1 CI 'sdeWulion�a1h not include aui' �°., fenNlgece•a mew Weld 9 entertainestabment where iM xh CommU' Flail tYaard OvaW>. eyabNdmMnts hold a valid iiquo Dihricl Zmioe map Norm W bd license pur;wW IU JIM u torso F •�!�p _�gSept�N�a Wr ua node odinWwCmfdc.aWM d I9N,OF the FWNadwai"Eoregeny tor t"read: �` NUDE,STATE de or in a : A •saw�S'�to rod' person aYp!•re nude o in a out°, of nudity' whit such perun W Subscribed and sworn t before u19fmmc�lolhed °r In suca attlrc• rwattale o clot a.a.T4.0 e M view aN'ora.11:L.rd tie auak OrlaBW be th •A, a me this ��day of he w m r anus,e�dM buttocks,mils. 0 ur gCUWW. 19..22-0 read:. a new Socha 33.12.19 to /� read.My Commission expires March 15,1° el.a aaokkaePa,.� • ADULT and w es le W1� X.;#"itMeiniM be punishable by NI ADJACENT OteiTAWNt...3�a 'e ter,enc...m 4w - cwmmmWer�eiW�l. ;aloe�aaWun t�to _ e pa charcaMs, ur puWk ur oma ms srti Wa gut prw°r`-ml "a dacMade a in truer;wi. udof s nRS.for {'violation of A Af O.N.m.wee to read: •' ubviuuslJ _. s `u' ttt.",. ,:. •79TH•at altontlaor rMe�p W' attBNae o 6e W the acOtyt y� amps�a� 1 iOdm, 5e t,cnNl' pruvWiau e!t forth bon CamCy' Ig C/cel)' feet of'an inMrse<tiun an Sec t 8d.5 ou this ordinance. Alonrorne eiW or, Sn:tion the lb ruhibited. Nq smarm located w as I If section, subsection,,. Chit; no ro r:nanflki wmW the clear wd ur 13308. )' " uWiwu of FL•g[.IC wB action in the DiatrMl Co tw dun=c rw�tlng public 4g!t �WaeellNdWtConniy fa MIctkw prohibited. ADULT BSERYI(� 91.5 No ADULT BO ESTABLISFAEAT oTA INI fur, E R•TERTAINMENT ESTA cvamlinWnr vgi�oWl�iona MEN1' stied e- re,t r Ail a neADDLte ti°n 91 Il Br :s "schoolmamt o onion NU icet,d a• Iwo the T xhwd o of such p �Egy� measured from taw ENTERTAINMENT Me oftaut se K a M STA h���Nwida lw dli and pOM�ADULT Uk ft ZI (n) )'are d ere afma ENTESERNRTALNMENT&STAB qdW b! 6e adnutted to a k�T BD YTCE, A+CCNEEe, ADT B • and foregoing •ter'Wag M. L1 TRTALCMEAT EST A - enrylo)'elAmenl, alnanl .91ENT hail be opera a ur uw v y indep nerve' cuntractw wwk�,,ww W' maintained within 509 feet Al or •A.D.188. -^f' the onuses 1.1% hoof Belo• resklentol0 retied -o `{receenteabee under the NO ccaMeatt kkrrn�teas)w'Mnwtru0f BYELD N®IS twentY-0e nl years of age, resldennath red or i rarTiam Won,99I1v.2 NUDE a rteire,I,y�y °per�ALT rule U' • ontance H•r6erl BUSIA•FSS VICE, Gil BUrL C.W.Kirby ENTERT♦,tii\MENT EN NMENT FSTAB W.H.Webster ESTABLISHMENT between llbkaa AT[ T -• hours of 7:80 e.ru. and if:w 81.7 Any AD�I,'iI,,7 Bl)SL\ Walr�DrlW Clerk N 1M Hord nilddm,,,W,�,,�� M lMuagh SE617CE OR EA"TERTAIA By: gatut.of eaclm wxt. FSTABLISHME\T w Deppot Clerk s.the SaN 91.3 An ADULT.BUSLNESSSERVICE, AFF�OVED AS TO FOAM:: apWwaagwaw ho rcgrrei o cunW ENTERTAMM, Ohs 1ioLmon.oI there regu nuisance.a Borne ada9w T 61mHered ti oah uM purposes iii them,. adieus ':�w�:Mara a 1N1 FSTAB ♦T oleo be aye loads trcaWMnt, rlpaaed v (ac[N Wrec ur more v union •X11, LA1iDSCAFING, and faxing to FL\ uuwuiac ncgalhe mmpacW won )ision self wNhttmc conmercel IiSFS. reaid°ntWi ,. .. A USES public parks churches and - en.S. public or private .1.1 sr [y pihreNe w•u�l .. . accredited b the State of cheer0reiinn.lasting lya w6 Ph !preaen t�m the sate der)'in A M viciColornity.- Ya .Wumlha ur ineicnttensiityeimmof '. " te 310' Ndra" Iwi,ceuun ut.1,1 Nwm:mmg�.1n.'x�.< M'cuuen mmaamm of Fur cxampk,denser4p Wingsid VwI�t�yarls�atacla5 _a'.Siindlir NOTICE OF PUBLIC HEARING Docket No. 91-08 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 A.M. , on Wednesday, March 6, 1991, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 916 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to the Weld County Zoning Ordinances as summarized below: Amend Sections 53.4.1 and 53.4.2 by changing "September, 1982" to "Revised September 28, 1990" in the text. Repeal the Weld County Flood Hazard Overlay District Zoning map that is the Flood Insurance Rate Map (FIRM) - Panel Number 080266-0975A. Adopt by reference the Flood Insurance Study for Weld County, revised September 28, 1990, prepared by the Federal Emergency Management Agency. Adopt by reference new Weld County Flood Hazard Overlay District Zoning maps that are the Flood Insurance Rate Maps (FIRM) Panel Numbers 080266-0960D, 080266- 0970D, and the Map Index 080266-0001-1075. All maps were revised September 28, 1990, by the Federal Emergency Management Agency. Adopt by reference a new Weld County Flood Hazard Overlay District Zoning map that is the Floodway Map Panel Number 080266-0014 revised September 28, 1990, by the Federal Emergency Management Agency. Section 10 - Establishes a definition for adult business, service and entertainment. Establishes a definition for state of nudity. Section 33.3.2. 14 - Allows adult business, service, and entertainment as a use by right, subject to certain additional requirements, in C-2 (General Commercial) zone district. Section 82.5 - Identifies enforcement procedures for adult business, service and entertainment in violation of the Weld County Zoning Ordinance. Section 83.5 - Identifies legal remedies available to enforce the provisions of the Weld County Zoning Ordinance for adult business, service, and entertainment. Section 91 - Establishes regulations for adult business, service, and entertainment establishments. All persons in any manner interested in the proposed amendment to the Weld County Building Code Ordinance are requested to attend and may be heard. Materials pertaining to the proposed amendment are available for public inspection in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10 Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol Harding, Deputy DATED: January 30, 1991 PUBLISHED: January 31, 1991, in The New News Page -2- Docket No. 91-08 NOTICE OF PUBLIC HEy4[NG pocket.NO.81a. • The Beard of Count. of Weld Coo C _ nil colWuet a .puWir STATE OF COLORADO ) ?r mm a, to ; the )s.5. of ii ati a�'CCwmt. COUNTY OF WELD ) Center, WI oar treelmanlat . Flew, Greeley, Colorado,'for the of considering. David B. Reynolds, being duly sworn, =watt to the Weld County Zoning Ordinances as summarized says that he is publisher of Amend. 53,4.1 and 53.4.3 The New News, a weekly newspaper "&p�v iber 26;,l-1982"am„' wta published in Keenesburg in said County tyke _� ) Flood and States that said newspaper has a b y Flood Insurance (FIRM)general circulation in said County (FIRM) - Panel and has been eontinously and N by ,ehra r • ywe wFlWuoa� uninterruptedly published therein, Study for WeldWm C1988' during a period of at least ic )' the Federal Adopt b3y reference efer Management nevi Weld fifty—two consecutive weeks prior to O Flood Hazard Overlay the first publication of the annexed IDict maps that are the Flood notice; that said newspaper is a F>pld) a"paaaatav the map newspaper within the meaning of the Index 080244 OLlu5...All maps act of the General Assembly of the ,1 . btae ruiad &Mani& 33 990, } the Fedez. l Eh Management Agency. State of Colorado,, entitled ' An Act Adopt by reference a new Weld to regulate the printing of legal County Flood HazardDistrict zoning i Overlay .t is the Floodwa b p Mist Number notices and advertisements, ' and 080x50014 revised sapten e�rnx, 1990, by the Federal 6n lc) amendments thereto; that the notice Management Agenc . Section 10 Establishes a of which the annexed is a printed definitidn of adult business, serv'il'e and entertainment. copy taken from said newspaper, was Establishes a definition for state of nudity. published in said newspaper, and in section 33.3.3.14 • Alows adult busheas, service, and the regular and entire issue of entertaimueul as a use b3,right subject to certain Witional every number thereof , Cmmnements'wnn C-2 (General rinse n i.5 - Identities eid busn rent proceduress for adult Of1Ce a W@Bk for cneness, t in vtotatya of the successive weeks; that said notice Weld Count Zoning O , nce. Section 83.5identifies legal was so published in said newspaper remedies available to enforce UK rovtsions of the Weld Count proper and not in any supplement yhn�'res, Oran snctice,or adult thereof , and that the first entertainment. Section Establishes publibl ication of said notice as regulations for adult business cation servrcc anal entartabmtent a aforesaid was on the estabSs)mennta Au. steweds i', '• e t�aexi )t).- CAii, sletl 111 o ruposfd 3I dd of v� 19 I ' BuNdtu� t Cun1c u Or WdY coat eY r r requested to attend and may be ? I . _Materials 'Attaining to 'tie.. and the last on the 3j_ day of wed amaudmom are av if for public utspection in the office of the Clerk to the C. Board of County Commissioners, located an the Weld County Centennial Center,815 10th Street, \ i Monday through Friday, Colorado, 00 A M. /� W 5:00 F.M. f'�'"/� BOARD OF COUNTS COMMIMIONERS WELD COUNTS,COLORADO BY: DONALD D.WARDEN WELD COUNTS CLERIC TO THE Subscribed and swo n o before BOARD BY: Carol Harding,Deputyp DATED: Januar) 30,1991 4-ame this day of ' .Cp Lu a Pnit Neu Nixs. UBLISHED January al. 1551 in 19 57 . • ivyint k it /IVs<,tiA... ..� ,.� • STATE OF COLORADO ) • )s.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a SOTTO%Or PUBLIC Pea general circulation in said County and has been con t i nous l y and The Weld County Planning Commission will hold a public hearing at 1:30 p.n. 119non Tuesday, January 22, 1991. in the County Commieatonen' Wearing 800n. uninterruptedly published therein, pint Floor, Weld County Centennial Center 915 Tenth Street. Greeley, during a period of at least Colorado• for the purpose of amendin^ the Weld County Toning Ordinance as summarized below: fifty-two consecutive weeks prior to s.rtlpm 10 • the first publication of the annexed notice; that said newspaper is a establishes a definition for adult business. aazvice and entertainment. newspaper within the meaning of the establishes a definition for state of nudity. act of the General Assembly of the State of Colorado,, entitled "An Act Section 3'.'.2'1` t0 regulate the printing of legal allows adult business, service, and entertainment as a use by right. aubj¢t to certain additional requirements• in the C-2 (General notices and advertisements, " and egmmerei.11 :one district. amendments thereto; that the notice Section 82.5 of which the annexed is a printed identifies enforcement procedures for adult business, service and entertainment in violation of the Weld County Zoning Ordinance. copy taken from said newspaper, was Scotism 03.5 published in said newspaper, and in the regular and entire issue of identifies legal remedies available to enforce the provisions of the Weld County Zoning ordinance for adult business, service, end every number thereof , entertainment. Section 91 once a week for I • establishes regulations for adult business, service, and entertainment successive weeks; that said notice establishments. was so published in said newspaper all persona in any manner interested an the proposed amendeents to the Weld County Zoning Ordinance are requested to attend and may be beard. proper and not in any supplement Materials pertaining to the proposed amendments are available for public thereof , and that the first inspection in the office of the Department of Planning Services, Sop: 342. g weld county Centennial center, 915 Tenth Street, Greeley, Colorado 80631 - publication of said notice as Phone - 156-4000. Extension 4400. aforesaid, was on the Jerry Kiefer, Chairman Weld County Planning Commission 3 day of , 19 j.___ To be published in the Pew News To be published ore (31 time by January 3, 1991 and the last on the 3 day of , 1 • Subscribed and s orn o before me this day of c4- ' i • � - U��425t -�1l % \V 192_ ,,,, �; � ,,a, 1 6 '.99' /�'Kuq t!:11 ^^ aanriRG en noittou V V STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed SW'S notice; that said newspaper is a or vog newspaper within the meaning of the �a act of the General Assembly of the �e.� a llo 4'roiliv �� State of Colorado, entitled "An Act scom+�iment,i��, to regulate the printing of legal nal=t n„...i notices and advertisements, " and o Thmeowso s as amendments thereto; that the notice new *Imps53.4.1 rdinance +°gy53.43 of which the annexed is a printed V, : �; lq'° copy taken from said newspaper, was Wei' weld c Tzt zoning published in said newspaper, and in m y sulaw)k7°s°rPod the regular and entire issue of n"� *+ ��¢s�nc.e me plod every number thereof , trr te,weW cou°' d tAgesgla once a week for i Iw lam WY successive weeks; that said notice ccooun 1% wad OWthe _ zaingm we was so published in said newspaper F ��iarlri proper and not in any supplement "{ o' thereof , and that the first were theren—teederal `�`" publication of said notice as "`,dam ° °"wMus aforesaid , was on the District ynx`ie1N: 38 rode �b day of C) 4---c, , 19 . , oOile�0mes�w° the �elt� U* e�to maa and the last on the D,0� day of Ne.. Pt of s $CCVtCBfi 1 (M• pAW�e °-C- , 19 1 0 csenetc`nnu wn��- J: Subscribed and sworn to before me this y of n , 19 ig �„� ;,p. tirsit .,,C) 4t*m,44....cJ MEMORAnDum Wilk Board of County Commissioners Date January 30, 1991 Carol Harding, Deputy Clerk to the Board / From — COLORADO Fm / ' Hearing Schedule Subject: If you have no objections, we have tentatively set the following hearings for the day of March 6, 1991, at ]x+96 A.M. ;ou Docket No. 91-07 Building Code Ordinance Amendments Docket No. 91-08 Zoning Ordinance Amendments The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS �G 2">"1474-=r Planning Commission Summary January 2.'_, 1991 Page 6 Item Number 6 - Amendments to the Weld County Zoning Ordinance establishing Adult Entertainment regulations. The Chairman called for discussion from the audience. There was none. Ann Garrison wanted to clarify that the reason the staff has come forward with this set of recommendations is due to the State of Colorado upholding similar regulations in other places. Lee Morrison replied that this was the case. He explained that the Statute dealing with adult entertainment engendered some regulations in various counties , including Adams County. The Adams County regulations were heard and found to be constitutional by the State Supreme Court within the last several months . Jean Hoffman commented that she was happy to see the Age 21 rule opposed to Age 18. Lee Morrison stated that this rule was consistent with Adams County Regulations and that was one of the reasons it was chosen. Rod Allison stated that the staff would recommend that the Planning Commission enter into the record the reasons for approval as well as the Ordinance , as written. Ann Garrison moved that the proposed amendments to Section(s) 10. 33. 82 , 10. 33. 83 and 10.33 .91 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commissions approval , based upon the staff's preparation of the document. Motion seconded by Judy Yamaguchi. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Ann Garrison - yes; Jean Hoffman - yes; Don Feldhaus - yes; Judy Yamaguchi - yes ; LeAnn Reid - yes; Bud Clemons - yes ; Jerry Kiefer - yes . Item Number 7 - Proposed amendments to the Weld County Zoning Ordinance incorporating revised Flood Insurance Rate Maps and Flood Insurance study for Weld County. Chuck Cunliffe explained that the staff had prepared a written recommendation for approval and asked they be incorporated into the record. He explained that these are changes that were made to the Flood Insurance Rate Maps and also a revised Flood Insurance Study. These are necessary for Weld County' s continued participation in the Flood Insurance Programs. The Chairman called for discussion from the audience. There was no one in the audience at this time. Bud Clemons moved that the proposed amendments be forwarded to the Board of County Commissioners with the Planning Commission' s approval. Ann Garrison seconded the motion. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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 proposed amendments to Sections 10, 33, 82, 83 and 91 of the Weld County Zoning Ordinance, establishing Adult Entertainment regulations, be recommended favorably to the Board of County Commissioners for the following reasons: 1. The existing Zoning Ordinance is in need of revision. The amendments will establish regulations for adult business, service and entertainment establishments. 2. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. Motion was seconded by Judy Yamaguchi. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Jean Hoffman Don Feldhaus Judy Yamaguchi LeAnn Reid Bud Clemons Jerry Keifer The Chairman declared the Resolution passed and ordered that a certified copy, with the proposed amendments, be forwarded to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Weld County Planning Commission, adopted on January 22, 1991. Dated the 23r of January, 1991 '1Ra � aryn Ruff Secretary MEMORAnDum Wilk Weld County Planning Commission January 22, 1991 To Date COLORADO From Department of Planning Services Proposed amendments to Sections 10, 33, 82, 8 and 91 of the Subject. Weld County Zoning Ordinance. The Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. The amendments will establish regulations for adult business, service and entertainment establishments. 2. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. PROPOSED AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE Add a new definition for Adult Business, Service, or Entertainment to read: ADULT BUSINESS, SERVICE, OR ENTERTAINMENT: Any business, service, or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition should not include any establishments offering such entertainment where those establishments hold a. valid liquor license pursuant to the Colorado Liquor Code or Beer Code. Add a new definition for state of nudity to read: NUDE, STATE OF NUDITY: A person appears nude or in a state of nudity when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breasts below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. Add a new Section 33.3.2.14 to read: 33.3.2.14 ADULT BUSINESS, SERVICE, OR ENTERTAINMENT subject to the provisions of Section 91. Add a new Section 91 to read: 91 ADULT BUSINESS, SERVICE, OR ENTERTAINMENT. 91.1 No one under twenty-one (21) years of age should be admitted to an ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment nor shall any employee, agent, servant, or independent contractor working on the premises during hours when NUDE entertainment is being presented be under the age of twenty-one (21) years of age. 91.2 NUDE entertainment shall only be available at ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishments between the hours of 7:00 a.m. , and 12:00 midnight, Monday through Saturday of each week. 91.3 An ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment shall be adequately buffered through the use of facade treatment, LANDSCAPING, and fencing to minimize negative impacts on commercial USES, residential. USES, public parks, churches, and public or private schools accredited by the State of Colorado which are present in the vicinity. Buffering requirements shall be determined for the perimeter of the establishment on a case by case basis by reviewing the intensity of the establishment and comparing it to the type and location of surrounding land uses. For example, denser plantings and screening materials or more compatible facade treatment may be required between an ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment and a store or shop offering goods and services at retail. 91.4 All outside lighting and signs shall be arranged, shielded, and restricted so as to prevent negative impacts and any nuisance on ADJACENT STREETS, property, commercial USES, residential USES, public parks, churches, or public or private schools accredited by the State of Colorado in the area. Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed to compel attention or flashing red, green, or amber signs located within 500 feet of an intersection are prohibited. Any sign located so as to conflict with the clear and obvious appearance of PUBLIC devices controlling public traffic is prohibited. 91.5 No ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment shall be operated or maintained within 500 feet of any school or church property, measured from the closest property line of such school or church property to the property line of the ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment. 91.6 No ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment shall be operated or maintained within 500 feet of any residentially zoned or used property, measured from the closest property line of the residentially used or zoned property to the property line of the ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment. 91.7 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment which engages in repeated or continuing violation of these regulations shall constitute a public nuisance. For purposes of these regulations, "repeated violations" shall mean three or more violations of any provision set forth herein within a one-year period dating from the time of any violation. Any "continuing violation" shall mean a violation of any provision set out herein lasting for three or more consecutive days. 91.8 Nothing in this Section 91 shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of tine arts, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of a STATE. OF NUDITY for the purpose of advancing the economic welfare of a commercial or business enterprise. 91.9 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment operating at the effective date of this ordinance in violation of Sections 91.5 or 91.6 shall be allowed to continue operating for an amortization period of six (6) months. Six months after Section 91 of this Ordinance becomes effective, all ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishments shall comply with those sections or be subject to the penalty provisions set forth in Section 82.5 of this Ordinance. Add a new Section 82.5 to read: Any person who violates any provision of Section 91 of this Ordinance commits a Class 2 petty offense and upon conviction thereof shall be punishable by a fine of $300.00 for each separate violation. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S. , for any violation of Section 91 of this Ordinance. Add a new Section 83.2 to read: The Weld County Attorney, acting at the request of the Weld County Board of County Commissioners, or the District Attorney, acting pursuant to Section 16-13-302, C.R.S. , may bring an action in the District Court for Weld County for an injunction against the operation of an ADULT BUSINESS, SERVICE, OR ENTERTAINMENT establishment for repeat or continuing violations. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that proposed amendments to Section 53 of the Weld County Zoning Ordinance, and the repeal and adoption of revised Flood Insurance Rate Maps and Flood Insurance Study for Weld County, be recommended favorably to the Board of County Commissioners for the following reasons: 1. The existing Zoning Ordinance is in need of revision. These changes are required for Weld County's continued participation in the Federal Flood Insurance program. 2. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. Motion was seconded by Ann Garrison. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Jean Hoffman Don Feldhaus Judy Yamaguchi LeAnn Reid Bud Clemons Jerry Kiefer The Chairman declared the Resolution passed and ordered that a certified copy, with the proposed amendments, be forwarded to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I , Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Weld County Planning Commission, adopted January 22, 1991. Dated the 23 day January, 1991 m� �� Sharyn F. Ruff Secretary MEMORAnDum IYi`,p Weld County Planning Commission January 22 , 1991 To Date COLORADO From Department of Planning Services Proposed amendments to Section 53 of the Weld County sutieor: Zoning Ordinance, repeal and adoption of revised Flood insurance Hate Maps and Flood Insurance Study for weld County. The Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. These changes are required for Weld County' s continued participation in the Federal Flood Insurance program. 2. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. PROPOSED ZONING ORDINANCE AMENDMENTS Amend Section 53 .4.1 to read: 53.4.1 The FW (Floodway) District includes land which is within the high hazard area of an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the channel of a river or other watercourse and the ADJACENT land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW (Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. These maps were developed using the Flood Insurance Study for Weld County_ revised: September 28, 1990, prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps corresponds to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. Amend Section 53.4.2 to read: 53.4.2 The Floodprone District includes all the land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the designated FW (Floodway) District on the Official Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a lower hazard area which serves primarily as a storage area for the floodwaters of an INTERMEDIATE REGIONAL FLOOD. The Floodprone District zone classifications FP-1 and FP-2 are shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. These maps were developed using the Flood Insurance Study for Weld County, revised September 28, 1990, prepared by the Federal Emergency Management Agency. The official Weld County Flood Hazard Overlay District Zoning Maps corresponds to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld County. Repeal the Weld County Flood Hazard Overlay District Zoning map that is the Flood Insurance Rate Map (FIRM) - Panel Number 080266-0975A Adopt by reference the Flood Insurance Study for Weld County, revised September 28, 1990, prepared by the Federal Emergency Management Agency. Adopt by reference new Weld County Flood Hazard Overlay District Zoning maps that are the Flood Insurance Rate Maps (FIRM) Panel Numbers 080266-0960D, 080266-0970D, and the Map Index 080266-0001-1075. All maps were revised September 28, 1990, by the Federal Emergency Management Agency. Adopt by reference a new Weld County Flood Hazard Overlay District Zoning map that is the Floodway Map Panel Number 080266-0014 revised September 28, 1990, by the Federal Emergency Management Agency. ADAMS COUNTY SHERIFF'S DEPARTMENT muv }",,,1 ' EDWARD J. CAMP d«+, e, ."(().1 [7 Sheriff �: 1901 E. Bridge St., P.O. Box 566 Field Operations Bureau:289-4335 Brighton, Colorado 80601-1937 4201 E.72nd Ave.,Commerce City,CO 80022 z. ADAMS COUNTY NUDE ENTERTAINMENT STUDY Inclusions : 1. Synopsis of study 2 . Newspaper articles of Colorado Supreme Court Ruling 3 . Adams County Nude Entertainment Ordinance" #1 _�F t.JiI Adams County ` 3�r:"4 a Sheriff's Department c i it ,r Edward J. Camp,Sheriff i.� " J.J.Long r .' �. somonm 4201 E. 72nd Avenue (303) 289-4335 a y, `; ', * „a, Commerce City, Colorado 1' 80022 f= .41:1'''r , ' l'.‘_41 1 y rfs≥ !�/ 1 �y' •l i 1, ,Sc::Y 1 ,, �+ p Sy�y�A„ A '(4 7-2-1 ,r i t - ADAMS COUNTY NUDE ENTERTAINMENT STUDY In order to offer support of the Nude Entertainment Ordinance , it was felt that several issues needed to be addressed: 1 . To determine the correlation , if any , between nude enter- tainment establishments and the attraction of transients . 2 . The correlation , if any , between nude entertainment es- tablishments and increased crime and noise . 3 . The correlation , if any , between nude entertainment es- tablishments and increased safety hazard to neighborhood residents and/or neighborhood children . And in order to testify to those matters , research needed to be performed to support the proposed correlations , if any . We also needed to be prepared to articulate any other findings that the research should yield and especially anything that developed having or showing any other correlation between nude entertain- ment establishments and functions relating to law enforcement . Therefore , a study was conducted . Adams County unincorporated area boasted six (6) adult bookstores (all but one offering live nude entertainment) , one ( 1) all nude ' pop shoppe ' , seven ( 7) massage parlors , eight (8) topless nightclubs (with liquor ' licenses) , and some six (6) nude ' rap ' , lingerie , modeling type studios . This made a total of twenty eight (28) locations that were involved in nude entertainment . Six representative locations were selected at randon represent- ing six different areas of the unincorporated portions of Adams County. Periodic checks were made at various times and on different days throughout April of 1988. This was done in order to make a determination of the numbers of transient patrons who were frequenting thses businesses but did not live in Adams County. License plates were noted and since Colorado issued all license plates based on county of residence , it was !a simple matter to determine the county of origin for patrons . The study clearly demonstrated that 76% of the patronage of these business- es were transient , meaning that they come from counties other than Adams County. Statistical information was gathered from Sheriffs Department records for the years 1986 and 1987 , a period of time in which there was no nude entertainment ordinance in effect . Tnis part of the study was confined to two areas of unincorporated Adams County which supported a larger than normal concentration of the businesses which catered to nude entertainment. The results of the second phase of the study are as follows : 1 . The area between 7200 N . Pecos and 7300 N. Pecos was select- ed because it contained two nude entertainment establiihments , a 7-11 store , a neighborhood tavern , three fast-food businesses , and a gas station. The statistical information determined that in 1986 , 24 crimes were reported from that area . 83% o£ them were attributed to the two nude entertainment establishments , 38% were for alcohol related offenses , 42% of them occurred at the address of one particular all nude establishment. Lastly , 64% of these crimes occurred during hours other than those be- -1- tween the hours of 1600 to '.2400 hours . In 1987 , a total of 28 crimes were reported from the same area. 93% of them were also attributed to the two nude entertainment establishments , 50% of them being for alcohol related offenses , 77% of them occurring at one particular nude entertainment establishment . Lastly , 22 of these offenses occurred on the same side of the street as the two nude entertainment businesses and 90% of those crimes were reported from those two businesses alone . 61% of those crimes were during hours other than between 1600 and 2400 hours . 2 . A further statistical analysis was done on Federal blva. between the 5600 block and the 6700 block , an area which held three adult bookstores , two topless nightclubs , 1 neighborhood bar , 1 liquor store , and 1 3 . 2 beer outlet . During 1986 , 55 crimes were reported as compared to 63 crimes in 1987 , a 15% increase . In 1986 , 29 of those crimes were liquor related and in 1987 , there were 41 liquor related offenses reported , a 41% increase over 1986 . The trend was demonstrating an increase in reported criminal activity. 3 . At 1661 W . 64th , a fairly rural and isolated section of the county which was the location of a prominent topless night- club , 13 crimes were reported in 1986 as opposed to 18 crimes in 1987 , a 39% increase here as well . !986 and 1987 showed a dramatic increase in nude entertainment establsihments opening for business . The increases in crime that was documented and the increase in alcohol related offenses and the increased transiency of the patronage for these business- es all seemed to have direct correlation one with the others . It was clear that the attractant to . these businesses was quite simply nude entertainment . This clearly established that the local neighborhoods would have cause for alarm. Criminal history checks of some of the arrestees from a good portion of the arrests made at these businesses for a variety of crimes included prior arrests for morals crimes , sexual assaults , many alcohol related arrests , and crimes of violence . Further, a statistical look at armed robbery over the two year period on the eleven block study area of N . Federal showed that 66% of all :reported robberies took place at the three adult bookstores . And seven homicides were recorded between 1977 and 1987 which were directly attributable to adult bookstores and nude entertainment establishments . The study clearly demonstrated that nude entertainment establish- ments were an attractant to a class of patronage which was very much undesirable to the good citizens of Adams County and repre- sented a very real danger to the safety of the nearby residential citizenry and an undesirable image/model for youth and the comm- unity at large . The rise in crime was clearly demonstrated as was the rise in violence attributed to that crime rise . Adams County Sheriffs Department officers testified to the results of this study before an Adams County District Court . The officer was accepted as an expert witness on police investigative tech- niques and was allowed to testify to his opinion of the effects of crime in those specific neighborhoods and its correlation to the nude entertainment establishments at those locations . The Nude Entertainment Ordainance was .passed and was kept fairly simplistic . Ultimately , agents representing the Nude Entertain- ment community challenged the ordinance and it went to the Colo- rado .Supreme Court which upheld the right of the County to -2 regulate and control nude entertainment . The enactment of the Nude Entertainment Ordinance has dramatically reduced the number of nude entertainment businesses in Adams County. At the present time , only 14 establishments continue to operate . Five o£ those businesses operate under liquor licenses which provide the controls and regulations for their specific type of nude entertainment. Three of those numbers involve massage parlors who refuse to license as such and are facing Special Proceeding Filings as Class 3 and 4 Public Nuisances for failure to comply , and are also being eyed for violations of the Nude Entertainment Ordinance . One other business is currently facing a Special Proceeding as a Class 3 and 4 Public Nuisance for violating the Nude Entertainment Ordinance . Since the Colorado SupemeCourt ruling , nude entertainment has been reduced within Adams County . Some businesses who were sell- ing sex for money under the guise of ' nude entertainment ' , have closed their doors and moved on . Few seem willing to comply with the regulations established and continue in various forms to attempt challeges in order to gain time . The constitutionality challenge to the Ordinance prevented adequate enforcement for a; considerable period of time , but is now beginning to take effect . The ultimate goal is to reduce crime and its impact on the local community and to control those factors which act as ' attractants ' to those elements which cause crime . That is now beginning to take place in Adams County. Sgt. Long Special Investigation Section Detective Division Adams County Sheriffs Department Adams County Colorado -... Wed.,Oct. 10, 1990 Rocky Mountain News lo .Controls on nude dancing upheld kor =High court rules county can regulate location, hours of operation By John Sanko "Terrific — really terrific the ordinance is within the consti- Rocky Mountain News Staff writer news," said Adams County Attor- tutional power of Adams County," + ney Robert Loew after learning of former Chief Justice Joseph Quinn -IT Adams County commissioners the high court's ruling. wrote for a unanimous court.- can't force clothes on naked danc- He said it would give county Denver attorney Michael Gross, ers at liquorless nightclubs, but commissioners the authority they who represented an intervenor, 7 they can tell them when and where need to oversee so-called "pop Burkey Management Inc., in the they can do their strip-teases, shops,"which began cropping up a lawsuit, said the "really frighten- 1 €bumps and grinds. - few years ago after liquor codes ing"aspect about such ordinances ' 6;„The Colorado Supreme Court banned total nudity at bars. is that governments can determine Y ruled yesterday the county wasn't "We haven't gone out to look at what nudity they find OK. ,,violating anyone's constitutional other places to see who was in "That's the most outrageous t i rights in clamping down on nude conformity because that ordinance part of the whole thing," he said. ;, entertainment at nightclubs. was enjoined from enforcement, It's government deciding what is To be sure, free speech is a but we will now,"Loew said, artistic." fundamental right guaranteed by The law, which Adams Count Count officials said there were both the United States and Colors- commissioners adopted after nu lent of spots where nude enter- do constitutions, but not all forms P plenty Po of expression involve constitution- merous complaints from area resi- tainment establishments could lo- ally protected speech," the high dents, banned anyone under 21 cate with no special permit — 10 court said. from entering or working at the square miles of industrial-zoned "Public nudity in and of itself, all-nude nightspots. property — and 1,100 square for example, is subject to govern- It also limited nude entertain- miles of agriculturally zoned prop- mental regulation.' ment to the hours of 4 p.m. to erty where a conditional use per- .. The ruling overturned Adams midnight and banned such estab- mit could be granted. County District Judge Michael lishments within 500 feet of any Pecos Junction owner Paul Bek- Obermeyer, who struck down the residential property, school or kela could not be reached for com- county's 1988 ordinance on church. Violations would be pun- ment.At a hearing on his civil suit grounds it was an unconstitutional ishable by a $300 fine and county challenging the law, he argued he infringement of free speech. The officials could shut down any facili- would not be able to afford to move i ruling came in a suit filed by Pecos ty that had three or more viola- into an industrial or agriculturally ?. Junction,7250 Pecos St.,after the tions in a year. zoned area, and would not be able law was enacted. "There can be no question that to make a profit. TIIE METRO SCENE/A closer took i* o w :(\(:Htit ARAM • � � 1J U I Ir t , 4,, ,.._ Tr. � _ _ _ • El 11 _ fiLi _ , bTATE dew) r-4 — i4 \ `f � ''t Grp i ______, \----Th .1 - Last dance Court gives nod to nudity ordinance By Tustin Amole I CI —N-9° P "I The suit also claimed the law unfairly singles out nude Rocky Mountain News Staff Writer `:.entertainment establishments and does not affect other forms of nudity such as movies,plays and museums. In Adams County, it's not what you wear, it's when and "It's,frightening to think that one group of adults can where you don't wear it that counts. dictate to another group of adults what they can view," Last week the Colorado Supreme Court reversed a Schviartisaid. " district court ruling and said zoning ordinances used to But the Supreme Court found that the statute didn't curtail all-nude nightclubs are constitutional, despite re- violate freedom of speech because it didn't ban nude strictions on the age of patrons, hours of operation and dancing altogether and didn't "unreasonably inhibit the locations, presentation of nude dancing in Adams County." The ruling may be the first such in Colorado, but it's . Adams County District Attorney Jim Smith said the another in a national trend of the use of zoning restrictions zoning ordinances are the only way to regulate the so- instead of obscenity statutes to regulate certain activities. called "pop shops" like Pecos Junction. The state liquor c785O56 sGOK:3394 f t€,E911 STATE OF COLORADO ) DEC Z 3 SO PH '07 ) ss . COUNTY OF ADAMS ) !8505& At a regular meeting of the Board of County Commissioners for Adams County , Colorado, held at the County Administration Building in Brighton on Monday , the 30th day of November , 1987 , there were present: Leo M. Younger , Commissioner Chairman Steven E. Cramer , Commissioner Harold E . Kite , Commissioner Charlie Siner , County Attorney Wilma Thatcher , Clerk of the Board when the following proceedings, among others were held and done, to-wit: ORDINANCE NO. 1 BOOK3394 fAGE912 ORDINANCE NO. 1 NUDE ENTERTAINMENT ORDINANCE WHEREAS, there are a significant number of establishments in the unincorporated portion of Adams County in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments ; and, WHEREAS, many of those establishments do not hold liquor licenses and consequently are not subject to the regulations imposed on nude entertainment by the liquor code; and, WHEREAS , such establishments of this nature adversely impact the residential neighborhoods in which they are located; and, WHEREAS, these adverse impacts include attraction of transients , parking and traffic problems , increased crime and noise, decreased property values , increased safety hazards to the neighborhood children , and overall deterioration of neighborhood quality; and WHEREAS, it is the intent of the Board of County Commissioners to serve a substantial government interest by attempting to preserve the quality and vitality of residential neighborhoods in Adams County; and , WHEREAS, alternative avenues of communication are not unreasonably limited for "speech" of this nature; and, WHEREAS , the Colorado State Legislature has enacted Section 30-15-401( 1 ) (1 ) (I ) , C.R.S. ; and , WHEREAS, Section 30-15-401( 1 ) ( 1 ) ( 1 ) , C.R. S. , authorizes the Board of County Commissioners to adopt by ordinance those regulations necessary for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining such establishment ' s patrons . NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Adams County, State of Colorado, that operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments shall be subject to the following regulations: ( 1 ) These regulations shall apply to any establishment open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establish- ments , hereinafter referred to as "Nude Entertainment Establishments . " However, these regulations shall not apply to any liquor licensed establishments offering nude enter- tainment as such establishments are already subject to stringent regulation under the Colorado Liquor Code. -1- BGGK,3394 F„cE913 (2 ) A person appears in a "state of nudity" when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks , vulva or genitals . ( 3 ) No one under 21 years of age shall be admitted to any Nude Entertainment Establishment. This minimum age limitation also applies to any employees , agents , servants or indepen- dent contractors working on the premises during hours when nude entertainment is being presented. ( 4 ) Nude entertainment shall only be available at Nude Entertainment Establishments from the hours of 4 :00 p.m. to 12 : 00 midnight, Monday through Saturday of each week. ( 5 ) No Nude Entertainment Establishment shall be operated or maintained within 500 feet of any residentially zoned or used property, measured from the closest property line of such residential property to the property line of the Nude Entertainment Establishment. ( 6 ) No Nude Entertainment Establishment shall be operated or maintained within 500 feet of any school or church property, measured from the closest property line of such school or church property to the property line of the Nude Entertainment Establishment. ( 7 ) Any Nude Entertainment Establishment operating at the effective date of this ordinance in violation of parts (5 ) or ( 6 ) above shall be allowed to continue operating for an amortization period of six ( 6 ) months . Six months after this ordinance becomes effective all Nude Entertainment Establishments must comply with parts ( 5 ) and ( 6 ) above or be subject to the penalty provisions set forth herein . ( 8 ) Except for the amortization period set forth in part ( 7 ) above, each day of operation in violation of any provision of this ordinance shall constitute a separate offense. ( 9 ) Any person who violates any provision of these regulations commits a class 2 petty offense and upon conviction thereof shall be punishable by a fine of $300 for each separate violation . ( 10 ) Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201 , C.R.S. , for any violation of this ordinance. -2- BOOK3394 FALE915, ( 11 ) Any Nude Entertainment Establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regula- tions "repeated violations" shall mean three or more violations of any provision set out herein within a one ( 1 ) year period dating from the time of any violation , and a "continuing violation" shall mean a violation of any provi- sion set out herein lasting for three or more consecutive days . ( 12 ) The District Attorney, acting pursuant to Section 16-13-302 , C.R. S. , may bring an action in the District Court for Adams County for an injunction against the operation of such establishments in a manner which violates any of the provisions set out herein . ( 13 ) This ordinance shall become effective January 5 , 1988 . ( 14 ) If any provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not invalidate this ordinance in its entirety, and to this end the provisions of this ordinance are declared to be severable. ( 15 ) Any nude establishment operating before the effective date of this ordinance shall comply with every provision of this ordinance on the effective date except as set forth in Number 7 above . BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADAMS, STATE OF COLORADO LEO M. YO GER, Chairman N-3O-g7 DATE -3- BOA394 F914 CERTIFICATE OF ATTESTATION STATE OF COLORADO ) ) ss . COUNTY OF ADAMS ) I , William Sokol , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County , now in my office. This Ordinance was published in full in a newspaper of general circulation in Adams County at least ten ( 10 ) days prior to its adoption; to wit, Thornton/Northglenn Sentinel , on November 12 , 1987 . Said Ordinance was introduced and read in full at a regular meeting of the Board of County Commissioners of the County of Adams , State of Colorado, on November 23 , 1987 . Said introduction and reading was held prior to the adoption of said Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton , this ,..9eW day of '72c-v-- , 1987 . istlitiorat% e •�'** WILLIAM SOKOL • SE County Clerk and ex-officio Clerk of the ecil Board of County Commissioners �w by r Luc t✓ v�, �^ Deputy FLOOD 'MI )1\ iNsuR , NcE _ STUDY � y J• • ' a i nT !r WELD COUNT r4 COLORADO UNINCORPORA D AREAS AND TOWN OF E ON, i COLORADO WELD COUNTY =� n�q I REVISED:SEPTEMBER 2 990 Aa. AN I �3� a �� i Fede `'1 Emergency Mana ment Agency �o ��, -7/ COMMUNITY NUMBER 06a 6 - NOTICE TO FLOOD INSURANCE STUDY USERS Communities participating in the National Flood Insurance Program have established repositories of flood hazard data for floodplain management and flood insurance purposes. The Flood Insurance Study may not contain all data available within the repository. It is advisable to contact the community repository for any additional data. TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 1.1 Purpose of Study 1 1.2 Coordination 1 1.3 Authority and Acknowledgments 2 2.0 AREA STUDIED 2 2.1 Scope of Study 2 2.2 Community Description 4 2.3 Principal Flood Problems 6 2.4 Flood Protection Measures 9 3.0 ENGINEERING METHODS 9 3.1 Hydrologic Analyses 9 3.2 Hydraulic Analyses 11 4.0 FLOODPLAIN MANAGEMENT APPLICATIONS 15 4.1 Floodplain Boundaries 15 4.2 Floodways 16 5.0 INSURANCE APPLICATION 17 5.1 Reach Determinations 18 5.2 Flood Hazard Factors 18 5.3 Flood Insurance Zones 30 5.4 Flood Insurance Rate Map Description 31 6.0 OTHER STUDIES 31 7.0 LOCATION OF DATA 35 8.0 BIBLIOGRAPHY AND REFERENCES 35 i TABLE OF CONTENTS (Cont 'd) FIGURES Page Figure 1 - Vicinity Map 3 Figure 2 - Historic Flooding 7 Figure 3 - Historic Flooding 7 Figure 4 - Historic Flooding 8 Figure 5 - Floodway Schematic 18 TABLES Table 1 - Summary of Discharges 12 Table 2 - Floodway Data 19 Table 3 - Flood Insurance Zone Data 32 EXHIBITS Exhibit 1 - Flood Profiles South Platte River Panels 01P-10P U.S. Highway 34 Levee Overflow Channel . . . . Panels 11P-12P Cache La Poudre River Panels 13P-18P Sheep Draw Panels 19P-24P Ashcroft Draw Panels 25P-31P Eaton Draw Panels 32P-35P Tri-Area Drainageway Panels 36P-41P Tri-Area Drainageway Overflow Channel Panel 42P Big Thompson River Panels 43P-53P Coal Creek Panels 54P-55P Exhibit 2 - Flood Boundary and Floodway Map Index Flood Boundary and Floodway Map PUBLISHED SEPARATELY Flood Insurance Rate Map Index Flood Insurance Rate Map ii FLOOD INSURANCE STUDY TOWN OF EATON AND WELD COUNTY, COLORADO 1.0 INTRODUCTION 1.1 Purpose of Study This Flood Insurance Study revises and updates a previous Flood Insurance Study/Flood Insurance Rate Map for the unincorporated areas of Weld County and the incorporated areas of the Town of Eaton, Weld County, Colorado. This information will be used by Weld County and the Town of Eaton to update existing floodplain regulations as part of the Regular Phase of the National Flood Insurance Program (NFIP). The information will also be used by local and regional planners to further promote sound land use and floodplain development. In some states or communities, floodplain management criteria or regulations may exist that are more restrictive or comprehensive than the minimum Federal requirements. In such cases, the more restrictive criteria take precedence and the State (or other jurisdictional agency) will be able to explain them. 1.2 Coordination The identification of initial areas requiring detailed study was done at a meeting attended by personnel from the study contractor, FEMA, and the Weld County Planning Department on April 22, 1976. The U.S. Army Corps of Engineers (COE), Omaha District, provided floodplain data on the Cache La Poudre River and the South Platte River for use in preparing this Flood Insurance Study. The results of the original study were reviewed at final coordination meetings held on December 20, 1978, for Weld County and on January 8, 1979, for the Town of Eaton. Attending the meetings were representatives of FEMA, the study contractor, Weld County, and the Town of Eaton. No problems were raised at these meetings. Further flood hazards exist along Coal Creek south of the Union Pacific Railroad within the Town of Erie and Weld County. On October 6, 1987, a meeting was held between representatives of FEMA, the Town of Erie, and the U.S. Department of the Interior, Bureau of Reclamation to discuss the detailed analysis of these flood hazards. The town provided maps, which were used in the analysis. In addition, the U.S. Soil Conservation Service (SCS) , U.S. Geological Survey (USGS), COE, and Colorado Water Conservation Board (CWCB) were contacted for pertinent information regarding flood hazards within the Town of Erie and Weld County. The SCS provided a copy of their Flood Hazard Analy .s, "Coal Creek and Rock Creek, Boulder, and Weld Counties, Colorado," dated October 1976. The SCS also provided hydraulic backwater computer model input data for Coal Creek near Erie. The USGS provided copies of Flood Prone Area Maps for the study area. The COE indicated that they had no pertinent technical information that could be included in the Coal Creek study. The CWCB provided a copy of the Technical Addendum, "Floodplain Information, Flood Control and Floodplain Management Plan for Coal Creek at Erie, Colorado," prepared by Water Resource Consultants, Inc. (WRC), dated August 1980. The addendum contained copies of the HEC-2 computer modeling for a portion of the study area. Robinson Engineering, Inc. (REI), was contacted in response to a recommendation from the Town of Erie. REI provided detailed topographic mapping for a portion of this study area. 1.3 Authority and Acknowledgments The source of authority for this Flood Insurance Study is the National Flood Insurance Act of 1968, as amended. The initial hydrologic and hydraulic analyses for the major sources of flooding were performed by Gingery Associates, Inc. , for FEMA, under Contract No. H-4017. This work, which was completed in December 1977, covered all significant flooding sources affecting Weld County and the Town of Eaton at that time. The hydrologic and hydraulic analyses for the Big Thompson River were performed by the COE, Omaha District, in the Flood Plain Information Report dated February 1978. The hydrologic and hydraulic analyses for Coal Creek, south of the Union Pacific Railroad, were performed by the U.S. Department of the Interior, Bureau of Reclamation for FEMA, under Contract No. EMW-87-E-2551. This study was completed in August 1988. 2.0 AREA STUDIED 2.1 Scope of Study This Flood Insurance Study covers the unincorporated areas of Weld County and the incorporated areas of the Town of Eaton, Weld County, Colorado. The area of study is shown on the Vicinity Map (Figure 1). The incorporated Cities of Evans, Fort Lupton, Greeley, Gilcrest, and the incorporated Towns of Ault, Dacono, Erie, Firestone, Frederick, Garden City, Grover, Hudson, Johnstown, Keeneburg, Keota, Kersey, La Salle, Mead, Milliken, Nunn, Pierce, Platteville, Raymer, Rosedale, Severance, and Windsor were not included in the study. The Pawnee National Grasslands was not studied. 2 ��4 k 4 I- F y ter: _ _�� I y, ;� L 'P I. s1 Lu IbL - - 1. - I t' c4 ,}- - 1 1 I R EA ;V I l3.? r .a i �` �� _I - '�• '+ _ 'i I. - - - � — . �.r^I z� i1 I`L\ iI 6 ,. ,r. — � - �,, I�1 , - '- I .-- f �, N t i N[ —, i 7 —1 7 - �- - -� — fi% ¢ aa ¢ d 4_ I , ,LI a i 3 �� r 0 c J i1i 1 e I __-. yr"'.�-� s _ 1�- 1� � I , A. / + sr1" ` �s a .mo t i ' 5 0 _ ^ w _ f m ! s 11 - n1 If a _ e I - "\ za J:^ 4 x F- - O t A � s3�u.ati,,.b� n�,- X r 1 t t f a^ Q _ l^ _ 1 s` _ k f _.�. . zi ,� -,y 1t � f (�1X L,_.. I g44-L 1� I, � - II‘ 1 Ti a i ..k p - I _.. a C t.x p _ , � J vl1l�>� � I, �� ,i.., go � ₹ a— r I ' ug ail• .I...-. .' L - F y e t 3 3 9 ' �5 ..l T ` 0 .e Q r , . �r ,� o 1)//'"'� , 4 -e_ y --� naos I '.- ' } L • U m 1151 r l I ; 3� �9 _ ty 1 W z . ct e�� g W _ '�'� t Y' �n jJ 4 ,�y ''" e_ a N c=iex a ._ s f lr 'C{V w W R r - .. ._ Q -f.. eCC 'iI a`L1 le.9 L f 1i- , , � sf I .�' ' ..may l� -y p o sV '` I 1 •} " ��a � x � �. 3 J z V � , I� ` ` 'I. �' ( t `I Lei 1 w l0 O ,�, b s 'b' \A g r le , \ aE A C7 J Z ir .� cr ,, �x a Lc¢ W, , A , ._ ,y ! °, L 3 e z a-fie 1 "jab i $}I s i c I Q w y 5 r I = a m O k 'I t 1 3 _r ‘ p Yd Z . LL W i x .1/a L f ao d+ L, ij� k 0' CM R I . FIGURE 1 The following streams were studied by detailed methods: South Platte River, U.S. Highway 34 Levee Overflow Channel, Cache La Poudre River, Sheep Draw, Ashcroft Draw, Eaton Draw, Tri-Area Drainageway, Tri-Area Drainageway Overflow Channel, Coal Creek, and the Big Thompson River. Those areas studied by detailed methods, with the exception of Coal Creek, were chosen with consideration given to all proposed construction and forecasted development through 1982. Approximate studies were done on the Cache La Poudre River and the South Platte River in areas of Sparse development and on Idaho and Crow Creeks. 2.2 Community Description Weld County is located in northeastern Colorado and is bounded by Wyoming to the north, Logan and Morgan Counties to the east, Adams County to the south, and Boulder and Larimer Counties to the west. Gently rolling hills form the terrain in Weld County, and primary land use is for irrigated crops and cattle grazing. The major industries in the county are cattle feedlots, meat processing plants, and sugar beet processing plants. The population of Weld County was 123,438 according to the 1980 census (Reference 1). The climate in Weld County is typical of the eastern plains of Colorado. The average annual precipitation throughout the county is approximately 12.3 inches, and the mean annual temperature is approximately 48° F (Reference 2). The South Platte River detailed study reach is approximately 8.7 miles long. The river flows northeast in a relatively well-defined channel from 300 to 600 feet wide and from 6 to 8 feet deep. The channel, typically braided, is situated in a broad, shallow floodplain ranging in width from 3,000 to 5,000 feet. Its sandy streambed slopes at approximately 7 feet per mile throughout the study reach. Coverage on the floodplain includes cottonwood trees near the banks and row crops and pastureland elsewhere. Residential development is sparse outside of the incorporated areas. The primary underlying soil types are of the Fluvaquents- Fluvents association, which are deep and poorly drained (Reference 3). The U.S. Highway 34 Levee Overflow Channel parallels the South Platte River and U.S. Highway 34, extending approximately 0.87 mile. Flooding in this area is controlled by the South Platte River. The Cache La Poudre River study reach is approximately 14.8 miles long with a channel gradient of 7.3 feet per mile. The river flows in a southeasterly direction through the county. The development within the floodplain consists of agriculture-related building outside of the incorporated areas. The soil types within the Cache 4 La Poudre River floodplain are also of the Fluvaquents-Fluvents association (Reference 3). Sheep Draw flows in a northeasterly direction to its confluence with the Cache La Poudre River. The length of the study reach is approximately 5.2 miles. Topography in the basin consists of gently rolling hills, with basin slopes varying from 1 to 3 percent. The primary land use in the basin is for irrigated croplands and pastures. The major soil types in the basin are of the Ascalon-Olney-Vona, Weld-Andena-Colby, and Fluvaquents-Fluvents associations (Reference 3). The Ashcroft Draw study reach, approximately 3.2 miles long, flows southeast to its confluence with the South Platte River, approximately 3 miles southwest of the City of Greeley. Basin slopes range from approximately 3 percent in the lower reaches to over 8 percent near the headwaters. Most of the basin is utilized as irrigated cropland, with a small portion devoted to rangeland and urbanized areas. The major soil types in the Ashcroft Draw basin are of the Ascalon-Olney-Vona association (Reference 3). The Eaton Draw study is comprised of two areas, one near the confluence of the Cache La Poudre River (1.61 miles long) and one near the Town of Eaton (2.08 miles long). In February 1978, the Town of Eaton annexed a part o£ Weld County along Eaton Draw containing floodplains. Eaton Draw flows south in a long, narrow basin between the Town of Nunn and the City of Greeley. The basin width varies from 1 to 3 miles, and the basin slopes vary from 2 to 5 percent. Most of the basin is used as irrigated cropland and pasture. Natural grasses and sage brush form most of the ground cover. The major soil types in the basin are of the Nunn-Dacono- Altvan, Ascalon-Platner-Stoneham, Renohill-Shingle, Weld-Adena- Colby, and Kim-Otero associations (Reference 3). The Tri-Area Drainageway (Frederick-Firestone-Dacono drainage basin) flows north through the Town of Dacano, Frederick, and Firestone to its confluence with the St. Vrain River. The portions of the drainageway outside of the towns' corporate limits are included in the study. Basin slopes range from 1 to 2 percent and channel slopes vary from 0.4 to 1.0 percent. Land use in the basin is approximately 90 percent agricultural and 10 percent urban. The spoil types are of the Weld-Adena-Colby, Platner-Ulm-Renohill, and Ascalon-Olney-Vona associations (Reference 3). The Big Thompson River study reach is approximately 12.4 miles long. The river flows in a general easterly direction to its confluence with the South Platte River about 5 miles southwest of Greeley. The 100-year floodplain width varies from a minimum near 350 feet to a maximum near 3,500 feet with an average of 1,750 feet. The streambed has an average slope of 8 feet per mile through the study reach. The channel is alluvial and meanders through a u-shaped valley. The major portion of the floodplain in the study reach is in agricultural use. Few buildings of any type 5 exist on this floodplain. Those that do exist are primarily agriculturally oriented. 2.3 Principal Flood Problems Flooding along the South Platte River normally occurs between May and August, with the most frequent flooding occurring in June. Floods can result from intense local rainfall, as in 1965, or general rainstorms lasting several days, as in 1969 and 1973. Both types of flooding may be augmented by snowmelts. Floods on the South Platte River have occurred as follows: May 1876; late May and early June 1914; June 1921; from August 30 to September 4, 1938; April and May 1942; May and June 1949; May 1951; June 1965; May 1969; and, May 1973. The floods of June 1921 and May 1973 are estimated to have frequencies of approximately 100 years. Damaging floods occurred in the study area of the Cache La Poudre River in 1876, 1884, 1904, 1917, 1923, 1947, 1949, 1951, 1964, and 1965. The largest flood in recorded history was in 1917 with an estimated discharge of 13,000 cubic feet per second (cfs) in the are of the City of Greeley (Reference 4). Historic records of flooding on Eaton Draw are not very concise. A major flood is known to have occurred on May 1, 1977, when flood depths in the vicinity of the Town of Eaton approximated those of the 100-year flood. Other floods occurred on various parts of Eaton Draw in 1935, 1951, 1954, 1961, 1965, 1972, and 1974. The most significant floods of recent times along the Tri-Area Drainageway occurred in 1957, 1961, and 1975. On June 3, 1961, 2 to 4 inches of rain fell in a 2-hour period in the drainage basin. The Tri-Area Drainageway flows swelled, flooding sections of the Towns of Firestone, Frederick, and Dacono. This was similar to the flood of 1957, which caused structural damage to the same area. In 1965, heavy rains and hail caused extensive flooding, and housing damages were reported in the thousands of dollars. Local residents reported shallow flooding in the U.S. Highway 34 Levee Overflow Channel during May 1973, with no resulting damage. No flood history is available for Sheep Draw or Ashcroft Draw, as these areas have not been extensively developed. Photographs of the 1977 flood on Eaton Draw and the 1969 flood on the South Platte River are provided in Figures 2 through 4. Flooding along the Big Thompson River generally occurs between May and July. However, annual peak discharges have been experienced from March through September. Floods can have considerably different characteristics depending upon the location within the basin and generally have a duration of about 1 day. In July 1976, heavy rainfall, amounting to as much as 12 inches in 4 hours, fell on the evening of July 31 in the upper Big Thompson River basin, in 6 • r R, , `� tr-monv,, -r- A ' . .. :ItIlrli i , • • , ., _ i i / •'�It-4 • Ifsf \ ._ .......` ti•4• ..."" _ . ! + r ,, Figure 2. Flooding on South Platte River Near the City of Evans (1969) -, fy !r 1a,►is1y ,yY:^-1 V!^ ^`�1"., .1'c: .;.L .. -..` 1 *1.. t. »...„,,,, .. .. ..lY, i :n. IL r R,' '• .r 44:1•0111 �.. _ f....- -: ,.. �� ., .. =r _ ' . 1 .. r Figure 3. Flooding on Eaton Draw Along Weld County Road 76 Near the Town of Eaton (May 1, 1977) 7 -T r Sr wd"'+ .Liar .,c. . w rei _ — }} a,,. . '.� " s • ° Sp`9St,, F... s+Gf. �... + y "iP.• 4. 1$ '.. , A�x Figure 4. Flooding on Eaton Draw Along Weld County Road 74 (May 1, 1977) (Town of Eaton Sewage Treatment Plant in Right of Photo) 8 the general vicinity of Estes Park, Glen Haven, and Drake. The estimated peak discharge at the USGS stream gaging station located 6 miles east of Drake was 31,200 cfs, about 4 times larger than the previous recorded peak discharge. Floods on the Big Thompson River have occurred as follows: June 1921; June 1923; September 1938; June 1949; and, August 1951. 2.4 Flood Protection Measures The sole flood-control structure that will reduce discharges on the stream reaches studied in this report is Ashcroft Draw. At this location the Arrowhead Reservoir reduces the 100-year discharge from 1,546 cfs to 654 cfs. Levees along the South Platte River help control flooding in some locations, but areas protected from the 100-year flood are not very widespread. 3.0 ENGINEERING METHODS For the flooding sources studied in detail in the community, standard hydrologic and hydraulic study methods were used to determine the flood hazard data required for this study. Flood events of a magnitude which are expected to be equaled or exceeded once on the average during any 10-, 50-, 100-, or 500-year period (recurrence interval), have been selected as having special significance for floodplain management and for flood insurance premium rates. These events, commonly termed the 10-, 50-, 100-, and 500-year floods, have a 10-, 2-, 1-, and 0.2-percent chance, respectively, of being equaled or exceeded during any year. Although the recurrence interval represents the long-term average period between floods of a specific magnitude, rare floods could occur at short intervals or even within the same year. The risk of experiencing a rare _ flood increases when periods greater than 1 year are considered. For example, the risk of having a flood which equals or exceeds the 100-year flood (1-percent chance of annual exceedence) in any 50-year period is approximately 40 percent (4 in 10), and for any 90-year period, the risk increases to approximately 60 percent (6 in 10). The analyses reported herein reflect flooding potentials based on conditions existing in the county at the time of completion of this study. Maps and flood eleva- tions will be amended periodically to reflect future changes. 3.1 Hydrologic Analyses Hydrologic analyses were carried out to establish the peak discharge-frequency relationships for floods of the selected recurrence intervals for each stream studied in detail in the county. The COE provided the 10-, 50-, 100-, and 500-year flood discharges for the South Platte River (Reference 5), and the 10-, 50-, and 100-year discharges for the Cache La Poudre River (Reference 4). The 500-year discharge for the Cache La Poudre River was obtained from a straight line extrapolation of these values on log- probability paper. The COE studied the discharge-drainage area relationship for the Cache La Poudre River taking into 9 consideration channel storage along the study reach. As a result, some peak discharge values for portions of the river show an increasing velocity with a decreasing drainage area. Peak discharges for the 10- and 100-year floods on Sheep Draw were computed using the SCS Technical Release No. 20 computer program (Reference 6). Basin characteristics needed for the program were taken from the USGS topographic maps, at a scale of 1:24,000, with a contour interval of 10 feet (Reference 7) . Precipitation distributions were developed from information provided in the National Oceanic and Atmospheric Administration Atlas (Reference 8). The 50- and 500-year discharges were obtained by straight line interpolation and extrapolation of the 10- and 100- year values plotted on log-probability paper. Discharge hydrographs for the 10- and 100-year floods on Ashcroft and Eaton Draws were developed using methods suggested in Chapter 16 of the National Engineering Handbook, published by the SCS (Reference 9). Drainage areas and stream lengths necessary to construct the hydrographs were taken from USGS topographic maps at a scale of 1:24,000, with a contour interval of 10 feet (References 10 and 11). Precipitation distributions were developed from information provided in the National Oceanic and Atmospheric Administration Atlas (Reference 8). The hydrographs for Ashcroft Draw were routed through Arrowhead Reservoir using the Storage- Indication Method outline in Chapter 17 of the National Engineering Handbook (Reference 9). The 50- and 500-year discharges were obtained by straight line interpolation and extrapolation of the 10- and 100-year values plotted on log-probability paper. Discharges for the Tri-Area Drainageway were computed using the SCS Technical Release No. 20 (Reference 6). Rainfall data used in the hydrologic analyses were obtained from the National Oceanic and Atmospheric Administration Atlas for Colorado (Reference 8), and soil and land use information were taken from maps prepared by the SCS (Reference 3). Discharge magnitudes for floods on the Big Thompson River were based upon an analysis of stream gaging data at the USGS stream gages located near Drake and La Salle. Because there are no streamflow gaging records between the La Salle gage and the upstream limit of study, discharge—probability relationships were developed for the intervening drainage area using unit hydrographs and flood routing techniques and rainfall probabilities from U.S. Weather Bureau Technical Publication No. 40. The peak discharges for the 10-, 50-, 100-, and 500-year floods for Coal Creek were developed by the SCS in a report entitled Flood Hazard Analyses, Coal Creek and Rock Creek, Boulder and Weld Counties. Colorado (Reference 12) . The SCS used synthetic rainfall-runoff procedures, as described in the SCS's National Engineering Handbook (Reference 13), and the TR-20 computer program for flood routing (Reference 14) in order to establish the selected discharges along the stream. 10 Peak discharge-drainage area relationships for South Platte River, Cache La Poudre River, Sheep, Ashcroft, and Eaton Draws, Tri-Area Drainageway, Coal Creek, and the Big Thompson River are shown in Table 1. Discharges for U.S. Highway 34 Levee Overflow Channel were obtained using a weir flow equation, Q = CLH3/2 where Q = Total flow over the weir C = Coefficient of discharge L = Effective length of weir controlling flow H = Difference between the energy grade line elevation and the roadway crest elevation Values of H were determined by using the COE HEC-2 computer program (Reference 15) where the flow was confined to the channel. The 100- and 500-year discharges ranged from 550 to 600 cfs and from 7,000 to 12,500 cfs, respectively. The 10-, 50-, 100-, and 500-year discharges for the Tri-Area Drainageway Overflow Channel are 240, 780, 850, and 1,100 cfs, respectively. 3.2 Hydraulic Analyses Analyses of the hydraulic characteristics of streams in the county were carried out to provide estimates of the elevations of floods of the selected recurrence intervals along each stream studied in the county. Cross section data for the South Platte River were obtained from field surveys done by the COE for the Special Flood Hazard Information Report (Reference 5) and by field surveys performed by the study contractor. All bridges were surveyed by the COE to obtain elevation data and structural geometry. Roughness coefficients (Manning' s "n") were estimated by field inspection. Channel "n" values ranged from 0.035 to 0.100. Water-surface profiles were computed using the COE HEC-2 computer program (Reference 12). Starting water-surface elevations for the South Platte River were determined using the slope area method 2,000 feet downstream of the study reach. Cross sections for the Cache La Poudre River were taken from topographic maps by COE for their Flood Plain Information Report (Reference 4). All bridges were field surveyed to obtain elevation data and structural geometry. Roughness coefficients were selected by the COE. The channel "n" value was 0.040, and the overbank "n" values ranged from 0.060 to 0.100. The 100-year water-surface profile was computed by the COE (Reference 15). Profiles for the 10-, 50-, and 500-year floods were hand calculated using the step- 11 0 o 0 0 0 0 0 0 0 0 o O o 0 0 0 0 .ti y p p 00000 00 o Q OOIn p to O >. kr O CI CD InO V1 CO U1 .1.- 00 �.0 .D CA CD O I •` M .-d .D N .4 U o n c4 r 01 .7 n r n .D .4 .-I N• V1 H 01 a 1+ CD at Do 00 L a) O O O O O CD O O O O O 0) O O O O O O O O M N .O WI ..Y •D n 0 0) >+ In O �7 r- .-4 mD O Tn O 011D N 00 at M W I .. w w ., w w .. w .� .Y M O N 01 0/ 0000101 d NT d U O M N .4 A D 7 U w N 0 00 00000 00 O 0000 O O 0) 0) 00 00000 0 d O .-4 ,4 (0 -...t V1 O Vl O w w w 0 O N 01 D\ .. N n In ••1D .D Aa 14 I H w w• WI .y M N d N n aO .D n 43 MM M G WI N N 0 N N •N 0) in CO )• In J CO 1D 0 0 0 O ro 0 0 0 0 0 0 0 0 0 O 0) 00 00000 N V1 00 W C1 1n In O at 41 U m >. 4. .-I ✓1 •D a7 M 0 O1 .D N N a7 N O .n U D. 1 .. w w ) ., ) w w w w N .-I p .4 O M M N M M N '+ ..1 ti ti n w O T ro N a) W 4 .- M nr .D Z CD'� .d at 01 M M M CO .4 N 0 O O� 01 n N O� 01 • • • • • • V) Nnn O 1+ ut O O CO CO CO . .-I n 47 ,7 J "'I CA CI v N Ca 4n .1 .Y ri r1 N • ..+• 7 O M N .-1 Q 0 H 6 )+ M r O -I N T • 1+ O > 3 �• m w 00 0) 0) >. W 'O .4O 7+ N •.3 a.) ro N 3 a)en • ro y u v v) E Q) •D O 0 fro+ N (4.-r • N .0 0 4-I .,.7 1+ OP a) O 0 w 0 3 a) •0 CO > 4..J4..J G C..) O7 O 01 u w 3 O .0 N O v.., u N 1. O •.+ O• > > G of DS IA .o E 03 64E .1-Iw W a w a) •� o w 6 •0 W . , 3 o a) 7 o 1.4 �a a 17 Ow N E C] en O M 44 E 7 W ••i 7 7 a O > 0 N U N E O N o L x .1 o 0 6 N a) N >. /+ 0 N y a-i D. t a) E t+ 3 .0 G a) ro 47 .G a) E I. 3 .0 G 0 • Y N V+ 0 4 lJ N L .M Ci. 3 U L co L ai L O .-i CII 1,. ro 7 .W a1 O N )+ 00 .0 00000 )+ 0 O G fL • O .1 o N i. In 0. C407001)7 0 00 W O N F, o. GI O co ..a 0 Cs, Z G L N 0 E on O ..a O E C y 7 G E W •c .G N 3 co G. O t L S O L N L L u 0 P. !J .6I (1) L L • U U O W +-) D 6 6 O 766 u6A066 a) 66N N6006 ro Lu U Cx O .) y 6 W rA 12 .. a 0 0 0 0000 O O .0 a) V 1 01 CO 0000 10 00 G 'I .n .-I .-I .n O O O CO M O U O N N •--• CO N O in N CO 0) O .-I .-I N .-I .--i .i CO 1.11 1+ N Z N L I CO O O O 0000 O O 0) N .-I .-I .t 0000 .n 03 a) >. 01 03 N O V1 01 0 CO N Lai I .. a a a a a .. a O .-I .+ O 0 O1 03 ~ N i .-I U O •.I .-I .0 7 O v 1. 0 O W W 03 0 03 0000 0 0 N a) r 01 in 0000 r.- d 00>+ . ^ 10 n P1 01 10 O .. 4 I ^4 rsN VI 01 0 "0 OS .-4 VI U C La O ••I U O v 4 01 0000 O O I) CO 0) O O O O O O O n 10 a) 0) >I .t all .--I 10 N N .n 01 b0 W 1 u'1 .7 f+1 N1 N t•1 N v10 1. O N "I 4 U ca .ti CJ 0j w NO i+ 4-1 03>• al 101-- .7 V1 rn m01 .Od01 .-I .--I .-1E � t•1 .-I .-.I V1 10 03 CO CO ra 1O n7 .aCC Id 1+ O• H ti 01 1+ > a) ill av la > (1 01 .-I ..I > n 0: 0 •.I N O 04 F C m o a m m E +a a o .-1 .4 m o H 03 . .. U 4 0 L i C. 0 ', i N •L+ OBI v m G Nacn d C 3 1+ 7 ..I aJ a 00 O. U O N .1 a) a) 0 •.I a 4 •.I C i. U C 0) 4 C '0 O W 3 7 4 3 •c0 o •-ii C 0) w e v U rn O 1+ 13 la O O 3 41 U I 01 an Ow 0) G m I E O) G x •.I 00 O) '0 O P. F. 1d N a) Cl 1. 00 a1 1. N U E W a) u 7 a) F. •.I G a) •.I 11 a1 O E 1. al .a 1. 11 •n N W Cs. O .C •.s +a G w U L !n o F I a.1 a+ u N04 0 0 4-. 0) 1.1 O •.1666 0 o 0.700 U 0 Z 41 � EI 01 U 13 backwater meLnod and stage discharge cure,,; at several cross sections on the Cache La Poudre River. Starting water-surface elevations were taken from those determined for the South Platte River. Cross section data for Sheep, Ashcroft, and Eaton Draws, and the Tri-Area Drainageway were obtained from field surveys by the study contractor. Additional cross section data for a part of the Tri- Area Drainageway were obtained from 1-foot contour interval, 1:1,200 scale topographic mapping produced as a part of a 1975 drainageway study for Weld County (Reference 16). Additional cross section data for a portion of the overbank area of Sheep Draw were obtained from 2-foot contour interval , 1 : 2 ,400 , scale photogrammetric maps (Reference 17). All bridges were field surveyed to obtain elevation data and structural geometry. Roughness coefficients were estimated from field inspection. Channel "n" values for Sheep, Ashcroft, and Eaton Draws and the Tri-Area Drainageway, including the Tri-Area Drainageway Overflow Channel, ranged from 0.030 to 0.040, from 0.035 to 0.040, from 0.016 to 0.050, and from 0.045 to 0.060, respectively, and overbank "n" values ranged from 0.040 to 0.070, from 0.040 to 0.060, from 0.040 to 0.070, and from 0.045 to 0.090, respectively. The COE HEC-2 computer program was used to compute water-surface profiles for all four streams (Reference 15). Starting elevations were determined from slope-area computations at the downstream sections. Cross section data for Coal Creek were obtained from topographic maps at a scale of 1:4,800, with contour intervals of 2 and 4 feet (Reference 18). Field measurements were taken by the SCS to obtain elevation data and structural geometry of all bridges and culverts. Roughness coefficients for Coal Creek south of the Union Pacific Railroad were determined by the WRC (Reference 19). These values were reviewed and approved by the CWCB. The "n" values range from 0.075 in the channel to 0.055 in the overbank. Topographic mapping for the Big Thompson River was established by photogrammetric methods from flights made in June 1975. Bridge and roadway survey data were provided by the CWCB. Water-surface profiles were developed using the COE HEC-2 computer program (Reference 15). The computations were based on channel and floodplain conditions as represented by survey data gathered in June 1975 and as supplemented by later field investigations (Reference 20). Locations of selected cross sections used in the hydraulic analyses are shown on the Flood Profiles. For stream segments for which a floodway is computed (Section 4.2), selected cross section locations are also shown on the Flood Boundary and Floodway Map. Flood profiles were drawn showing computed water-surface elevations to an accuracy of 0.5 foot for floods of the selected recurrence intervals. 14 The approximate flooding on Crow Creek was determined from normal- depth calculations and weir calculations at a county road. The approximate flooding on Idaho Creek was based upon engineering judgment and field inspection. All elevations are referenced to the National Geodetic Vertical Datum (NGVD) of 1929. Elevation reference marks used in this study are shown on the maps. 4.0 FLOODPLAIN MANAGEMENT APPLICATION The National Flood Insurance Program (NFIP) encourages State and local governments to adopt sound floodplain management programs. Therefore, each Flood Insurance Study provides 100-year flood elevations and delineations of the 100- and 500-year floodplain boundaries and 100-year floodway to assist communities in developing floodplain management measures. 4.1 Floodplain Boundaries In order to provide a national standard without regional discrimination, the 100-year flood has been adopted by FEMA as the base flood for floodplain management purposes. The 500-year flood is employed to indicate additional areas of flood risk in the community. For each stream studied in detail, the boundaries of the 100- and 500-year floods have been delineated using the flood elevations determined at each cross section; between cross sections, the boundaries were interpolated using topographic and photogrammetric maps at the scale and contour interval as follows for each stream: South Platte River (detailed study from City of Evans to confluence with Cache La Poudre River) , scale 1:24,000, enlarged to a scale of 1:7,200, with a contour interval of 10 feet (Reference 21) Cache La Poudre River, scale 1:12,000 enlarged to a scale of 1:7,200, with a contour interval of 4 feet (References 4 and 22) Sheep Draw, scale 1:2,400, with a contour interval of 2 feet (Reference 17) Ashcroft Draw, scale 1:24,000, enlarged to a scale of 1:7,200, with a contour interval of 10 feet (References 7 and 10) Eaton Draw, scale 1:24,000, enlarged to a scale of 1:7,200, with a contour interval of 10 feet (Reference 11) Tri-Area Drainageway, scale 1:24,000, enlarged to a scale of 1:7,200, with a contour interval of 1 foot (Reference 16) 15 Big Thompson River, scale 1:2,400, reducea to 1:6,000 with a contour interval of 2 feet (Reference 17) Coal Creek, scale 1:4,800, with a contour interval o£ 2 and 4 feet (Reference 19) In cases where the 100- and 500-year flood boundaries are close together, only the 100-year flood boundary has been shown. The approximate flood boundaries for the South Platte River and the Cache La Poudre River were taken from the 100-year flood boundaries developed by the COE (References 4, 5, and 21). Approximate flood boundaries on streams in the study area were delineated using topographic maps at a scale and contour interval as follows for each stream: South Platte River (from Adams County boundary to the City of Evans and downstream of the Cache La Poudre River to Morgan County), scale 1:24,000, enlarged to a scale of 1:12,000, with a contour interval of 10 feet (References 10 and 23) Cache La Poudre River, scale 1:12,000 enlarged to a scale of 1:7,200, with a contour interval of 4 feet (Reference 4 and 21) Crow Creek, scale 1:24,000, with a contour interval of 10 feet (Reference 24) Idaho Creek, scale 1:24,000, enlarged to a scale of 1:2,400, with a contour interval of 2 feet (Reference 25) Approximate flood boundaries in some portions of the study area were taken from FEMA' s Flood Hazard Boundary Map (Reference 20). Flood boundaries for the 100- and 500-year floods are shown on the Flood Boundary and Floodway Map. Small areas within the flood boundaries may lie above the flood elevations, and therefore, not be subject to flooding; because of limitations of the map scale, such areas are not shown. 4.2 Floodways Encroachment on floodplains, such as structures and fill, reduces flood-carrying capacity, increases flood heights and velocities, and increases flood hazards in areas beyond the encroachment itself. One aspect of floodplain management involves balancing the economic gain from floodplain development against the resulting increase in flood hazard. For purposes of the NFIP, a floodway is used as a tool to assist local communities in this aspect of floodplain management. Under this concept, the area of the 100- year flood is divided into a floodway and a floodway fringe. The floodway is the channel of a stream, plus any adjacent floodplain 16 areas, that must be kept free of encroachment so that the 100-year flood can be carried without substantial increases in flood heights. Minimum Federal standards Limit such increases in flood heights to 1.0 foot, provided that hazardous velocities are not produced. The floodways for all streams studied by detailed methods were computed on the basis of equal conveyance reduction from each side of the floodplain. The results of these computations are tabulated at selected cross sections for each stream segment for which a floodway is computed (Table 2). A floodway is not shown for U.S. Highway 34 Levee Overflow Channel because flooding in this area is controlled by the South Platte River. No floodway was computed for the detailed study reach of the Big Thompson River. As shown on the Flood Boundary and Floodway Map, the floodway boundaries were determined at cross sections; between cross sections, the boundaries were interpolated. In cases where the floodway and 100-year flood boundaries are close together, only the floodway boundary has been shown. The area between the floodway and the boundary of the 100-year flood is termed the floodway fringe. The floodway fringe thus encompasses the portion of the floodplain that could be completely obstructed without increasing the water-surface elevation of the 100-year flood more than 1.0 foot at any point. Typical relationships between the floodway and the floodway fringe and their significance to floodplain development are shown in Figure 5. 5.0 INSURANCE APPLICATION In order to establish actuarial insurance rates, the FEMA has developed a process to transform the data from the engineering study into flood insurance criteria. This process includes the determination of reaches, Flood Hazard Factors (FHFs) , and flood insurance zone designations for each flooding source studied in detail affecting the unincorporated areas of Weld County. 17 1 100-YEAR FLOODPLAIN >'I .4[____ FLOODWAY > E-- FLOODWAY _ FLOODWAY-v. FRINGE FRINGE F STREAM -31. CHANNEL FLOOD ELEVATION WHEN CONFINED WITHIN FLOODWAY .."N\seN3/44.• ENCROACHMENT ENCROACHMENT D w. ._ w K C\ __ r _ SURCHARGE AREA OF FLOODPLAIN THAT COULD BE USED FLOOD ELEVATION BEFORE FOR DEVELOPMENT BY RAISING GROUND ENCROACHMENT ON FLOODPLAIN LINE AB IS THE FLOOD ELEVATION BEFORE ENCROACHMENT. LINE CD IS THE FLOOD ELEVATION AFTER ENCROACHMENT. 'SURCHARGE IS NOT TO EXCEED 1.0 FOOT(FIA REQUIREMENT)OR LESSER AMOUNT IF SPECIFIED BY STATE. Figure 5. Floodway Schematic 5.1 Reach Determinations Reaches are defined as lengths of watercourses having relatively the same flood hazard, based on the average weighted difference in water-surface elevations between the 10- and 100-year floods. This difference does not have a variation greater than that indicated in the following table for more than 20 percent of the reach: Average Difference Between 10- and 100-Year Floods Variation Less than 2 feet 0.5 foot 2 to 7 feet 1.0 foot 7.1 to 12 feet 2.0 feet More than 12 feet 3.0 feet The locations of reaches determined for the flooding sources of the unincorporated areas of Weld County are shown on the Flood Profiles and summarized in Table 3. The reach of Eaton Draw affecting the Town of Eaton is shown on Profile 34P. 5.2 Flood Hazard Factors The FHF is the FEMA device used to correlate flood information with insurance rate tables. 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C U ‹ w= MOMMMNMMWMOMM .,,� ,N VI (W F . . . . . . . . . . .. .. . . . . . . . . . .. .. ,n .O r W Q• -+ M y u1 .O W M O •-� W 01 -+ M0 •--� .-i Vl r r G 0 3 7 < LW } 0 p M M M M v v v v v v v ul ul ul ul .O .O .D r r r r r w U m O 2 • F... V - aa) cu o >,T < Z Q M0) 70) ). Op w N v l.1O. o v w w • a V' z b_O ,o •a O G W OJ O 2 0 o C CA U W CC Wu E W O N W Z 0 U N a W N c av66 W UL] W W Ux H 7 ��yya zoaoy, W H0 > 3 O •.>+ O •� W Z J N W6Q6C66C6C ¢' 6 ¢' 6C4' CC � 6CCC m w < LL U 4 > > N u u uj U •d al •O 01 •O 0 C.0 a . 7 W .n W U �W O Ls 3 LL O N M F<tOJW N 1, floods and their FHF are used to set actuarial insurance premium rate tables based on FHFs from 005 to 200. The FHF for a reach is the average weighted difference between the 10- and 100-year flood water-surface elevations expressed to the nearest 1/2 foot, and shown as a three-digit code. For example, if the difference between water-surface elevations of the 10- and 100- year floods in 0.7 foot, the FHF is 005; if the difference is 1.4 feet, the FHF is 015; if the difference is 5.0 feet, the FHF is 050. When the difference between the 10- and 100-year water- surface elevations is greater than 10.0 feet, accuracy for the FHF is rounded to the nearest foot. 5.3 Flood Insurance Zones After the determination of reaches and their respective FHFs, the entire unincorporated area of Weld County was divided into zones, each having a specific flood potential or hazard. Each zone was assigned one of the following flood insurance zone designations: Zone A: Special Flood Hazard Areas inundated by the 100-year flood , determined by approximate methods ; no base flood elevations shown or FHFs determined. Zone A0: Special Flood Hazard Areas inundated by types of 100-year shallow flooding where depths are between 1.0 and 3.0 feet; depths are shown, but no FHFs are determined. Zones Al through A9: Special Flood Hazard Areas inundated by the 100-year flood, determined by detailed methods; base flood elevations shown, and zones subdivided according to FHFs. Zone B: Areas between the Special Flood Hazard Areas and the limits of the 500-year flood, including areas of the 500-year floodplain that are protected from the 100-year flood by dike, levee, or other water control structure; also areas subject to certain types of 100-year shallow flooding where depths are less than 1.0 foot; and areas subject to 100- year flooding from sources with drainage areas Less than 1 square mile. Zone B is not subdivided. Zone C: Areas of minimal flooding. Zone D: Areas of undetermined, but possible flood hazard. 30 The flood elevation differences, FHFs, flood insurance zones, and base flood elevations for each flooding source studied in detail in the county are summarized in Table 3. 5.4 Flood Insurance Rate Map Description The Flood Insurance Rate Map for the unincorporated areas of Weld County is, for insurance purposes, the principal result of the Flood Insurance Study. This map (published separately) contains the official delineation of flood insurance zones and base flood elevation lines. Base flood elevation lines show the locations of the expected whole-foot water-surface elevations of the base (100- year) flood. This map is developed in accordance with the latest flood insurance map preparation guidelines published by FEMA. 6.0 OTHER STUDIES The COE recently published the Special Flood Hazard Information Report, South Platte River, Volume I, April 1977 (Reference 5), which is a study of the South Platte River in Weld County, to compare the 1973 flood with the 100-year flood. The information provided varies from stage- discharge relationships at each cross section in the rural areas to water-surface profiles in the urban areas. The profiles in this report differ from the COE profiles by more than 0.5 foot in a few places. At cross section E, the COE did not consider the skew of the bridge, which causes increased effective pier widths and higher elevations. Additional cross sections taken below Cross Section I for this report indicated that the 100-year flood would be confined by levees, thus raising the water surface above that computed by the COE. At U.S. Highway 85, the COE considered the Latham Ditch as carrying part of the 100-year flow. As this is not considered by FEMA policy, the elevations in this report are higher than the COE computed elevations. The COE completed a Flood Plain Information report on the Cache La Poudre River at the City of Greeley in March 1974 (Reference 4). The discharges and 100-year water-surface elevations used in this Flood Insurance Study were taken from the COE report. Elevations shown in this study iiffer from those presented in the Flood Plain Information Report due to the use of different cross section stationing. A drainage study has been completed for the Tri—Area Drainageway at the Town of Firestone which includes flood discharges and proposed improvements (Reference 16). These discharges, developed by using the Colorado Urban Hydrograph Procedure (CUHP) , are approximately 25 percent higher than those computed for this study. Because of the difficulty in using the CUHP in undeveloped, agricultural watersheds, the discharges determined in this report are considered appropriate. The discharges reported here also include the effect of failure of the Frederick Levee, which was not considered in the drainage study. Gingery Associates, Inc. , has completed or is in the process of completing Flood Insurance Studies for the Cities of Greeley, Evans, and Fort Lupton, and the Towns of Frederick, Firestone, Dacono, Erie, 31 O. a a a s a a a a a a s a s a s m a of 1a N N 0 0 W N 0 0 of m 0 02a XXX XX XXSX E XX XX XX .I*0 Q D > W W W W W W a) al al al W W W W W W W M J I— l7 W W a) a) al W W W W W W W al al al W c >. LL Q Z V) V1 N CA V) Vi V] O V) V) V) CI) V) V] Vl Va p cc Cg W la N W la I I 11 1 1 1 1 1 I I 11 I I v _> J LU on al al u) to cil col N al N 0 al N a] 0 O1 it, Ce m W .LL.. W W W W al a) W W W a) W al W W W W . ..a ..a ..i .,4 ..1 ... . ..1 .H ..i ..+ ... .,a ..) .A `.) W H H 4 t+ is i+ fa i. 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Q I CC W ce OC O D ; N �re 0 0 0 0 0 0 0 0 0 Q m Z O N • 0 O 00000000 -, O n I 1 I I I 1 1 1 1 1 1 rn CC .r.. m H w a e Q › t• D J2 a' W W C N O 0 en CO Vl Al u1 N N O s W Q rn Oy .i N .-I .-I .--1 .-1 .-1 .-d .-1 N Al j I I 1 1 1 1 1 1 1 1 1 W > O .- CO O A- T un rn V Z W Al 0 10 10 1O 10 10 1/40 O N. r W (/1 z •O ON T 01 01 01 01 01 01 l7 Q Co .. 000000 ^00 Q Q d o v1 000000 .000 F W O1 Z O CC O 0 CU O 6J a W >.Q W m 3 H m _ � 0 a O tA w a •r v V a Z •ri c 0cS v W re C 0Iii. U •-", O .-1 r1 N c'•1 .7 V1 10 x` N 00 01 ()• �cc CC J O LU Li D (z L t a. W a a) .0 S .C .C .C 4 .0 C .0 .0 Z O 3 u u a) t.) u u u u U v u u o o o E a N CO N 0 0 N W IO CO CO A w IJy a1 .-1 01 O N H 01 01 0l O) CU N 01 al W 634 � c 40s c� xzxzrzazr4cd in -� Z in Q •r1 7 0a al o G 4 O •.+ O E-' 00 V 1—y W LL F-QmJW M Milliken, Windsor, Nunn, and Pierce, all in Weld County (References 27 through 37, respectively). These reports were well coordinated and, therefore, will be in complete agreement. The Omaha District of the COE is preparing a study of Sheep Draw. Contact was made with the C0E and comparison of the hydrologic data revealed that both studies are in agreement. A report, concerning the potential flood hazards of Coal Creek in the area around the Town of Erie entitled Flood Hazard Analyses, Coal Creek and Rock Creek, was prepared by the SCS in October 1976 (Reference 1). That report was modified in August 1980, by WRC, in their report entitled Floodplain Information, Flood Control , and Floodplain Management. This Flood Insurance Study is integrated with that study, north of Briggs Street; however, new HEC-2 runs south of Briggs Street were developed for the Coal Creek West Line Overflow and Coal Creek and supersede that portion of the above-mentioned WRC study. This report supersedes the previous Flood Insurance Study (Reference 38) and should be considered authoritative for purposes of the NFIP. 7.0 LOCATION OF DATA Survey, hydrologic, hydraulic, and other pertinent data used in this study can be obtained by contacting the Natural and Technological Hazards Division, Federal Emergency Management Agency, Denver Federal Center, Building 710, Denver, Colorado 80225. 8.0 BIBLIOGRAPHY AND REFERENCES 1. U.S. Department of Commerce, Bureau of the Census, "1980 Census of Population, Number of Inhabitants, Colorado," 1981 2. U.S. Department of Commerce, National Climatic Center, Climatological Data for Colorado. Annual Summary 1976, Asheville, North Carolina, 1977 3. U.S. Department of Agriculture, Soil Conservation Service, General Soil Map for Weld County, Colorado, Scale 1:10,560, May 1972 4. U.S. Department of the Army, Corps of Engineers, Omaha District, Flood Plain Information Report, Cache La Poudre River, Colorado, Volume II, Greeley-Weld County, Scale 1:12,000, March 1974 5. , Special Flood Hazard Information Report, South Platte River, Volume I, Weld County. Colorado, prepared for Weld County and Colorado Water Conservation Board, April 1977 6. U.S. Department of Agriculture, Soil Conservation Service, Engineering Division, Technical Release No. 20, Computer Program for Project Formulation, May 1965 35 7. U.S. Department of the Interior, Geological Survey, 7.5-Minute Series Topographic Maps, Scale 1:24,000, Contour Interval 10 feet: Bracewell, Colorado (1950), Photorevised (1969) 8. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Precipitation-Frequency Atlas of the Western United States, NOAA Atlas 2, Colorado, 1973 9. U.S. Department of Agriculture, Soil Conservation Service, National Engineering Handbook, Section 4, August 1972 10. U.S. Department of the Interior, Geological Survey, 7.5-Minute Series Topographic Maps, Scale 1:24,000, Contour Interval 10 feet: Milliken, Colorado (1950), Photorevised (1969) 11. , 7.5-Minute Series Topographic Maps, Scale 1:24,000, Contour Interval 10 feet: Eaton, Colorado (1950), Photorevised (1971) 12. U.S. Department of Agriculture, Soil Conservation Service, Flood Hazard Analyses, Coal Creek and Rock Creek, Boulder and Weld Counties, Colorado, October 1976 13. U.S. Department of Agriculture, Soil Conservation Service, National Engineering Handbook, Hydrology, Section 4, August 1972 14. , Engineering Division, Central Technical Unit, Technical Release No. 20, Computer Program for Project Formulation, May 1965 15. U.S. Department of the Army, Corps of Engineers, Hydrologic Engineering Center, HEC-2 Water-Surface Profiles, 723-X6-L202A, Davis, California (Revised February 1977) 16. Nelson, Haley, Patterson 6 Quirk, Inc. , Preliminary Engineering Report, Drainage Study, Firestone-Frederick Area, Weld County, Colorado, Scale 1:24,000, Contour Interval 1 foot, September 1975 17. Weld County and Colorado Water Conservation Board, Aerial Photogra:mnetric Maps for Sheep Draw Flood Plain Study, Scale 1:2,400, Contour Interval 2 feet, prepared by M and I Consulting Engineers, Fort Collins, Colorado, December 1978 18. Water Resources Consultants, Inc. , Topographic Maps, Coal Creek, Boulder and Weld Counties, Colorado, compiled by photogrammetric methods, Scale 1:4,800, Contour Interval 2 and 4 feet: February 1980 19. Water Resources Consultants, Inc. , Floodplain Information, Flood Control and Floodplain Management Plan for Coal Creek at Erie, Colorado, and Technical Addendum, August 1980 36 20. U.S. Department of the Army, Corps of Engineers, Omaha District, Flood Plain Information Report, Big Thompson River, Weld County, Colorado, Scale 1:6,000, February 1978 21. U.S. Department of the Interior, Geological Survey, 7.5-Minute Series Topographic Maps, Scale 1:24,000, Contour Interval 10 feet; Greeley, Colorado (1950), Photorevised (1969); LaSalle, Colorado (1951); Fort Lupton, Colorado (1949), Photorevised (1969) 22. U.S. Department of the Army, Corps of Engineers, Omaha District, Flood Plain Information, Cache La Poudre River, Colorado, Volume III, Fort Collins - Greeley, Larimer - Weld County, Colorado, Scale 1:12,000, October 1975 23. U.S. Department of the Interior, Geological Survey, 7.5—Minute Series Topographic Maps, Scale 1:24,000, Contour Interval 10 feet: Platteville, Colorado (1950), Photorevised (1969); Kersey, Colorado (1950); Barnesville, Colorado (1950); Hardin, Colorado (1950); Dearfield, Colorado (1951); Masters, Colorado (1950) 24. U.S. Department of the Interior, Geological Survey, 7.5-Minute Series Topographic Maps, Scale 1:24,000, Contour-Interval 10 feet: Hereford, Colorado (1972) 25. Weld County and Colorado Water Conservation Board, Topographic Mapping of Idaho Creek, Flown April 25, 1977, Scale 1:24,000, Contour Interval 2 feet, prepared by Kucera S Associates, Inc., Denver, Colorado 26. Federal Emergency Management Agency, Flood Hazard Boundary Maps, Weld County, Colorado, Scale 1:2,000, March 1978 27. , Flood Insurance Study, City of Greeley, Colorado, prepared by Gingery Associates, Inc. , December 1977 28. , Flood Insurance Study, City of Evans, Colorado, prepared by Gingery Associates, Inc. , October 1977 29. , Flood Insurance Study, City of Fort Lupton, Colorado, prepared by Gingery Associates, Inc. , October 1977 30. , Flood Insurance Study, Town of Frederick, Colorado, prepared by Gingery Associates, Inc. , unpublished 31. , Flood Insurance Study, Town of Firestone, Colorado, prepared by Gingery Associates, Inc. , unpublished 32. , Flood Insurance Study, Town of Dacono, Colorado, prepared by Gingery Associates, Inc. , unpublished 33. Federal Emergency Management Agency, Flood Insurance Study, Town of Erie. Colorado, prepared by Gingery Associates, Inc. , June 1977 37 34. , Flood Insurance Study. Town of Milliken, Colorado, prepared by Gingery Associates, Inc. , October 1977 35. , Flood Insurance Study. Town of Windsor, Colorado, prepared by Gingery Associates, Inc. , December 1977 36. , Flood Insurance Study, Town of Nunn, Colorado, prepared by Gingery Associates, Inc. , October 1977 37, , Flood Insurance Study, Town of Pierce, Colorado, prepared by Gingery Associates, Inc. , November 1977 38. Federal Emergency Management Agency, Federal Insurance Administration, Flood Insurance Study, Town of Erie, Colorado, September 1982 38 ORD89T 910153 FILE CONTAINS FLOOD MAPS PLEASE SEE ORIGINAL FILE Hello