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HomeMy WebLinkAbout952674.tiffOrdinance #147-G was incorrect as recorded on January 16, 1996, at Reception #2471906, Book 1527, Page 504 (68 pages recorded.) This is the corrected Ordinance #147-G. 2510929 8-1566 P-557 09/13/96 03:58P PG 1 OF 72 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 1 ORDINANCE NO. 147-G IN THE MATTER OF THE REPEAL AND RE-ENACTMENT OF CERTAIN PORTIONS OF ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE PLAN ORDINANCE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and policies for the unincorporated areas of the County of Weld, and WHEREAS,the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 147, Weld County Comprehensive Plan, establishing a comprehensive revision of the planning goals and policies for the unincorporated areas of the County of Weld and has adopted amendments in Ordinance No. 147-A, 147-B, 147-D, 147-E, and 147-F, and WHEREAS, the Comprehensive Plan Advisory Board has proposed revisions to the Comprehensive Plan which have been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a comprehensive revision of the Comprehensive Plan for the County of Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the Weld County Comprehensive Plan be, and hereby is, repealed and re-enacted to read as follows: 2510929 B-1566 P-557 09/13/96 03:58P PG 2 OF 72 951327 ORD147G AMENDMENT INDEX Ordinance 147 - Effective January 13, 1987 Original Document Ordinance 147A - Effective September 22, 1987 Addition of Mineral Resources; Environmental Quality and Natural Resources; Open Space, Parks, and Recreation; and the Weld County Economy Sections Ordinance 147B - Effective March 24, 1992 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision. Ordinance 147C - Tabled Ordinance 147D - Effective May 8, 1995 Conceptual Land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers Map revision. Ordinance 147E - Effective May 15, 1995 Conceptual Land Use Plan Map and the I-25 Mixed Use Development Area and Activity Centers Map revision. Ordinance 147F - Effective May 31, 1995 Conceptual Land Use Map and the 1-25 Mixed Use Development Area and Activity Centers Map revision. Materials pertaining to each specific section of the Ordinance that has been amended are available for inspection in the office of the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado, Monday through Friday, 7:30 a.m. to 4:30 p.m., or the Clerk to the Board of County Commissioners, third floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. This Ordinance includes all amendments in effect as of November 21, 1995. 2510929 B-1566 P-557 09/13/96 03:58P PG 3 OF 72 ORIGINAL ORDINANCE 147 BOARD OF COUNTY COMMISSIONERS Gordon Lacy, Chairman C.W. Kirby, Pro -tern Jacqueline Johnson Gene Brantner C.W. Kirby Frank Yamaguchi WELD COUNTY PLANNING COMMISSION Ann Garrison, Chairman Lynn Brown, Vice -Chairman Bud Halldorson LeAnn Reid Ivan Gosnell Rod Allison Keith Schuett Brian Bingle Lanell Swanson Jeff Specht Roberta J. Good Danna York Sharon White Jack Holman Ann Garrison Doug Graff Paulette Weaver Sharon Linhart Jacqueline Johnson C.W. Kirby Chuck Cunliffe Rod Allison Louis Rademacher Ernest Ross Jerry Burnett Paulette Weaver DEPARTMENT OF PLANNING SERVICES Chuck Cunliffe, Director Principal Planner Current Planner Current Planner Current Planner Planning Technician Office Technician IV Office Technician III Planning Technician COMPREHENSIVE PLAN ADVISORY COMMITTEE vi Chairman Planning Commission Planning Commission Planning Commission Planning Commission, former County Commissioner, ex officio County Commissioner, ex officio Director, Department of Planning Services Project Manager and Planner 2510929 B-1566 P-557 09/13/96 03:58P PG 4 OF 72 ORDINANCE 147G BOARD OF COUNTY COMMISSIONERS Dale Hall, Chairman Barbara Kirkmeyer, Pro -Tern George Baxter Connie Harbert W.H. Webster WELD COUNTY PLANNING COMMISSION Richard Kimmel, Chairman Shirley Camenisch Jack Epple Zachary Allely Marie Koolstra Monica Daniels -Mika Gloria Dunn Shani Eastin Sharyn Frazer Chris Goranson Todd Hodges Keith Schuett Sharon White Daniel Lere Curt Moore Judith Yamaguchi Arlan Mans DEPARTMENT OF PLANNING SERVICES Pat Persichino, Director Long Range Planner Current Planner Current Planner Office Manager Current Planner Current Planner Current Planner II Planning Technician COMPREHENSIVE PLAN ADVISORY COMMITTEE John Donley -Chairman Bonnie Dean -Vice -Chairman Jay Curtis Kirk Goble Dale Hall, Ex -Officio Michael Hayes Barbara Kirkmeyer, Ex -Officio Marie Koolstra Public Works Drew Scheltinga-County Engineer Dean Dreher COUNTY DEPARTMENTS Health Department John Pickle -Director Jeff Stoll Charlotte Davis Trevor Jiricek Robin Newbrey i 2510929 B-1566 P-557 09/13/96 03:58P PG 5 OF 72 Mike Veeman Jim Meyer Cristie Nicklas Ruth Pelton-Roby Gale Schick Cathy Schulte John Valencia Attorney's Office Bruce Barker -County Attorney Lee Morrison TABLE OF CONTENTS INTRODUCTION Comprehensive Plan Definition 1- 1 Relationship to Other Documents 1- 1 Principle Plan Components 1- 1 Weld County Planning Process 1- 1 Comprehensive Plan Amendment Procedure 1- 2 Location 1- 6 DEMOGRAPHICS/ECONOMICS Weld County Population 1 - 7 Weld County Economy 1-12 Existing Land Use 1-15 Future Land Use 1-14 LAND USE CATEGORIES Agriculture 2 - 1 Understanding the Agricultural Industry and its Benefits 2 - 1 Concerns of Farming as an Industry 2 - 2 Weld County Prime Farmland Definition 2 - 3 Weld County Non -Prime Farmland Definition 3 - 1 Urban Development 3 - 1 Unincorporated Communities 3 - 3 Industrial Development 3 - 4 Commercial Development 3 - 5 Residential Development 3 - 7 Planned Unit Development 3 - 8 I-25 Mixed -Use Development Area and Urban Development Nodes 3-10 LAND USE AMENITIES Public Facilities and Services 3-14 Fire Protection 3-15 Police Protection 3-16 Transportation 4 - 1 Road System Classification 4 - 1 Arterial Roads 4 - 1 Collector Roads 4 - 3 Local Roads 4 - 3 Road Access 4 - 3 Pedestrian and Bicycle Paths 4 - 3 Scenic Road Bikeways 4 - 3 Regional Plans 4 - 3 U.S. 85 Corridor 4 - 4 Air Transportation 4 - 4 Rail Transportation 4 - 5 ii 2510929 B-1566 P-557 09/13/96 03:58P PG 6 OF 72 ENVIRONMENTAL QUALITY Water 5 - 1 Air 5 - 1 Noise Impacts 5 - 2 Solid Waste 5 - 2 Brine Waste 5 - 4 Manure 5 - 4 Municipal Sludges 5 - 4 Septic Tank Pumpings 5 - 4 NATURAL RESOURCES Wildlife 6 - 1 Open Space Parks and Recreation 6 - 2 General Resources 6 - 4 Commercial and Mineral Deposits 6 - 5 Oil and Gas Mineral Deposits 6 - 7 APPENDIX Right to Farm Covenant 7 - 1 Transportation Definitions 7 - 2 - Arterial Roads 7 - 2 Collector Roads 7 - 2 Local Roads 7 - 2 iii 2510929 B-1566 P-557 09/13/96 03:58P PG 7 OF 72 LIST OF TABLES Table 1. Population Characteristics 1990. Table 2. Weld County Population - History and Forecast Table 3. Weld County Population by Municipality Table 4. Existing Land -Use in Weld County Table 5. County Road System LIST OF FIGURES Figure 1. Locational Map Figure 2. Population Distribution Figure 3. Employment by Sector in 1994 LIST OF MAPS Map 1 - Urban Growth Boundary Map 2 - Mixed Use Development Map Map 3 - Transportation Map 4 - Bike Trails Map 5 - Wildlife Areas - Existing Map 6 - Coal Resources Map 7 - Sand and Gravel Resources iv 2510929 B-1566 P-557 09/13/96 03:58P PG 8 OF 72 INTRODUCTION COMPREHENSIVE PLAN DEFINITION The Weld County Comprehensive Plan is the document intended to fulfill the master plan requirement pursuant to Colorado State Law and, in part, to set land -use policy pursuant to the Weld County Home Rule Charter. The Comprehensive Plan document is intended to be used for the general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of Weld County. The Plan includes all geographic areas of the County. It establishes policy guidelines for existing and future land -use decisions. The Comprehensive Plan was originally developed in 1974, revised in 1987, and later amended in 1992 and 1995. RELATIONSHIP TO PLANNING DOCUMENTS The Comprehensive Plan identifies specific land - use goals and policies which are intended to provide guidance and direction for existing and future land use. The basic documents used by Weld County to carry out the goals and policies of the Comprehensive Plan are the Zoning and Subdivision Ordinances. The Zoning Ordinance is a regulatory document. It defines land -use application procedures, responsibilities, defines standards and regulations pertaining to zone districts, overlay districts, non- conformance, enforcement, and the Board of Adjustment. The Subdivision Ordinance is the regulatory document defining regulations and minimum standards for subdivision development, including design standards for facilities, utilities, and other improvements. The Subdivision Ordinance also explains the procedures for subdividing a parcel of land. The Zoning and Subdivision Ordinances are intended to implement and carry out the goals and policies of the Comprehensive Plan. PRINCIPLE PLAN COMPONENTS Goals and policies are the two principle components of the Weld County Comprehensive Plan. The goals are expressed as written statements and represent the direction Weld County citizens have selected for the future. Goals were developed and adopted with input from the public, civic organizations, municipalities, and agencies of the State of Colorado and the federal government. The adopted goals of the Comprehensive Plan provide public officials and private citizens with criteria for making planning decisions. The Comprehensive Plan policies are expressed as written statements and maps. The written policy statements are specific guidelines for public planning decisions. The policy maps (located in the back inside cover) graphically identify important wildlife areas, mineral resources, and existing and future general land -use classifications. The policy statements and maps provide additional background and clarification to the County goal statements. WELD COUNTY PLANNING PROCESS The Weld County planning process is designed to provide a consistent review of individual land use matters. The Department of Planning Services staff, Board of Adjustment, Weld County Planning Commission, and Board of County Commissioners are the four groups responsible for making planning decisions in Weld County. The Comprehensive Plan, Zoning and Subdivision Ordinances are the essential documents describing the Weld County Planning review and decision making process. These documents are adopted as ordinances in accordance with the Weld County Ordinance Procedure set forth in Article III, Section 3-14 of the Home Rule Charter. 1-1 The Weld County Department of Planning Services welcomes the opportunity to discuss the planning process with interested persons. Most initial discussions and inquiries about the Weld County planning process, including land -use applications, 2510929 B-1566 P-557 09/13/96 03:58P PG 9 OF 72 INTRODUCTION site plan review procedures and the zone district classifications, begin with the Department of Planning Services. When the Department of Planning Services receives a land -use application, it is processed and reviewed for compliance with the appropriate sections of the Comprehensive Plan, Zoning and Subdivision Ordinances. The type of land -use application determines the administrative body responsible for review and decision making. For example, a Use by Special Review Application is initially processed by the Department of Planning Services. The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Weld County Planning Commission in a public meeting. The Weld County Planning Commission reviews the information presented, evaluates any public testimony and formulates a recommendation regarding the land -use application. The Planning Commission's recommendation is then forwarded to the Board of County Commissioners. In a public meeting, the Board of County Commissioners reviews the Planning Commission's recommendation, evaluates any public testimony and makes a decision regarding the Use by Special Review Application. The Comprehensive Plan, Zoning and Subdivision Ordinances enable the public to examine the relationship between general land -use planning goals and specific policies and regulations to participate in the decision making process. The Weld County planning process combines the interaction of elected officials, and the support staff from the Department of Planning Services and other County departments. In order to ensure joint cooperation between citizens and professionals, Weld County will rely upon the following three principles: 1. The County will encourage citizen participation in the planning process. 2. The County will encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which significantly affect land uses in unincorporated Weld County; and 3. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as much as possible. COMPREHENSIVE PLAN AMENDMENT PROCEDURE Evaluation of the Comprehensive Plan is necessary to provide an accurate statement of county land -use goals and policies based on current data and the needs of Weld County citizens. Therefore, when changes in the social, physical, or economic conditions of Weld County occur, it becomes necessary to re-evaluate and change land -use goals and policies. The following procedures have been established to amend the Comprehensive Plan. 1. An overall review and update will be conducted at least every ten years or earlier as directed by the Board of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan. The procedure involved in the update shall include an opportunity for the general public, Department of Planning Services, municipal, state, and federal agencies to submit proposed changes and to review and comment on any amendments being considered by the Planning Commission and the Board of County Commissioners. 2. Individuals may submit a proposal to amend the Comprehensive Plan in accordance with the following procedure: 1-2 A. Comprehensive plan amendment proposals shall be considered bi- 2510929 B-1566 P-557 09/13/96 03:58P PG 10 OF 72 INTRODUCTION annually with a public hearing process beginning in November or May of each year; B. The petitioner shall pay for the cost of legal publication of the proposed amendment and all land use application fees; C. A typewritten original and eleven (11) copies of the proposed Comprehensive Plan amendment must be submitted to the Department of Planning Services no later than October 1 or April 1 of each year to be considered for review and public hearings. The following items shall be submitted as part of the proposed amendment: (1) a statement describing why the comprehensive plan is in need of revision; (2) a statement describing how the proposed amendment will be consistent with existing and future goals, policies, and needs of the County; In the case of an amendment to the I- 25 Mixed Use Development Area Map the proposed amendment must: a. demonstrate the proposed amendment is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map; and b. describe how the proposed amendment will not place a burden upon existing or planned service capabilities. This statement shall include how emergency services will be provided to the proposed area; and c. delineate the number of people who will reside in the 1-3 proposed area. This statement shall include the number of school -aged children and address the cultural and social service provision needs of the proposed population. The Department of Planning Services shall upon submission of a request to amend the Comprehensive Plan: (1) ensure that all application submittal requirements are met prior to initiating any official action; set a Planning Commission hearing date; arrange for legal notice of said hearing to be published one time in the newspaper designated by the Board of Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing; (4) arrange for a press release regarding the proposed amendment in order to inform as many Weld citizens and interested parties as possible; and (5) prepare a recommendation for consideration by the Planning Commission. (2) (3) E. The Planning staffs recommendation shall consider whether: (1) the existing Comprehensive Plan is in need of revision as proposed; and (2) the proposed amendment will be consistent with existing and future goals, policies, and needs of the County; 2510929 B-1566 P-557 09/13/96 03:58P PG 11 OF 72 INTRODUCTION In the case of an amendment to the I- 25 Mixed Use Development Area Map: a. the proposed amendment is adjacent to the existing I-25 Mixed Use Development Area Map; and b. the proposed amendment will not place a burden upon existing or planned service capabilities including, but not limited to all utilities infrastructure and transportation systems; and c. the proposed number of new residents will be adequately served by the social/cultural amenities of the community. F. The Weld County Planning Commission shall hold a public hearing to consider the proposed amendment to the Comprehensive Plan text and maps. The Planning Commission shall recommend approval or denial of the proposed amendment to the Board of Commissioners. G. The Planning Commission shall consider the proposed amendment, the Department of Planning Service's recommendation, and any public testimony and determine whether: (1) the existing Comprehensive Plan is in need of revision as proposed; and (2) the proposed amendment will be consistent with existing and future goals, policies, and needs of the County; 1-4 In the case of an amendment to the I-25 Mixed Use Development Area Map: a. the proposed amendment is adjacent to the existing I-25 Mixed Use Development Area Map; and b. the proposed amendment will not place a burden upon existing or planned service capabilities including, but not limited to all utilities, infrastructure and transportation systems; and c. the proposed number of new residents will be adequately served by the social and cultural amenities of the community. H. The Board of County Commissioners shall receive the Planning Commission recommendation and Planning staff recommendation at a public meeting. Receipt of the recommendation shall constitute the first reading of the Comprehensive Plan Ordinance. The second reading of the Ordinance shall take place not more than sixty (60) days after receipt of the Planning Commission's recommendation. The Board of County Commissioners may then proceed to a third and final hearing of the Comprehensive Plan Ordinance. At the close of the public hearing, the Board of Commissioners may amend the Comprehensive Plan according to the procedures established in Article 2510929 B-1566 P-557 09/13/96 03:58P PG 12 OF 72 INTRODUCTION III, Section 3-14 of the Home Rule Charter for Weld County. The Board of County Commissioners shall consider the proposed amendment, the Planning Commission's recommendation, and any public testimony and determine whether: (1) the existing Comprehensive Plan is in need of revision as proposed; (2) the proposed amendment will be consistent with existing and future goals, policies, and needs of the County; In the case of an amendment to the 1-25 Mixed Use Development Area Map: a. the proposed amendment is adjacent to the existing 1-25 Mixed Use Development Area Map, and b. the proposed amendment will not place a burden upon existing or planned service capabilities including, but not limited to all utilities, infrastructure and transportation systems; c. the proposed number of new residents will be adequately served by the social and cultural amenities of the community. 1-5 Tax Limitations and Planning Considerations The County mill levy has been lowered consistently since the adoption of the charter. The mill levy was 25.82 in 1975. The mill levy in 1994 is 22.457. The growth of the County's property taxation has been effectively limited by Section 14-7 of the Home Rule Charter. The two state constitutional limits, i.e. TABOR and Gallagher, work together in the following fashion to limit local government's ability to raise sufficient revenue to pay for the higher costs of government due to inflation and influx of new residents into the County. Prior to 1982, the share of residential property assessed value as a percentage of total statewide assessed value had been steadily creeping upward. The Gallagher Amendment provision in the 1982 Amendment 1 was to stabilize the share of residential assessed value in the total statewide property tax base at approximately 45%. By stabilizing the share of residential assessed value at 45% the share of property tax revenue collected from residential property owners was also stabilized. In essence, since 1983 about 45% of property tax revenue each year has been collected from residential property owners in Colorado. However, by fixing the residential share of property tax revenue collections at 45%, the tax burden has been shifted to all nonresidential property owners in the state. In 1991, the tax bill for residential property owners in Colorado was more than $223 million lower than it would have been had the original Gallagher provisions (which assessed residential property at a 21% rate) remained unchanged since 1983. From 1987 through 1991, the cumulative reduction was almost $750 million. Growth simply will not keep pace with a government's inflation adjusted spending limit that is also part of Amendment 1. The ability of governments to adjust the property tax rate (the mill 2510929 B-1566 P-557 09/13/96 03:58P PG 13 OF 72 INTRODUCTION levy) to generate the revenue needed to pay for the higher cost of government services was eliminated with the passage of 1992's Amendment 1. In order to comply with the Gallagher Amendment provisions of the 1982 Amendment I, each reassessment year the legislature must establish an assessment rate for residential property that will be used by taxing entities statewide. The rate for the 1994 tax year was 12.86%, down from 21% prior to the passage of Gallagher. The net effect of Gallagher is areas having high proportions of residential assessed value as a percent of their total property tax base will have large assessed value declines if the average increase in actual residential values does not keep pace with the decline in the residential assessment ratio. For example, as the statewide residential assessment ratio declined from 14.34% to 12.86% in 1992, a school district or county had to experience an average 11.5% increase in actual residential values (all else remaining equal) in order for total assessed value, and therefore revenue, to remain unchanged. The background information presented on the Home Rule Charter and its tax levy limitation and the state TABOR and Gallagher Amendments helps to explain the critically important relationship between the charter, state tax limitations, the comprehensive plan, and growth in Weld County. The County's ability to provide services under the existing budget limitations is significantly decreased by the combined effects of inflation, growth, and budget reductions at the federal and state levels. The only safety valve available to counties under TABOR is to end subsidies to mandated programs, such as Social Services to provide some property tax relief from social programs growing at a rate greater than inflation. The current economic, legislative, and growth conditions are not conducive to meeting all the needs and demands being placed upon local 1-6 government when the combined rate of inflation and growth are greater than the Home Rule Charter's 5% tax limitation or limits allowed by TABOR. As long as Weld County is responsible for the delivery of human services, including law enforcement and the maintenance of the extensive road and bridge program, the cost of county government will continue to increase. Because of the above economic and legislative factors, county representatives should make consistent decisions minimizing the cost of providing public services directing new growth to areas where county services exist or can be developed efficiently. The County still intends to help support and promote a diversified and stable economy. Given the facts about the County's limitations to generate revenue for providing facilities and services to new development, growth cannot pay for itself to the extent it does in other counties, especially residential growth. LOCATION Weld County contains approximately 4,004 square miles and is the third largest county in the State of Colorado. Weld County is bounded on the west by Larimer and Boulder Counties, on the east by Morgan and Logan Counties, on the south by Adams County and on the north by Wyoming and Nebraska. The largest municipality in Weld County is the City of Greeley, with a 1990 population of 60,454 people. The transportation in the County is provided by Interstate 1-25 and Highway 85 for north and south transit, Highway 14 and Highway 52 for east and west transit, Interstate 76 for more easterly travel, and the several Colorado highways which traverse the region as well as 3,274.5 miles of publicly maintained County roads. 2510929 B-1566 P-557 09/13/96 03:58P PG 14 OF 72 INTRODUCTION Figure 1. Locational Map Weld County is located in the northeastern portion of the state, in the Great Plains area, approximately 40 miles east of the Continental Divide. The County has elevations ranging from 4,400 feet above sea level at the egress of the Pawnee Creek to highs of approximately 6,200 feet above sea level in the northwestern portion of Weld. Weld County has a number of valuable streams and rivers including; the South Platte, the Cache La Poudre River, St. Vrain Creek, Crow Creek, Thompson River, and Kiowa Creek. The larger reservoirs in Weld include: Empire, Riverside, Milton, New Windsor, Lower Latham, and Black Hollow reservoirs. Located in the interior of the North American Continent, Weld County experiences wide temperature changes from season to season and rapid weather changes due to storms traveling from west to east throughout the region. The annual average mean temperature in Weld is 48.4 degrees Fahrenheit. The average rainfall amount to 11.96 inches and the average annual snow fall is 32.3 inches. The average growing season in Weld County is 142 days. 1-7 COUNTY POPULATION Because the growth rate has been approximately 25 percent per decade, which is more than triple the national average, it will be difficult to sustain this type of growth indefinitely. Approximately 85 percent of the population is located in an 800 square mile area in the southwestern part of the County. The 1990 population density for this area is approximately 149 people per square mile. In 1990, 131,821 people lived in Weld County which represented 4% of the total state population in 1990. The median age of Weld County residents in 1990 was 30.5 years compared with the state median age of 32.5 years. The sex distribution ration was similar for both Weld County and the state for this time frame (Table 1). The overall dispersion of Weld County's population resembles the state population with the exception of Weld County having proportionally a younger work force. Table 1. POPULATION CHARACTERISTICS Weld County and the State of Colorado 1990 WELD COUNTY w MALE 65,089 FEMALE 66,732 UNDER 5 10,389 5-17 26,624 18-64 81,354 65+ 13,454 STATE OF COLORADO % u % 49.4% 50.6% 7.9% 20.2% 61.7% 10.2% TOTAL 131,821 16,295 1,663,099 252,893 608,373 2,103,685 329,443 49.5% 50.5% 7.7% 18.5% 63.9% 10.0% 3,294,394 Median Age Total Households Persons per Household 30.5 47,470 2.69 32.5 1,282,489 2.51 2510929 B-1566 P-557 09/13/96 03:58P PG 15 OF 72 INTRODUCTION The Weld County 1990 population was mostly homogeneous with 77% of the Weld population classified as white, but the white population grew at a slower rate than the non-white population during this census period. A further breakdown of growth rates for the minority population reflects that the highest growth rates were in the Black population with a 35% annual growth rate, followed closely by the Native American population with an annual growth rate of 29.1%. Both the Hispanic and Asian/Pacific Islander populations grew at a 12% annual growth rate. Among all 63 counties in Colorado, Weld County ranks ninth in total population and population density. The County is classified as an urban county by the Demographic Section of the Colorado Division of Local Government. The significance of the County's population growth is its magnitude and distribution. Between 1980 and 1990 the State of Colorado grew at a rate of 14%. For this same period of time Weld County grew by 6.8% During this time all but two municipalities within Weld County increased in population. Most of the present growth in Weld County is occurring in the historically populated areas of the County. From 1980 to 1990 Weld County grew from the 10th to the 9th most populated county in the state. Population growth in Weld County is projected to average a compounded growth rate of 1.9 percent a year through 2010. This growth rate is slightly higher than the annual compounded growth rate of 1.65 percent projected for the State. A review of the historical and future projections of the population growth in Weld County reveals a steady increase in the total population every decade from 1900 to 2010, except 1930 to 1940. The population density per square mile increased from 4 people in 1900 to 32 people in 1990 and is projected by Colorado Division of Local Government to increase to over 42 people per square mile by 2010. 1-8 Figure 2. Population Distribution Percentage Based The Weld County median household income decreased from $26,236 in 1980 to $25,642 in 1990. (The Census defines a family as two or more related people living together by blood, marriage or adoption. A household can consist of a single individual. Families have more earners, on average, than households). The median family income for 1990 increased for the state by (1.7%) to $35,930 however, for Weld County it decreased by (1%) to $30,800. Lower educational attainment levels coupled with a surplus of lower skilled, younger workers may explain the disparity between the state and Weld County 1990 family income figures. Just as the median household size for the State of Colorado has declined over the past two decades. The median household size in Weld County decreased from 3.0 to 2.8 between 1970 and 1980. In 1980 the Weld County median household size of 2.7 followed state trends. The Weld County 1990 overall median household size of 2.8 grew slightly, 2510929 B-1566 P-557 09/13/96 03:58P PG 16 OF 72 INTRODUCTION however the owner -household size decreased to a median household size of 2.5 persons. Historically, Weld County has been considered an agricultural county; however in the 1990 census less than 40% of the County was classified as agricultural. For census purposes, the Bureau defined a farm or agricultural unit "as any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold, during the census year." Weld County has been classified by Colorado State University and the Colorado Department of Agriculture as one of the 11 farm important counties in the state, that is, 10 to 20 percent of the 1987 labor and proprietor income was derived from farming. While Weld County has a diversified economic base, the core economic activity continues to be agriculture. The base is further enhanced by major employers. The private sector maintains 82.98% of the total employment, and Weld County had a 1993 unemployment rate of 5.6%. 1-9 2510929 B-1566 P-557 09/13/96 03:58P PG 17 OF 72 INTRODUCTION TABLE 2. EXISTING 1995 LAND USE IN WELD COUNTY LAND CATEGORY Agricultural Research Farmland Forest Service (primarily Pawnee Grasslands) Urban -Type Development Commercial Industrial Residential (Subdivision) Wildlife Other Uncatagorized* * Total County Acres ACRES PERCENTAGE 500 2,086,292 .03 81.0 193,060 8.0 9,980 2,168 8,184 2,228 200,301 59,757 .4 .09 .3 .09 7.0 2.3 2,562,560 *100 * Rounded ** River bottom, roadways, geographical features Sources: 1. Colorado Division of Local Government - Demographic Section 2. Estimates Sand Projections of Total Population for Colorado Counties 1900-2000 1900. Denver, Colorado. 3. Weld County Planning Department - 1995 1-10 2510929 B-1566 P-557 09/13/96 03:58P PG 18 OF 72 INTRODUCTION TABLE 3. NUMBER OF ACRES IN MUNICIPALITIES IN WELD COUNTY TOWN ACREAGE Ault 395 Brighton 269.87 Broomfield 941 Dacono 999.16 Eaton 611.46 Erie 1,185.88 Evans 1,778 Firestone 803.24 Fort Lupton 2,360.61 Frederick 2,426.78 Garden City 85 Gilcrest 448 Grover 293.53 Greeley 17,966 Hudson 267.57 Johnstown 281.5 Keenesburg 333.99 Kersey 242.89 La Salle 344.35 Lochbuie 381.72 Longmont 160 Mead 435.74 Milliken 2,627.81 New Raymer 356.04 Northglenn 623 Nunn 640 Pierce 390 Platteville 421 Severance 148 Thornton 69.55 Windsor 3223.45 2510929 B-1566 P-557 09/13/96 03:58P PG 19 OF 72 INTRODUCTION TABLE 4. WELD COUNTY POPULATION BY MUNICIPALITIES WELD COUNTY 1980 123,438 Ault 1,056 Brighton(MCP) - Broomfield(MCP) - Dacono 2,321 Eaton 1,932 Erie (MCP) 1,231 Evans 5,063 Firestone 1,204 Fort Lupton 4,251 Frederick 855 Garden City 123 Gilcrest 1,025 Greeley 53,006 Grover 158 Hudson 698 Johnstown 1,535 Keenesburg 541 Kersey 913 LaSalle 1,929 Lochbuie 895 Longmont (MCP) Mead 356 Milliken 1,506 New Raymer 80 Northglenn(MCP) Nunn 295 Pierce 878 Platteville 1,662 Severance 102 Thornton - Windsor 4,277 Unincorporated 35,542 1990 131,821 1,107 17 4 2,228 1,959 1,244 5,877 1,358 5,159 988 199 1,084 60,454 135 918 1, 579 570 980 1,803 1,168 456 1,605 98 324 823 1,515 106 5,062 33,001 1993 (Estimates) 143,824 1,233 17 6 2,334 2,150 1,421 6,580 1,460 5,438 1,142 209 1,142 64,908 141 981 1,680 638 1,058 1,884 1,221 527 1,691 103 10 344 869 1,815 124 5,937 36,761 MCP. Only those portions located within Weld County. NOTE: Municipality estimates have been rounded to the nearest whole number. Source: Colorado Division of Local Government - Demographic Section. November 1994. Colorado Population Projections. 1-12 2510929 8-1566 P-557 09/13/96 03:58P PG 20 OF 72 INTRODUCTION THE WELD COUNTY ECONOMY While the Weld County economy has passed through major changes which have set the foundation for our future economy, no change has been more prominent than the transition in the economic base away from agriculture and natural resource extraction toward an economic base relying more on manufacturing and services than agricultural. Selected Economic Indicators Population, employment, unemployment, personal income, and earning by industry can be used to show where our economy has come from, where it is, and where it could be headed. County Residential Population 1970 1980 1990 89,797 123,438 131,821 As the population increases the number of available workers also expands. Between 1986 through 1993 Weld County has seen a noticeable increase in selected employment categories: Mining Manufacturing Trade Fire Services Government In 1987, the Weld County unemployment rate was more than 10%, and since this time there has been a steady decrease in unemployment rates. In 1993 the Weld County labor force was composed of 70,570 workers of these 5.6% were unemployed. However, in 1994 the number of workers jumped to 77,380 workers while the unemployment rate fell to 5.0% . (Source: Colorado Department of Labor and Employment, 1994). 2510929 B-1566 P-557 09/13/96 03:58P PG 1-13 In 1990 the labor force in Weld County was divided between different industries as follows: (Figure 3) Agricultural and mining Government Manufacturing Professional and related services Self-employed Wholesale and retail (Source: Colorado Department of Labor and Employment, 1994). Figure 3. Employment by Section 1994 Services 10,997 Manufacturing 9,943 Government 8,830 Retail Trade 8,445 Wholesale Trade 3,229 Construction 2,978 Finance, Insurance, Real Estate 2,191 Transportation 2,045 Misc. Agricultural Services 1,525 Mining (includes oil and gas) 1 061 ************************************* Total Non -Farming Farming All Industries Total 46,595 6 286 52,881 During the last decade, gains in personal income in Colorado and Weld County have been above the national average. According to the U.S. Bureau of Economic Analysis, per capita income increased by 10.9 percent. Leading sources of household income included agriculture, manufacturing, small manufacturing, and education. The wage gap between Weld County and the state appears to be decreasing somewhat. In 1992, the average annual wage for Coloradans in the all industries category was $25,041, for this same time Weld County's All Industry rate was $22,170. The 1992 wage gap was 87.09% however in 1993 this rate fell to 86.36% representing $25,681 and $22,179 respectively. 21 OF 72 INTRODUCTION EXISTING LAND USE The way land is presently used is one of the most important considerations in land -use planning. Most existing development continues into the future and has a strong influence on the pattern of development and land use in the County. The existing land -use pattern has been created through the process of early settlement and economic development. From the beginning of settlement in Weld County, economic activities have centered on agriculture. Trade centers were established to provide goods and services to those engaged in farming activities. Transportation routes and facilities were developed to move goods and people, and to facilitate economic development. Increases in urban type uses will bring about decreases in the land area dedicated for farmland. The percentage of urban type use is not as significant as the pattern of use. A dispersed pattern of urban type land uses make large scale agricultural operations difficult. Throughout the history of Weld County, population and economic growth required the development of previously undeveloped land. Future growth will require continued urban land area expansion within municipal urban growth boundary areas as well as small amounts of rural area development. Much of this expansion will, as it has in the past, require the conversion of land categorized as farmland to urban uses. The intent of efficient land use planning in Weld County is to, when possible, minimize the impact of development on agricultural lands. FUTURE LAND USE Through the comprehensive planning process, all types of costs associated with development (including economic and environmental) can be reviewed. An urbanization pattern created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long term 1-14 desirability. Without preparation for future land use patterns, it is difficult to anticipate locations for schools, parks, and traffic circulation systems that will not require additional improvements each time someone decides to develop. The costs of such additional improvements and the limitations of existing improvements lessen the development opportunities for adjacent landowners. The Comprehensive Plan promotes controlled or orderly urban expansion in relation to the existing and future land use patterns and establishes minimum guidelines for urban type growth within the County. Urban sprawl develops when an orderly pattern for growth and development cannot be achieved. Higher costs are incurred both initially and ultimately in providing public services to a sprawl growth area. Often, scattered development requires the extension of services through undeveloped areas. Extension of services through these undeveloped areas creates an under utilization of services, which contributes to higher service costs for all Weld County citizens. In addition to the economic considerations associated with urban development patterns, there is also the problem of competition and conflict between urban and rural land use interests. All of the 31 municipalities in Weld County are surrounded by farmland. As urban areas continue to expand, these resource lands are either directly converted to urban uses or are adversely influenced due to inherent conflicts between rural and urban activities. 2510929 B-1566 P-557 09/13/96 03:58P PG 22 OF 72 AGRICULTURE AGRICULTURE The State of Colorado is one of the most agriculturally productive states in the nation. Weld County is one of the most productive agricultural counties in Colorado, and accounts for 18% of the states' three million acres of irrigated farmland. The soil, topography, and irrigation system support this extensive agricultural industry. Weld County's significant amount of irrigated and non -irrigated farmland produces a wide variety of crops. Crops produced in Weld County are onions, sugar beets, pinto beans, potatoes, corn, alfalfa, wheat, carrots, barley and sorghum, in addition to other speciality crops. Many of the feed crops are utilized locally by the livestock industry. For example, most of the corn grown in the area, both silage and grain, is used for feed at commercial feedlots, farm feedlots, and dairies. Significant numbers of sheep, swine and turkeys also use the feed crops from the area. A summer fallowing rotation program is practiced on the non -irrigated farmland. Summer fallowing is necessary to store enough moisture for sustained high yields. Water is delivered to farmland through some of the largest and most complex reservoir and irrigation ditch systems in the world. The primary system is the Colorado Big Thompson project which makes water available from Colorado's Western Slope. In addition, shallow and deep wells made possible by the existence of deep broad aquifers are productive sources of irrigation water. The development of these resources and features has made agriculture an important industry in Weld County since the founding of the Greeley Union Colony in 1870. UNDERSTANDING THE AGRICULTURAL INDUSTRY AND ITS BENEFITS The agricultural industry in Weld County is a complete farm and food system. This system begins with growing and raising farm produce and ends as a product ready for purchase by consumers 2-1 after it has been processed and transported to the market place. The following have a role in the County's farm and food system: 1. There are approximately 3,100 operators of livestock, poultry, vegetable, fruit, nursery, and grain farms located in the County. 2. The more than one third of the County's farmers who listed farming as their secondary occupation in the 1992 Census of Agriculture. 3. Those who offer farm related products and services. Examples of these local industries are fertilizer and chemical product companies, suppliers of feed (grain, livestock, and poultry) implement dealers, energy and petroleum product companies, well, pump and irrigation companies, veterinarians, aerial crop sprayers, farm laborers, commercial lending institutions, insurance and transportation industries. 4. Those who purchase products grown and raised on farms for manufacturing, processing, and distribution. Examples of these local industries are meat, egg, dairy and vegetable processing and distributing facilities, and bakeries. 5. Grocery stores and other food retailers. 6. Restaurant and other food catering businesses. The agricultural industry is an important element in the Weld County economy. The market value of agricultural products and the chain of purchases related to agricultural production contributes significantly to the County's economy. Every dollar that the fanner spends to increase agricultural production creates additional dollars spent on 2510929 B-1566 P-557 09/13/96 03:58P PG 23 OF 72 AGRICULTURE activities related to production. For example, activities such as livestock processing will require purchases of feeder cattle, breeding stock, feed, water, machinery, fuel, labor, transportation, government services, and capital (banks and savings and loans). Food processing and related products contribute significantly to the manufacturing economy of Weld County. There are additional impacts to other areas of the economy such as retail and wholesale trade and transportation services. Croplands in the agricultural district also provide natural open -space areas. A principal benefit derived from open space is relief from more intense urban uses conducted in a municipality. Open - space buffers help maintain a sense of rural identity and diversity. These buffers also allow communities to maintain separate identities, while preserving productive farmland. As a secondary benefit, farmland preservation helps to maintain natural systems and natural processes. These include the preservation of wetlands, small watersheds, aquifer recharge areas, flood plains, and special wildlife habitats. While fanning has the potential to damage sensitive natural areas and processes, farming can and should be a completely compatible use. Most fanning operations are sensitive to these natural systems and processes and may even enhance them. Concerns of Farming as an Industry Most of the County's first citizens were engaged in fanning activities. During this time it was necessary for farming operations and the community to be in close proximity. Because of these settlement patterns of the County's first citizens, and because these areas have proven attractive as sites for expanding communities, some of the most highly productive agricultural land borders urban population centers. As municipalities continue to grow, their expansion encroaches on farm operations. According to (1994) statistics 2-2 provided by the state demographer, the population in Weld County is expected to grow 15.7 percent from 1990 to 2000 indicating that the competition for land will continue. The pressure to use land for other than agricultural purposes is the result of complex private and public decisions. Residential and commercial development, and location of highway and infrastructure are examples of uses which have a powerful impact on whether or not agricultural land will be converted to other uses. Tension between farming and nonfarming uses is occurring from restrictions on normal farming practices in areas encroached upon by residential, commercial, and industrial uses. Many of the problems stem from unrealistic expectations of those seeking a rural lifestyle. It is important that Weld County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial, and industrial uses. Farmers and developers depend upon the consistent interpretation and administration of the Comprehensive Plan, Zoning, and Subdivision Ordinances. Using these documents to make consistent land -use decisions reinforce the usefulness as an information and decision making tool on land -use decisions made by private parties as well as public officials. WELD COUNTY AGRICULTURE Weld County Prime Farmland Definition The availability of a consistent supply of clean water must exist in order to have prime farmland. Prime and prime if irrigated lands fall into upper capability classes as defined by the Soil Conservation Service and Colorado State University Cooperative Extension Service and should be protected equally if irrigation water is available and they are located within a reasonable distance of water delivery structures. 2510929 B-1566 P-557 09/13/96 03:58P PG 24 OF 72 AGRICULTURE Weld County Non -Prime Farmland Definition Non -prime farmland is low capability land that is not considered important land for food production. It maybe composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies. Weld County Agricultural Goals and Policies have been developed to support and preserve the agricultural industry and farming activities. These goals and policies also address the County's responsibility to manage, accommodate, and ensure that adequate public services are available for residential, commercial, and industrial growth which is expected to occur. Agricultural Goals and Policies: A. Goal 1. Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. A.Policy 1. Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses. The availability of a consistent supply of clean water must exist in order to have prime farmland. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses (the land could be cropland, pastureland, 2-3 rangeland, forest land, or other land, but not urban built-up land or water). It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. Prime farmlands are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. (U.S. Department of Agricultural, Soil Conservation Services [Special Series 17]. January 1980: additional supplements). A.Policy 1.1 The County should consider various methods of agricultural land preservation techniques. A.Goal 2 Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. A.Policy 2. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. Agricultural business and industries are defined as those which are related to ranching, livestock production, farming, and agricultural uses. 2510929 B-1566 P-557 09/13/96 03:58P PG 25 OF 72 AGRICULTURE A.Goal 3. Discourage residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities. A.Policy 3. Conversion of agricultural land to residential, commercial, and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or I-25 Mixed Use Development area and urban development nodes. This policy is intended to promote conversion of agricultural land in an orderly manner which is in harmony with the phased growth plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban -type uses. In addition, this policy is expected to contribute to minimizing the costs to Weld County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. A.Policy 3.1 If it is determined that a public facility, service improvements or maintenance are required by a development, the developer will be required to pay for the costs of the public facility and service improvements and maintenance. The methodology for compensation should be determined during the land use application review process. The developer shall submit all of the following: A.Policy 3.1.1 Information which accurately identifies all users of the infrastructure improvements and maintenance; 2-4 A.Policy 3.1.2 A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; A.Policy 3.1.3 A proposal that identifies the appropriate time that infrastructure improvements and maintenance charges should be applied; and A.Policy 3.2 A municipality's adopted comprehensive plan goals and policies will be considered when an agricultural business is proposed to be located within an urban growth boundary area. A.Goal 4. Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County. A.Policy 4. Applications for the division of land which is zoned agricultural shall be reviewed in accordance with all potential impacts of the division on the agricultural community. The criterian shall include but not be limited to: A.Policy 4.1 Soil Classifications; A.Policy 4.1.2 Agricultural productiveness of the site; A.Policy 4.1.3 Availability of existing infrastructure and utilities; A.Policy 4.1.4 The level of development associated with the site; 2510929 B-1566 P-557 09/13/96 03:58P PG 26 OF 72 AGRICULTURE A.Policy 4.1.5 Utilization of existing housing; A.Policy 4.1.6 Feasibility for continued farm production on the site; A.Policy 4.1.7 The fiscal impacts on Weld County; and A.Policy 4.1.8 Utilize techniques such as easements, clusters, building envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs. A.Goal 5. The extraction of mineral and oil and gas resources should preserve or minimize the impact on prime agricultural land. A.Policy 5 Weld County encourages oil and gas drilling activities to be coordinated with seasonal production schedules; and A.Policy 5.1 When feasible, existing service roads should be utilized to provide access for oil and gas activities. A.Goal 6. Public facilities and services such as sewer, water, roads, schools, and fire and police protection must be provided and developed in a timely, orderly, and efficient manner to support the transition of agricultural land to urban development. The expansion of public facilities and services into predominantly rural agricultural areas, when the expansion conflicts with other existing goals and policies, will be discouraged. In evaluating a land -use application, Weld County representatives and the applicant will 2-5 consider the public facilities and services goals and policies. A.Policy 6. Weld County will encourage developers and utility providers to deliver urban services prior to development. A.Goal 7. Protect agricultural land from encroachment by those urban uses which hinder the operational efficiency and productivity of the agricultural uses. A.Policy 7. Weld County recognizes the "right to farm". In order to validate this recognition Weld County has established an example covenant which should be incorporated on all pertinent land use plats. (A copy of this covenant is located in the Appendix). A.Goal 8. Water currently associated with a farm or rural unit of land should be retained for agricultural uses. A.Policy 8. Regulations which discourage the out of basin transfer of water will be incorporated into Weld County Ordinances. A.Goal 9. The minimum lot size of parcels in the Agricultural zone district should remain at 80 acres to encourage parcels large enough to retain viable farming operations or to accommodate modern agricultural equipment and irrigation practices. Lots of lesser size are not generally practical to farm due to large scale management practices existing today. 2510929 B-1566 P-557 09/13/96 03:58P PG 27 OF 72 URBAN GROWTH BOUNDARIES URBAN DEVELOPMENT Population and economic growth will create a demand for conversion of land to urban uses. The urban development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can more easily be provided, i.e., to existing municipalities and the I-25 Mixed Use Development area. The County recognizes that it is appropriate for its municipalities to plan for growth at their current boundaries and in the surrounding areas. To accomplish this the County and the municipalities should cooperate in joint planning efforts to achieve a consistent vision. The urban development section addresses the preservation of agricultural land by encouraging efficient development and discouraging urban sprawl. These goals and policies reflect a basic commitment to conserving natural and managed resources while directing growth and enhancing economic development through efficient use of infrastructure. Urban Growth Boundaries Efficient and orderly land development and the preservation of agricultural land require that urban type development take place in or adjacent to existing municipalities. Development is encouraged within municipal boundaries where public services such as water, sewer and fire protection are available. Development adjacent to municipalities is appropriate if municipal services can be extended to serve the area, and if the municipality wants to expand in that location and manner. Orderly development in the area surrounding a municipality requires coordination between the County and the municipality. This coordination is achieved by three methods: the three mile referral, intergovernmental urban growth boundary agreements, and the standard 1/2 mile urban growth boundary. 3-1 Weld County in accordance with state statutes refers land use proposals for review and comment to any jurisdiction within three miles of the site of the proposed change. The municipality is given an opportunity to comment, and the comments are considered by the Planning Commission and the County Commissioners when they vote on the proposed land use change. Regardless of any other agreements between a municipality and the County for growth and service areas, the County will continue the three mile referrals. The intergovernmental urban growth boundary agreement is by far the best tool for coordinating development at the municipality/county interface. In the spring of 1994, County Commissioners began contacting each municipality and challenged them to establish their own tailor-made growth areas. Believing each community can and should direct its own growth, the Commissioners imparted three criteria to guide the municipalities: 1. Growth should pay for itself in terms of initial costs, and in the long range, through good design and functional efficiency. 2. Annexation patterns should directly correlate with municipal service areas. 3. Infill of communities is a far more efficient use of land than urban sprawl. When growth at the municipality/county level is not coordinated, some of the problems that can occur include roads that do not tie into each other, inconsistent engineering standards, the provision of municipal services by a hodge-podge of special districts, and the most obvious problem of incompatible adjacent land uses. Besides addressing these problems, the urban growth boundary agreement can be used to preserve open space corridors between municipalities or to protect important wildlife habitat, natural and scenic areas. 2510929 B-1566 P-557 09/13/96 03:58P PG 28 OF 72 URBAN GROWTH BOUNDARIES When a municipality and the County enter into an urban growth boundary agreement, the County agrees to abide by the municipality's vision for future development in the area. Likewise, the municipality agrees to limit its expansion to the defined areas where it plans to provide municipal services. It is understood that urban growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. In the absence of an urban growth boundary agreement, the County recognizes a standard urban growth boundary. This is a one-half mile perimeter from the existing public sanitary sewer facilities. The definition of facilities is limited to public sewer lines in place at the time of adoption of this Ordinance. The perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside the municipal service area boundary, urban type uses and services are planned and annexation is encouraged. Urban Growth Boundaries Goals and Policies UGB.Goal 1 Weld County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. UGB.Policy 1 Weld County recognizes that municipalities can and should plan their own futures in terms of the nature and rate of growth; UGB.Policy 1.1 Revise intergovernmental agreements as required by changing conditions. UGB.Goal 2 Concentrate urban development in or adjacent to existing municipalities or the I-25 Mixed Use Development area and maintain urban growth boundary areas that provide an official designation between future urban and non -urban uses. 3-2 UGB.Policy 2 Land use development proposals within an urban growth boundary area will be determined according to the procedure set forth in an intergovernmental agreement between the County and the municipality. In the absence of an intergovernmental agreement, land use proposals in urban growth boundary areas shall be encouraged if they adhere to the intent of the Weld County Comprehensive Plan and the referral responses received. UGB.Policy 2.1 Individuals making initial contact with the County regarding land use development should be informed of the policy of directing growth to, or adjacent to, municipalities and the I-25 MUD; and UGB.Policy 2.2 Until intergovernmental agreements are in place, urban growth boundaries will be defined as a one half mile perimeter around the existing public sanitary sewer facilities. UGB.Goal 3 The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting orderly development. UGB.Policy 3 The County may consider approving a land use development within an urban growth boundary area, in the absence of an intergovernmental agreement, if all of the following criteria are met: UGB.Policy 3.1 The adjacent municipality does not consent to annex the property or annexation is not legally possible; 2510929 B-1566 P-557 09/13/96 03:58P PG 29 OF 72 UNINCORPORATED COMMUNITIES UGB.Policy 3.2 The proposed use, including public facility and service impacts, is compatible with the County's Comprehensive Plan and with other urban type uses; UGB.Policy 3.3 The proposed use is compatible with the adjacent municipality's comprehensive plan; UGB.Policy 3.4 Public services are provided to the proposed site with maximum efficiency and economy. The applicant must submit financial data and analysis on direct and indirect public service impacts, including those on roads, schools and public safety. Data on public costs and potential revenue, demonstrate that the proposed use is economically neutral or beneficial to the County; and UGB.Policy 3.5 If public facility or service improvements are required by a development, and will not be provided by the adjacent municipality, the developer will pay these costs initially. A method of reimbursement for these costs will be determined in the land use application review process. The method of reimbursement will depend upon the following information, which the developer must supply; a. Identification of all current and future users of the public facilities or services; b. A proposal to equitably share these costs among users; and c. A time schedule for apportionment of the charges among users and reimbursement to the developer. UGB.Goal 4 Whenever possible, open space within a development should be connected to existing open space. This would create a system in which fanning can be 3-3 implemented, wildlife can move through, and visual qualities can be maintained. UNINCORPORATED COMMUNITIES Weld County's rural areas contain a number of small unincorporated residential communities that are surrounded by agricultural districts and agricultural uses. These communities provide housing for those employed in agricultural and other industries. The communities also serve as small commercial centers for surrounding farm areas. With few exceptions, these settlements have had little or no growth since their inception. Substantial population growth is not anticipated in these communities due to the lack of community water and/or sewer facilities and because of their remote locations. These settlements will probably continue to function as small rural centers serving the needs of the surrounding rural population. Unincorporated Community Goals and Policies UC.Goal 1 Assure proper location and operation of compatible land uses by maintaining land -use regulations within unincorporated communities. UC.Policy 1 Expansion of existing unincorporated communities will be based on the following criteria: UC.Policy 1.1 Urban growth boundary goals and policies should apply in reviewing land -use applications which are adjacent to or propose to expand existing unincorporated communities; and UC.Policy 1.2 Additionally, any goals and policies adopted for a particular type of development will also be used for review and evaluation. For example, the planned 2510929 B-1566 P-557 09/13/96 03:58P PG 30 OF 72 INDUSTRIAL unit development goals and policies would also apply when reviewing a planned unit development application adjacent to an unincorporated community. UC.Goal 2 Maintain the rural character of these settlements. UC.Goal 3 Accommodate new development primarily through infill of existing vacant platted lots. UC.Goal 4 Maintain urban growth boundary areas that provide an official definition between future urban and agricultural land uses. INDUSTRIAL DEVELOPMENT Industrial development is typically oriented toward transportation facilities and is located where traffic, noise, air and visual pollution conflicts with residential, commercial, and agricultural uses are minimal. It is the County's intent to accommodate industrial development proposals in accordance with the urban growth boundary and I-25 mixed - use development and urban development nodes goals and policies defined in the Mixed Use Development area section of this plan. Land zoned for industrial use is found in almost every municipality in the County. This dispersed pattern allows for local job opportunities. Industrial Goals and Policies I.Goal 1 Encourage the expansion and diversification of the industrial economic base. I.Goal 2 Accommodate new industrial development within planned industrial areas. 3-4 I.Goal 3 Ensure that adequate and cost effective services and facilities are available. I.Goal 4 Promote industrial development that is appropriately located in relation to surrounding land uses, and that meets necessary environmental standards. I.Policy 4 Proposed industrial development or expansion of existing industrial uses should meet federal, state, and local environmental standards. In addition, the criteria for evaluation will include, but not be limited to, the effect the industry would have on: I.Policy 4.1 The natural environment, including air, water quality, natural drainage ways, soil properties and other physical characteristics of the land; I.Policy 4.2 The compatibility with surrounding land - use in terns of: general use, building height, scale, density, traffic, dust, and noise; I.Policy 4.3 The access between public roads and the proposed industrial development or district. The land -use applicant will demonstrate to the satisfaction of the Board of County Commissioners, that the street or highway facilities providing access to the property are adequate in size and quality to meet the requirements of the proposed district or development. Internal road circulation, off-street parking, acceleration lanes, deceleration lanes, common access collection points, signalization, and other traffic improvements should be required wherever necessary to mitigate traffic impacts caused by the development. 2510929 B-1566 P-557 09/13/96 03:58P PG 31 OF 72 COMMERCIAL I.Policy 4.4 Encourage development that is sensitive to natural patterns and suitabilities of the land; and I.Policy 4.5 Visual and sound barrier landscaping should be required to screen open storage areas from residential uses or public roads. I.Goal 5 Achieve a well balanced, diversified industrial base in order to provide a stable tax base and to provide a variety of job opportunities for Weld County citizens. I.Policy 5 An application for industrial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and industrial goals and policies. 1.Policy 5.1 A good working relationship between the public and private sectors is essential. The County should continue its support of organizations which foster this relationship; and I.Goal 6 All new industrial development should pay its own way. I.Policy 6 An application for industrial development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and industrial goals and policies; I.Policy 6.1 An application for industrial development 3-5 within an area designated for agricultural use and located outside of an area as an Urban Growth Boundary area should be reviewed in accordance with the agricultural and industrial goals and policies; I.Policy 6.2 Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection, school site acquisition, increased road maintenance, road construction or expansion, emergency services, the extension of utilities, and the increased demand or need for open space and other services provided by local governments. COMMERCIAL DEVELOPMENT The urban growth boundaries and the I-25 Mixed Use Development areas are the areas intended to accommodate commercial development. Commercial development will occur in the urban growth boundary as a result of municipal growth and the utilities, public facilities, and services planned in the future. The I-25 Mixed Use Development area has also been the focus of capital improvements and services, primarily through the creation of special districts. Commercial Goals and Policies C.Goal I Encourage the expansion and diversification of the commercial economic base. C.Goal 2 Ensure the compatibility of commercial land uses with adjacent land uses. 2510929 B-1566 P-557 09/13/96 03:58P PG 32 OF 72 COMMERCIAL C.Goal 3 New development should either be located in areas free of natural hazards, such as wildlife, geologic hazards, floods and high winds, or be designed to mitigate the hazards. C.Policy 2 Applications for commercial development should be reviewed according to all applicable Comprehensive Plan goals and policies; C.Policy 2.1 Applications for commercial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and commercial goals and policies; C.Policy 2.2 New commercial development should demonstrate compatibility with existing surrounding land use in terms of: general use, building height, scale, density, traffic, dust, and noise; and C.Policy 2.3 Neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only of neighborhood oriented business. Commercial uses that service a greater area than the neighborhood and create undesirable impacts, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. C.Goal 3 Ensure that adequate public services and facilities are available to serve the commercial development or district. 3-6 C.Policy 3 The land -use application will demonstrate, to the satisfaction of the Board of County Commissioners, that the street or highway facilities providing access to the property are adequate in width, classification, and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed commercial development or district should be granted only after consideration is given to the land uses and traffic patterns, in the area of development and the specific site. Internal road circulation, off-street parking, acceleration and deceleration lanes, common access collection points, signalization, and traffic improvements should be required wherever necessary to mitigate traffic impacts caused by the development. C.Goal 4 Recognize the impact of new development on the natural environment and develop measures to mitigate these. C.Policy 4 Require environmentally sensitive designs for development that preserves desirable natural features, create favorable space for wildlife, and minimize pollution; C.Policy 4.1 Promote efficient utilization of water resources; C.Goal 5 Ensure maintenance of a quality commercial environment which is free of unsightly materials including inoperable vehicles, unscreened outdoor storage of items, refuse and litter. 2510929 B-1566 P-557 09/13/96 03:58P PG 33 OF 72 RESIDENTIAL C.Policy 5 Commercial developments should be designed in a manner which minimizes pedestrian/vehicle conflicts, negative visual impacts, and creates an awareness of the natural environment. C.Goal 6 Encourage the infill of existing commercial developments and provide an environment which supports growth for existing business. C.Goal 7 All new commercial development should pay its own way. RESIDENTIAL DEVELOPMENT The urban growth boundaries and the I-25 Mixed Use Development area are intended to accommodate residential development. The Zoning Ordinance identifies low, medium, and high density residential uses. These three designations recognize differences among residential environments. The intent is to establish residential areas which reflect particular life style choices, including dwelling unit type, density, environmental setting, and convenience levels. Supporting utilities and public services and related facilities are essential to any residential development. Recognition of this has led the public sector to require that residential development be accompanied by provisions for adequate facilities and services. The fiscal constraints upon Weld County government will not permit indiscriminate development with no regard for how such services and facilities will be provided. Residential Goals and Policies R.Goal I Promote the development of affordable, quality housing for all Weld County residents. 3-7 R.Policy 1 Opportunities for multiple -family and manufactured home developments should be provided to encourage lower -cost renter and owner occupied housing; R.Policy 1.1 Affordable housing developments should be located within a reasonable walking distance to shopping, schools, and parks, or have access to public transportation; R.Policy 1.2 Affordable housing developments for senior citizens should locate within a reasonable distance of community centers, parks, and shopping areas, or where transportation services can be provided to enable access to these activity areas; and R.Policy 1.3 Affordable housing developments should not be located in undesirable places such as near railroad lines, industrial uses, or other potential nuisance areas unless design factors are included to buffer the development from incompatible uses. R.Goal 2 Ensure that adequate public services and facilities are available to serve the residential development or district. R.Policy 2 The land -use applicant will demonstrate, to the Board of County Commissioners, that adequate sanitary sewer and public water systems are available to all residential development, and that the street or highway facilities providing access to the property are adequate in width, classification, and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed residential development or district should be granted only after consideration is given to the land 2510929 B-1566 P-557 09/13/96 03:58P PG 34 OF 72 PLANNED UNIT DEVELOPMENT uses and traffic patterns in the area of development and the specific site. Internal road circulation, off-street parking, acceleration and deceleration lanes, common access collection points, signalization, and traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the development; R.Policy 2.1 Applications for residential development should be reviewed in accordance with all applicable Weld County Comprehensive Plan policies and goals. R.Goal 3 Promote efficient and cost-effective delivery of public facilities and services to residential development or districts. R.Policy 3 Weld County should encourage a compact form of urban development by directing residential growth to urban growth boundary areas and to those areas where urban services are already available before committing alternate areas to residential use. R.Policy 4 All residential development proposals should be reviewed in accordance with all state and federal standards including but not limited to the requirements of the Clean Water and Clean Air Acts. R.Policy 5 New residential development should demonstrate compatibility with existing surrounding land -use in terms of: general use, building height, scale, density, traffic, dust, and noise. 3-8 R.Policy 6 Conservation of natural site features, such as topography, vegetation, and water courses should be considered in the project design. R.Goal 4 All new residential development should pay its own way. PLANNED UNIT DEVELOPMENT The Planned Unit Development (PUD) is intended as an alternative means for development by allowing a departure from the standard land -use regulations. When development is planned as a unified and integrated whole it is not intended to be used to circumvent or distort the goals, policies, or requirements of the Weld County Comprehensive Plan, Zoning and Subdivision Ordinances. The objective of the Planned Unit Development is to encourage flexibility and variety in development. Planned Unit Developments can benefit Weld County citizens by promoting more efficient use of land, greater provision of open -space, and improved aesthetics. Planned Unit Development Goals and Policies PUD.GoaI 1 Maintain land -use regulations that allow county officials to review development proposals which combine uses by right in two or more zone districts, or which in some manner qualify as a planned unit development according to the definition on Page 7 in the Weld County Subdivision Ordinance. "A zoning district which includes an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, 2510929 B-1566 P-557 09/13/96 03:58P PG 35 OF 72 PLANNED UNIT DEVELOPMENT the plan for which may not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land -use regulations" (Subdivision Ordinance, Page 7, 1995). PUD.Policy 1 An application for a planned unit development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and planned unit development goals and policies; PUD.Policy 1.1 An application for a planned unit development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and planned unit development goals and policies; and PUD.Policy 1.2 An application for a planned unit development in areas designated for agricultural use should be reviewed according with the agricultural and planned unit development goals and policies. PUD.Goal2 Encourage creative approaches to land development which will result in environments of distinct identity and character. PUD.Goal 3 Ensure that adequate public services and facilities are available to serve the Planned Unit Development or district. PUD.Goal 4 Promote efficient and cost-effective delivery of public facilities and services in the planned unit development or district. PUD.Policy 4 A proposed planned unit development or expansion of an existing planned unit development should be subject to the following provisions or other adopted regulations by the Board of County Commissioners; PUD.Policy 4.1 The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development. Design elements to be considered include, but are not limited to: general use, scale, density, architecture, distance between buildings, building setbacks, building height, street design, traffic impacts, off-street parking, open - space, privacy, signage, screening, and landscaping; PUD.Policy 4.2 A planned unit development which includes a residential use should provide common open -space free of buildings, streets, driveways or parking areas. The common open -space should be designed and located to be easily accessible to all the residents of the project and usable for open -space and recreation. Some planned unit developments may not require common open -space depending on their type, style, and density; PUD.Policy 4.3 The developer should provide for perpetual maintenance of all commonly shared land and facilities. Weld County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the planned unit development; PUD.Policy 4.4 Conservation of natural site features, such as topography, vegetation, and water courses should be considered in the project design; and 3-9 2510929 B-1566 P-557 09/13/96 03:58P PG 36 OF 72 PLANNED UNIT DEVELOPMENT the Transportation Section of this Plan. Access to properties should preserve the existing or future function of roads and highways affected by the proposed development. All development circulation systems should be designed so that it does not disrupt highway travel. Traffic to be generated by the proposed development must conform to the recommendations of the Weld County Public Works Department and the Colorado Department of Transportation. Dedication and improvement of roads and frontage roads may be required as a condition of development. PUD.Goal 5 All new planned unit development should pay its own way. THE I-25 MIXED -USE DEVELOPMENT AREA (I-25 MUD) AND URBAN DEVELOPMENT NODES The presence of an interstate and state highway system and the external growth pressures from the Longmont Metropolitan Area have created an interest in land speculation, development, and population growth in the I-25 Mixed Use Development area. Interest in the area has already led to the creation of facilities and utilities which attract development. The infrastructure in the area exists at varying stages of development, service capacity, and efficiency. The I-25 Mixed -Use Development area provides a unique and challenging opportunity for the establishment of an on -going planning process in an area which is experiencing increased growth and development. This district is intended to be an area which will accommodate most of the development which may occur as a result of the planned infrastructure and services existing and developing in the area. The area allows residential, commercial, industrial, and institutional uses to occur after they have been reviewed and approved according to the Planned Unit Development (PUD) 3-10 application process. The Planned Unit Development process is an approach which promotes freedom, flexibility, and creativity. The increased flexibility allows the landowner to work with site constraints and land -use compatibility problems with abutting properties. Development in the I-25 Mixed Use Development area requires an extensive system of services and facilities in order to maintain a quality working and living environment. It also requires careful consideration of surrounding land uses and affected municipal and county comprehensive plans in order to promote desirable land uses while protecting natural areas, and water quality. Historically, the lack of an adequate sanitation sewer system was a deterrent for development in the area because the individual sewer systems operating were not available for purposes of expansion, and they had poor performance records according to the Colorado Department of Health. Furthermore, based on soil types and ground water it is possible that the numerous septic tank and leach field systems have contributed to the ground water degradation and potential pollution in this area. However, with the intervention of the St. Vrain Sanitation System, a totally supported sanitation system now allows a high quantity of growth to exist and expand. EXISTING SERVICE PROVIDERS IN THE I- 25 MIXED -USE DEVELOPMENT AREA. 2510929 B-1566 P-557 09/13/96 03:58P PG 37 Domestic Water: Left Hand Water Supply Company, Little Thompson Valley Water District, Longs Peak Water Association, and Central Weld County Water District; Sanitation: The St. Vrain Sanitation District; Gas: Public Service Company of Colorado; Electric: United Power School: St. Vrain (RE -1J); Law Enforcement: Weld County Sheriffs Department; OF 72 PLANNED UNIT DEVELOPMENT Law Enforcement: Weld County Sheriffs Department; Fire: Mountain View Fire Protection District; Ambulance: - Tri-Town and Longmont; and Highway and Roads: - Colorado Department of Transportation and Weld County Public Works. An Urban Development Node is defined as: 1. A site location of concentrated urban development located along or adjacent to the intersection of two or more roads in the state highway system, or; 2. An Urban Development Node is a major concentration of development that requires appropriate infrastructure, well designed and managed road access and high visibility. The boundaries of these areas are identified as being located within a 1/4 mile radius of two or more roads in the state highway system. The development standards in these areas are based upon the impacts which urban development will have on the landform, requiring the application of urban use standards which are located in the Weld County Zoning Ordinance. The Urban Development Nodes are delineated on the Urban Growth Boundaries Map located in the back cover of this plan. MUD.Goal 1 To plan and to manage growth within the I-25 Mixed Use Development area and Urban Development Nodes so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area. MUD.Policy 1 An I-25 Mixed Use Development area and Urban Development Nodes should be 3-11 established and delineated on the Weld County Conceptual Land -Use Map. MUD.Goal 2 To assure a well -integrated, balanced, transportation system which meets the public need with maximum efficiency, comfort, safety, and economy. MUD.Policy 2 All proposals for commercial, industrial, and residential development within the I- 25 Mixed Use Development area and Urban Development Node overlay district should use the Planned Unit Development (P.U.D) application process and regulations. The Planned Unit Development process will allow developers flexibility and variety needed to offer a range of products, services, and uses. It will also give the developer an opportunity to explain the development plans to surrounding land owners and the County so that important information about land use compatibility and about any services, facilities, or utilities needed to serve the proposal are determined to be adequate. MUD.Goal 3 To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and general welfare of the present and future residents of Weld County and the area. 2510929 B-1566 P-557 09/13/96 03:58P PG 38 OF 72 2510929 B-1566 P-557 09/13/96 03:58P PG 39 OF 72 1-25 MIXED USE DEVELOPMENT AREA MAP #2 3-12 PUBLIC FACILITIES MUD.Policy 3 New development should avoid adverse impacts to surface and ground water quality and should implement techniques to conserve such resources. All planned unit developments within the Mixed Use Development area shall use the sanitary sewage disposal facilities provided by the appropriate sanitation districts. All Planned Unit Development water supply systems should be provided by a rural water district, company, association, or municipality. MUD.Goal 4 To maintain and improve the existing natural state of the environment. MUD.Policy 4 Density in the Mixed Use Development area will be governed by a Bulk Floor Area Standard which correlates buildable lot sizes with open space allocations. MUD.Goal 5 The coordination of other municipal, county, regional, and state growth policies and programs which include this area should be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services and to provide economies of scale. MUD.Policy 5 New development should demonstrate compatibility with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust, and noise. MUD.Goal 6 To assure that new development occurs in such a manner as to maintain an attractive working and living environment. MUD.Policy 6 New developments should be encouraged to use innovative siting and design techniques to enhance prime visual features such as the Front Range, the St. Vrain River, and other natural drainage ways; MUD. Policy 6.1 New commercial development should be characterized by quality architectural design. Design features shall include: landscaping plans for the entire development, efficient on -site traffic circulation plans with a minimal number of access points to state and county roads, low profile advertising signs, and sensitive facade treatment; MUD.Policy 6.2 New industrial development should be designed to compliment the natural environment and exhibit a "campus -like" atmosphere; MUD.Policy 6.3 Landscaping requirements should be determined for the perimeter of the development by reviewing the density of the proposed land -use development and comparing it to the surrounding land -uses. For example, denser planting should be required between a residential use and an industrial use than between a residential and small office use. In the case of extreme disparity between adjacent land -uses, structured buffers to include distance, walls, or beans may be required; MUD.Policy 6.4 The clustering concept of residential units should be encouraged to reduce development and maintenance costs, preserve natural features, and maximize open space; MUD.Policy 6.5 New junkyards, salvage yards, landfills, and uses with open storage areas should be encouraged to locate in areas where they can 3-13 2510929 B-1566 P-557 09/13/96 03:58P PG 40 OF 72 PUBLIC FACILITIES be visually screened and can conform to health and safety regulations. Existing salvage yards and uses with open storage areas are encouraged to visually screen or to relocate to more compatible areas. The intent is to locate uses with an unattractive appearance and the potential to create adverse land use impacts to areas where they will not be a negative inducement for additional high quality development; MUD.Policy 6.6 New developments, including major public utility facilities, should mitigate adverse visual impacts caused by outside storage, building scale, disturbed native vegetation, and other such activities by screening and/or buffering; MUD.Policy 6.7 Advertising signs should be compatible with the surrounding environment. Signs should have a low profile, and be shared when possible; MUD.Policy 6.8 Existing County and State sign regulations should be strictly enforced within the I-25 Mixed Use Development planning area, particularly off -premise signs along interstate and state highways; MUD.Policy 6.9 All new development should comply with the public facilities and service section of this plan. New development that results in excessive public cost while producing insufficient public revenues should be discouraged unless such development provides adequate guarantees that public facilities and services are effectively installed, operated, and maintained; MUD.Policy 6.10 If it is determined that public facility or service improvements or maintenance are required for or caused by the development, the developer will be required to pay for the 3-14 cost of the public facility and service improvement and maintenance. The methodology for compensation should be determined during the land -use application review process. The developer should submit the following: a. Information which accurately identifies all users of the infrastructure improvements and maintenance; b. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and c. A proposal that identifies the appropriate time that infrastructure improvements and maintenance charges should be applied. This information will be reviewed by the Board of County Commissioners in determining an equitable means of distributing infrastructure costs among the county at large, direct users, and the developer; MUD.Policy 6.11 All new development should comply with the Transportation Section of this plan. Access to properties shall preserve the existing and future function of roads and highways affected by the proposed development. All development circulation systems should be designed so that they do not disrupt highway travel. Traffic to be generated by the proposed development must conform to the recommendations of the Weld County Public Works Department and the Colorado Department of Transportation. Dedication and improvement of roads and frontage roads may be required as a condition of development; MUD.Policy 6.12 All new development should comply with the mineral resource section of this plan. This includes locations determined to 2510929 B-1566 P-557 09/13/96 03:58P PG 41 OF 72 PUBLIC FACILITIES contain commercial mineral deposits and mineral extraction operations and reclamation plans; MUD.Policy 6.13 Development should be restricted or required to mitigate adverse effects in areas characterized by floodplains and geologic hazards; MUD.Policy 6.14 New development should preserve identified aquifer recharge areas. Where feasible, drainageways should be maintained in their natural state to ensure optimal re -charge; MUD.Policy 6.15 New development should minimize impacts to air quality; MUD.Policy 6.16 Fugitive dust should be controlled by practices acceptable to the responsible government agency; MUD.Policy 6.17 Natural vegetation should be retained on -site to the greatest degree possible; MUD.Policy 6.18 Disturbed areas should be revegetated immediately following construction. In order to minimize wind and soil erosion, temporary stabilization measures shall be established on all such areas; MUD.Policy 6.19 New developments should be encouraged to select native species for revegetation; MUD.Policy 6.20 State Park and Recreation areas should not be negatively influenced by new development; 3-15 MUD.Policy 6.21 The coordination of other municipal, county, regional, and state growth policies and programs which include this area should be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services and to provide economies of scale; MUD.Policy 6.22 Each land -use application within the Mixed Use Development area should include a formal "Planning Area Profile". The profile should contain public facilities and services data, socioeconomic data, natural environmental resources, and visual and cultural resources. The purpose of this information would be to provide the user the existing conditions, opportunities, and constraints within the I-25 Mixed Use Development area. In addition, the information could also be used to update goals, policies, and programs in the future; MUD.Goal 7 All new development in the Mixed Use Development area should pay its own way. PUBLIC FACILITIES AND SERVICES The effective and efficient delivery of adequate public services is one of the primary purposes and benefits of effective land -use planning. Since the adoption of the Home Rule Charter, rising County expenditures have created substantial public interest in how to cut cost and increase efficiency of providing public services and facilities. Public services are government services such as police and fire protection, health services and welfare, and educational services and programs. Public facilities are physical structures and infrastructure such as schools, libraries, roads, maintenance facilities, water distribution systems, and sewage treatment facilities. Municipal governments, county governments, special districts, and private 2510929 B-1566 P-557 09/13/96 03:58P PG 42 OF 72 PUBLIC FACILITIES companies are capable of providing such services and facilities. Because of the expense and limited available funding, proper allocation of public facilities and services is important. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. The type, intensity, and location of a land -use proposal are factors that determine the type and level of services and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the needs and impacts of a land -use proposal, along with the existing and planned capabilities of the service and facility providers at that location. One basic objective of Weld County is to plan and coordinate a timely, orderly, and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by state statutes and the constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services as well as to coordinate the development of new facilities and services. Alternative facilities and service systems may be used for urban type development within the I-25 Mixed Use Development area and urban growth boundary areas, with certain restrictions. The alternative facility and service systems must comply with the standards set forth in the Comprehensive Plan, Zoning and Subdivision Ordinances. Systems that are proposed to be located within a municipality's urban growth boundary area may be required to develop in such 3-16 a manner that they are compatible with the standards of the municipality most likely to phase services into the area. They also may be required to meet state regulations and standards. In determining service and facility adequacy for a land use proposal, it is the policy of the County to consider any evidence submitted by the representative of an entity responsible for providing such services or facilities. In addition, the following minimum service and facility standards must be met in determining if public services and facilities are adequate for residential, commercial, and industrial development. Fire Protection Fire Protection is a basic provision required for development activities in Weld County. While Weld County encourages that where and when possible fire service providers should utilize the highest available equipment, standards and services. Weld County realizes that often fire protection providers are volunteer rural fire districts with limited service abilities and personnel. Therefore, the following standards have been developed for adequate fire protection which will be considered as minimum unless more strigent standards such as fixed fire protection are required to meet the specific demands of individual land uses. 1. A rural water system must have sufficient volume each day of the year, to control and extinguish any and all potential fires at the proposed development site or zone district. Roads serving the development must have a surface that is sufficient to travel every day of the year for the purpose of controlling and extinguishing any and all potential fires at the proposed development site or zone district. The water supply system serving the proposed development site or zone district must deliver a minimum of 500 gallons per 2510929 B-1566 P-557 09/13/96 03:58P PG 43 OF 72 PUBLIC FACILITIES minute at 20 pounds per square inch residual pressure for 30 minutes. 4. The initial travel time to arrival at location of a fire or emergency should be less than 15 minutes from the time a call is received from the dispatch center providing service. 5. Any proposed development or zone district for the purpose of development should be located within a five mile radius of a rural fire protection station. The entity providing fire protection should have the ability to respond with a minimum of two firefighters per pumper. 7. Fire protection should be provided 24 hours a day. NOTE: The intention of this section of the Comprehensive Plan is to provide a minimum level of protection against the destruction of life and property from fire. However, the local jurisdiction having authority to enforce fire code and has such adopted such code actively enforces such code may have additional requirements that are not listed. Law Enforcement 1. Law enforcement should include those acts and duties of the Weld County Sheriff by Colorado Statutes and the Weld County Home Rule Charter. These include, but are not limited to, the following: a. Keeper of the County jail and prisoners therein; b. Service and execution of all process, writs, percepts, and other orders issued or made by lawful authority directed to the Sheriff; c. Apprehending and securing any person for violation of Colorado Statutes and, when directed by the Sheriff, Weld County Ordinances. 3-17 2. Law enforcement should include the provision of acts and duties required by the Sheriff when requested by a citizen. Request for police protection require an action by the Sheriff. An action may include telephone, mail or walk-in reporting to a deputy sheriff where physical response to another location is not required; or, response by appointment; or, proximity response; or, first received, first serviced; or, immediate emergency scene response. Law enforcement should provide emergency response time be less than or equal to the average emergency response time for the county as a whole under normal conditions. Emergency response time is defined as the elapse time from when a request for service is received to the time a deputy arrives at the service location as determined through the Department of Communications. Public Facilities General Requirements The following services and facilities must be determined adequate and in accordance with the requirements set forth in the Comprehensive Plan, Zoning and Subdivision Ordinances prior to the zoning of a parcel for development or the development of an industrial, commercial, residential, or planned unit development subdivision: (1) (2) (3) (4) (5) (6) (7) availability of an adequate water system; availability of an adequate sewer system; availability of an adequate transportation system; availability of adequate fire protection; availability of adequate law enforcement; availability of adequate school facilities; and availability of adequate parks and open space. 2510929 B-1566 P-557 09/13/96 03:58P PG 44 OF 72 PUBLIC FACILITIES Public Facility and Service Goals and Policies P.Goal 1 Promote efficient and cost effective delivery of public facilities and services. P.Policy 1 Consolidation of internal Weld County facilities or services should be encouraged to avoid duplication of costs and promote efficiency; P.Goal 2 Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of Weld County. P.Policy 2 Development that requires urban services and facility should be encouraged to locate within a municipality, urban growth boundary area, or I-25 Mixed Use Development area and Urban Development Nodes. P.Policy 2.1 Development will be required to pay its proportional share of the local costs of infrastructure improvements, including ongoing operating and maintenance costs required to service such development; P.Policy 2.2 In evaluating a land use application, Weld County will consider both its physical and fiscal impact on the local school and fire district. If it is found that the district involved will, as a result of the proposed development require additional facilities or incur costs requiring additional local revenues, the land use project will be required to contribute funds to the district for the costs directly attributable to the project in accordance with the law; 3-18 P.Policy 2.3 The County will encourage the development of a balanced and cost effective transportation and circulation system by promoting higher density cluster uses in the around existing municipalities and mixed use development areas and activity centers. This will help to ensure that maximum efficiency and use are derived from investment in existing public facilities; P.Policy 2.4 Multijurisdictional regionalization of services and facilities will be encouraged unless it will lead to development that is not compatible with other Weld County goals and policies. P.Policy 2.5 Any proposal for development or the creation of a zone district for the purpose of development must not produce an undue burden on existing Weld County facilities and services; 2510929 B-1566 P-557 09/13/96 03:58P PG 45 OF 72 TRANSPORTATION TRANSPORTATION Weld County's transportation system is intended to provide for the safe and efficient movement of people and goods through the County. The State and County road systems should provide a functionally integrated roadway network. Established standards should guide the development of the transportation system throughout the unincorporated areas of the County. The Transportation Plan Map included in the Appendix identifies the roadway, railroad and airport facilities in the County. Pedestrian, bicycle trails and scenic road byways are identified on the Recreational Transportation Facilities Map. The Transportation Plan Map reflects the County's vision for the future. To maintain a reasonable perspective of the County's transportation network, it is essential that updates to the Transportation Plan Map be made. Certainly, the impact of major centers of employment or other significant land development activities could detrimentally influence this Transportation Plan. For this reason, review of significant proposal for changes in land use should be accompanied by a corresponding review of this section of the Comprehensive Plan. Road System The highway and road system in Weld County is managed, in part, by the Colorado State Highway Department, Weld County, and the thirty-one (31) municipalities within the County. Weld County's road system presently consists of six hundred fifty- two (652) miles of paved roads and two thousand six hundred twenty-two (2,622) miles of gravel roads. In addition, there are currently four hundred eighty-seven (487) miles of State Highway System and several hundred miles of municipal roads. In order to have an efficient transportation system, all jurisdictions should coordinate respective transportation goals and policies. 4-1 Road Classifications The County's road systems includes arterials, collectors, and local roads. It generally serves travel of a countywide nature rather than statewide. The County's road system constitutes routes where predominant travel distances are shorter and speeds are more moderate than those typically disassociated with of the State Highway System. Arterial Roads Arterial roads provide for trip lengths and travel densities for substantial or countywide travel. Some arterial road characteristics are listed in the Appendix. 2510929 B-1566 P-557 09/13/96 03:58P PG 46 OF 72 TRANSPORTATION TABLE 5. COUNTY ROAD SYSTEM DESIGN GUIDELINES FOR NEW ROAD CONSTRUCTION CLCLASSIFICATION AVERAGE DAILY TRAFFIC COUNTS PAVEMENT TYPE NUMBER OF LANES LANE WIDTH SHOULDER WIDTH RIGHT OF WAY MINIMUM DESIGN SPEED Local <200 Gravel 2 12' 4' 60' 30 Local COO Paved 2 12' 4' 60' 30 Collector 200-1000 Paved 2 12' 6' 80' 45 Arterial >1000 Paved 2 12' 6' 100' 55 2510929 B-1566 P-557 09/13/96 03:58P PG 47 OF 72 4-2 TRANSPORTATION Collector Roads Collectors expedite movement of traffic in the local area. Collectors serve a dual function between mobility and land access by connecting local roads to arterials. Collector roads serve smaller communities and neighborhoods. The characteristics of a collector road are located in the Appendix. Local Roads Local roads provide direct approaches to individual properties. A local road should move the traffic from a developed area and lead it into a collector road. Local county roads arc designed for lower speeds and lower traffic volumes. The characteristics of local roads are located in the Appendix. Road Access Some degree of access control. should be included in the development of any road, particularly a new facility where the likelihood of commercial development exists. The functional classification of any road should be coordinated with the land -use plan to ensure that the desired degree of access control can be maintained through the Zoning and Subdivision Ordinances. Pedestrian and Bicycle Paths The involvement of pedestrians and bicycles in traffic is a major consideration in highway planning and design. Pedestrians and bicyclists are a part of the roadway environment, and attention must be paid to their presence in rural as well as urban areas. The bicycle has become an important element for consideration in the highway design process. Fortunately, it is practical for most of the mileage needed for bicycle travel to be comprised of the street and highway system much as it presently exists. At the same time measures such as the following, which are generally of low capital 4-3 intensity, can considerably enhance the safety and capacity of routes for bicycle traffic: • Paved shoulders Wide outside traffic lane (14' minimum) if not shouldered Bicycle safe drainage grates Adjusting manhole covers to the grade Maintaining a smooth, clean riding surface Some municipalities within Weld County have identified specific pedestrian/bicycle trails. Counties and municipalities adjoining the boundaries of Weld County have made similar provisions for pedestrian/bicycle paths. The logical extension and development of these trails will eventually lead to increased pedestrian/bicycle activity. Appropriate accommodations must be made on future road improvements to insure safety. The identified bicycle trails being promoted in Weld County are shown on the recreational/transportation facilities map included in the Appendix. Scenic Road Byways The Pawnee Buttes Scenic Byway represents the only scenic roadway designated within Weld County. The scenic byway begins in Ault, routes east along Highway 14 then travels northwardly through the Pawnee Grasslands passing the Pawnee Buttes before turning south on Highway 52 and ending in Ft. Morgan. This scenic byway is identified on State Highway maps. Appropriate signs delineating the route are strategically located to keep the motorist on the appropriate route. Through the Pawnee Grasslands, the trail utilizes the existing gravel roads that are regularly maintained by Weld County. No other scenic byways are provided for in this plan. Regional Plans Recent federal and state legislation requires transportation planning. Weld County plays an 2510929 B-1566 P-557 09/13/96 03:58P PG 48 OF 72 TRANSPORTATION active role in two organizations. The Upper Front Range and the North Front Range Transportation Planning Regions represent the diverse urban and rural nature of Weld County. Each of these planning organizations has developed a plan for the future growth of the region. To provide for the logical growth of the region, the County should coordinate with these planning organizations and other regional planning organizations having contiguous borders with Weld County. U.S. 85 Corridor U.S. Highway 85 between Greeley and the Denver Metropolitan Area is a vital corridor providing a transportation link serving all Central Weld County from Brighton to Greeley. The many corridors diverging from the Denver Metropolitan Area, along with the accompanying commercial and residential development have severely hampered the ability of the corridor to efficiently move traffic. Should this happen along U.S. Highway 85 anywhere between lnterstates 76 and Greeley. a vital lifeline to the Metropolitan Area will be damaged. With this trend in mind, the Colorado Department of Transportation has commissioned the U.S. Highway 85 Corridor Study. The Upper Front Range Regional Planning Commission has recommended as their top priority the implementation of an Access Management Plan which would be an agreement between all governmental agencies in Weld and Adams Counties that have authority over land use along the U.S. Highway 85 Corridor. The Weld County Comprehensive Plan recognizes the importance of preserving the efficiency of the U.S. Highway 85 corridor and encourages the cooperation of the Colorado Department of Transportation. Weld County, Adams County. the City of Brighton, the City of Fort Lupton, the Town of Platteville. the Town of Gilcrest, the Town of LaSalle, the City of Evans, and the City of Greeley. 4-4 Air Transportation The Greeley -Weld County Airport is located two and one-half miles east of the City of Greeley, Colorado, on the north side of Colorado Highway 263, between Weld County Roads 43 and 47. The Airport has been in operation since 1943, and provides the City and County with convenient access to general aviation facilities, particularly business aviation. The Greeley -Weld County Airport is the third busiest general aviation airport in the State of Colorado, routinely accommodating in excess of 160,000 operations (takeoffs and landings) per year. The Airport is classified as a general utility airport, capable of accommodating all types of general aviation aircraft. Giving consideration to the increasing number of annual operations as well as the changing aircraft fleet mix (piston-turbine/jet) utilizing the airport, a Master Plan for runways/building expansion was unanimously adopted by the City of Greeley and Weld County in January 1994. Provision was made within this Plan for construction of a new primary north -south runway (Runway 16-34), to be built to an ultimate length of 10,000 feet. The construction of this new runway will accommodate the increasing flight training activity and permit safer operations of larger business jets. The construction of Runway 16/34 will meet future airport demand and permit airport development which is compatible with surrounding land uses. Airport site development and operations compatibility between the airport and surrounding land use are important land uses and zoning issues, and necessitate continuous planning to avoid conflicts. Noise sensitive areas, such as residential developments, certain uses, and structures have traditionally caused conflicts with established activities at most airports, and can pose a hazard to aircraft. To alleviate this problem, an Obstruction and Approach Zone Overlay District Zone has been established to control incompatible land use and building height. 2510929 B-1566 P-557 09/13/96 03:58P PG 49 OF 72 TRANSPORTATION The Tri-County Airport is a small general utility airport/airpark located in southwest Weld county, north of Colorado Highway 7 and west of Weld County Road 3. The Tri-County Airport serves light single and twin engine aircraft in Weld, Boulder, and Adams counties, conducting approximately 50,000 annual aircraft operations. The majority of small private use airports located in Weld County consist of simple dirt strips that serve personal needs. Agricultural spraying and light engine recreational aircraft uses are typical examples. The location and use of these small airports are reviewed on an individual basis, with land use compatibility demonstrated. Rail Transportation Weld County is served by two class one and one class three railroads. A class one railroad is one with a gross operation revenue of $50 million or more annually from railroad operations. A class three railroad is one that grosses less than $20 million in revenues a year. The Burlington Northern (BNRR) operates an east/west mainline through southeast Weld County connecting Denver with major midwestern markets. This line averages twenty-five train movements per day through the County. BNRR also operates an unsignaled, slow speed, twenty-five mile long branch line between Greeley and Fort Collins with a total train movement of one per day. The Union Pacific (UPRR) operates a north/south double track mainline with centralized traffic control between Denver and Cheyenne. This line could, in the future, support a nonstop Greeley/Denver passenger operation averaging an hour each way. The Colorado State Rail Plan indicates that nine trains a day operate on this mainline. The UPRR also operates an east/west line across southeast Weld County with a total of four train movements a day. The Great Western Railway (GWRR) operates freight service from Loveland and Windsor to 4-5 Johnstown and Milliken, with branches to Longmont, and Eaton. Freight consists of coal, fertilizer, corn products, and other agricultural products. A potential for conflict exists between railroad lines and other land uses within urban growth boundaries and the I-25 Mixed Use Development area. Municipal type uses and services are planned for both of these areas which will increase which will increase auto and pedestrian traffic, and the number of noise sensitive uses. Potential conflicts could be avoided by separating crossing points for trains from other vehicular and pedestrian traffic, and separating noise sensitive uses by distance or utilizing noise abatement techniques. At present, the County's role in rail transportation is limited to land -use considerations through the administration of the Zoning Ordinance. The primary regulatory agencies are located at the federal and state levels. Transportation Goals and Policies T.Goal 1. Provide a unified and coordinated countywide street and highway system which moves people and goods in a safe economical and efficient manner. T.Policy 1. The County should maintain a road classification system so county roads are designed and maintained according to their planned function. T.Goal 2. A County wide trail system should be promoted to service transportation and recreation purposes. T.Goal 3 Maximize the compatibility of roads, streets, and highways with adjacent land uses. 2510929 B-1566 P-557 09/13/96 03:58P PG 50 OF 72 TRANSPORTATION T.Policy 3 Establish policy standards for regulation of accesses to streets highways from abutting land -uses intersecting roads. the and and T.Goal 4. Provide a balanced approach to transportation system development giving due consideration to all modes of travel. T.Policy 4. The County will plan and maintain a transportation system that unifies and coordinates with other state, county, city, and community transportation systems. T.Policy 4.1 The number of access points on collector and arterial roads should be kept to a minimum in order to minimize interruptions to traffic flow and to promote safety from the traveling public. Local roads shall be utilized for access to adjoining property; T.Policy 4.2 The County should review and determine that all road, street, or highway facilities are adequate in width, structural capacity, and classification to meet the traffic demands of any land development. The County will, as a condition of land development, require improvement of roads, street, or highway facilities when dictated by traffic demand and land development patterns; T.Policy 4.3 All road, street, and highway facilities should be developed, constructed, and paved in accordance with adopted County Standards. Road, street, and highway rights -of -way shall be dedicated to the public use and accepted for maintenance in 4-6 accordance with adopted County Standards; and T.Policy 4.4. The County should emphasize maintenance and upgrading of existing transportation facilities over the provision of new facilities in order to protect its investment. All new county roads, streets, and transportation facilities should be designed to minimize future maintenance costs. 2510929 B-1566 P-557 09/13/96 03:58P PG 51 OF 72 ENVIRONMENTAL ENVIRONMENTAL QUALITY The County's growing population is a threat to environmental quality and natural resources. Each land -use change often has an unanticipated effect on the environment which may produce undesirable results. Erosion, sedimentation, reduced water quality, loss of productive farmland, and reduced fish and wildlife habitats are a few of the problems which are facing Weld citizens. Natural resources are both limited and interdependent. The misuse, degradation, or destruction of any natural resource alters the usefulness and availability of others. In order to meet the goals and policies identified in this section, officials of the County, as well as each citizen, must take an active part in conserving and preserving natural resources and the environment. The primary elements which follow should be evaluated in the review of each County land -use application. However, this does not mean that these are the only environmental quality and natural resource problems in the County. WATER Weld County lies in a semi -arid region where water is available as a result of aquifers and a rather extensive system of canals and reservoirs. Over the years there has been a large investment in facilities to collect and store water from mountain snows and distribute it to the plains where it can be used efficiently. The intensive agricultural development in the broad valleys of the South Platte River and its tributaries, which flow into Weld County from the west, is based on irrigation from this water system. The development of water resources has allowed more than agriculture to prosper in Weld County. Industry, commerce, and homes, as well as cities and towns, are all dependent on an adequate water supply. 5-1 The availability of an adequate supply of water has become an important determinant when evaluating a land -use application. The issue of adequate water quality to serve an intended use is also a critical factor. The Federal Clean Water Act requires the control of all water pollution throughout the nation. The Environmental Protection Agency is required to establish regulations and guidelines to implement this law. It is then up to the states, municipalities, counties, and special districts to develop programs and construct facilities to specifically control pollution. The Water Quality Control Commission, a citizen board appointed by the governor, subject to conformation by the State Senate, defines water quality regulations and policies. The Water Quality Control Division of the Colorado Department of Health administers the Water Quality Program throughout the State on a regional basis. As a part of the water quality plan, Weld County has been designated a management agency for its jurisdiction. As a management agency, Weld County has a responsibility to exercise land -use authority based on water quality considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land - use proposals in accordance with the standards set forth in this Comprehensive Plan, the Zoning Ordinance, and the Subdivision Regulations. AIR Since the early 1970's, the country and State have become increasingly aware of air quality responsibilities. The Federal Environmental Protection Agency has passed legislation requiring states to establish standards to protect air quality. The Colorado State Legislature passed the Air Quality Control Act on April 10th, 1970, to comply with Federal Legislation. 2510929 B-1566 P-557 09/13/96 03:58P PG 52 OF 72 ENVIRONMENTAL State Air Quality Regulations and Policies are defined by the Air Quality Control Commission, a citizen board appointed by the Governor, subject to confirmation by the State Senate. The Air Pollution Control Division of the Colorado Department of Health administers the Air Pollution Control Program throughout the State on a regional basis with the participation of local governments and local health agencies. As part of the Northern Front Range Region, Weld County is monitored by the State in several areas. The pollutants currently causing the most concern are carbon monoxide, ozone, and particulate matter. The major urban area in Weld County is Greeley. As is true with most urban areas, the use of the motor vehicle is a major source of air pollution. In addition, there are a number of other sources of pollution, such as power plants, cement manufacturing, mining, electronics, residential wood burning, dust from unpaved roads, and agricultural operations. As a land -use regulatory authority, Weld County is responsible for decisions which can have a significant effect on air quality. For example, the way that land develops can determine the need to use the automobile. By encouraging residential, commercial, and industrial development to occur within the municipalities, urban growth boundary areas, and the I-25 Mixed Use Development area, County policies are promoting proximity of jobs and services to residences which can limit automobile pollution. NOISE IMPACTS Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods can be a threat to health. Excess noise often has an adverse physiological and psychological affect on human beings. Noise pollution is not a pervasive problem in 5-2 unincorporated Weld County. However, noise impacts from certain industries, airports, and some highly traveled roads could reduce the livability of nearby residences. Through noise level regulations passed by the State Legislature, specific noise standards have been established for areas in the County where commercial, industrial, and residential uses are located. SOLID WASTE The solid waste management goals and policies in Weld County address the collection, sanitary storage, and disposal of various solid waste materials such as residential, commercial, and industrial garbage by direct customer -hauler contracts and municipal collection. Land disposal is the predominant method of waste disposal in Weld County and the region. The expansion of an existing landfill or the siting of a new landfill requires the development of plans through an application process. The application process identifies the steps to be taken to provide for the safe and efficient disposal of the quantifies and types of solid waste that are expected to be received. An application for a disposal site will be evaluated in detail regarding the adequacy of access roads, grades, leacheate and drainage control measures, fencing, utilities, volume requirements, site improvements, reclamation plans, and day-to-day operations, including equipment requirements. In addition, compatibility with existing and future land uses in the area must be demonstrated in terms of visual degradation, pollution, traffic, dust, noise, scale, density, topograpic form, geology, operating plans, and reclamation plans. The daily operation of a solid waste disposal site can be an incompatible land -use if it is located in proximity to areas containing residential, 2510929 B-1566 P-557 09/13/96 03:58P PG 53 OF 72 ENVIRONMENTAL commercial, and light industrial uses or areas designated for future expansion of the same. For example, land -use incompatibility can become an issue if it is determined that the landfill site will cause negative impacts by visually degrading or polluting other surrounding land uses. Currently, there are seven landfills open and operating in Weld County. There is also one transfer station southeast of Berthoud and one recycling center in Greeley. Their locations are shown on Map #8, located on page 81. The Central Weld (Greeley -Milliken), North Weld (Eaton), Keenesburg, and Nunn sites principally serve Weld County residents. The Longmont, Columbine, and Erie Landfills serve residents in the Denver, Boulder, and Longmont metropolitan areas. The Central Weld Landfill was opened in 1971. The size of this site is 108 acres. The landfill is located approximately 2 miles northeast of Milliken and 3 miles south of Greeley. More specifically, the site lies west of Weld County Road 27 and north of State Highway 60. This landfill has an estimated service area of 530 square miles and serves a population of 83,000. The service area of this landfill includes the residents of Greeley, Evans, Garden City, Milliken, Johnstown, La Salle, Platteville, Kersey, and Gilcrest. The Central Weld Landfill receives between 700 to 800 cubic yards of waste per day and has a remaining capacity of between 6.3 and 12.6 million cubic yards. With an estimated growth rate in waste of 3% per year as of 1987, the site is projected to have a remaining life of anywhere between 20 and 60 years. 5-3 The North Weld (Eaton) Landfill was opened in 1965. The size of this site is 18 acres. This landfill is located 2-1/2 miles northeast of Eaton; west of Weld County Road 43 and north of Weld County Road 78. The North Weld Landfill has an estimated service area of 339 square miles with a service area population of 13,700. The service area includes the residents of Ault, Eaton, Pierce, Severance, and Windsor. The site receives approximately 200 cubic yards of refuse a day and is almost at capacity. The Keenesburg Landfill was opened in 1977. This site is 3.9 acres in size. The landfill is located approximately 2 miles north of Keenesburg; west of Weld County Road 59 and north of Weld County Road 20. The service area for this landfill is estimated at 398 square miles and serves a population base of 7,400. No information is available on the life expectancy, remaining capacity, or the amount of waste received per day. The Nunn Landfill is located in the Town of Nunn, south of Lincoln Street and it opened sometime in the 1950's. The landfill is situated on 5 acres of land and principally serves the 292 residents of Nunn. No information is available on life expectancy, remaining capacity, or the amount of waste received per day. The Columbine Landfill was opened in 1980 as a 160 -acre site. In 1982, an additional 34-1/2 acres adjoining the northeast corner of the landfill were added to the site. The facility is located south of Weld County Road 6 and west of Weld County Road 5. The Columbine Landfill currently accepts up to 4,000 cubic yards of waste a day. The remaining capacity at this site is estimated at 12.5 to 25 million cubic yards. Depending on price competition, operating capacity, and growth rate, the life of the site was estimated at 12 to 20 years in 1987. This site serves an estimated 500,000 people in the Denver and Boulder metropolitan areas. 2510929 B-1566 P-557 09/13/96 03:58P PG 54 OF 72 ENVIRONMENTAL BRINE WASTE The Erie Landfill was opened in 1985. The site is 80 acres in size and is located within the Town of Erie; north of Weld County Road 6 and west of Weld County Road 5. This landfill currently accepts up to 4,500 cubic yards of waste per day. Maximum capacity of the site is estimated at 4.6 million cubic yards. This site is also a regional landfill used by the residents of Denver and Boulder Metropolitan areas. Because the growth rate and operating rate will fluctuate, the actual life of the landfill was estimated to be between 10 to 15 years in 1987. The Longmont Landfill was opened in 1968. This site is located on 80 acres, approximately 4 miles east of Longmont; south of Colorado Highway 119 and west of the right-of-way of Weld County Road 5. This site receives 1,000 cubic yards of waste per day. As of January, 1987, the projected life of this landfill was 12 months. Currently, there are plans to obtain approval to operate a 40 -acre landfill site west and adjacent to the existing site. The maximum capacity of this site is estimated at one million cubic yards. This landfill is scheduled to accept between 270 thousand and 300 thousand cubic yards of waste a year. The life expectancy of the site is estimated at 3-1/2 to 4 years. The life expectancy of this landfill could also vary depending on disposal fee competition with other landfills in the southwest part of the County. There are two solid waste transfer stations located in Weld County. The Greeley Recycling Center is located in southeast Greeley and the Berthoud Transfer Station is located southeast of Berthoud; east of Weld County Road 1 and north of Weld County Road 42. The function of a solid waste transfer station is to consolidate solid waste collection and to minimize the amount of trucking associated with landfills. 5-4 A large amount of water is extracted during the production of crude oil and natural gas. The water produced from oil and gas wells is frequently brackish or salty and must be processed and disposed of in a satisfactory manner. To prevent environmental pollution, brine water from a single well can be disposed of in small amounts by reinjecting the water into the same formation from which it was drawn or by using an on -site sealed evaporation pond. However, when brine waste from a number of wells is involved, it must be trucked to a commercial brine water disposal facility. Commercial brine water disposal facilities in the County are operated in accordance with permits issued by the Board of Commissioners. The same basic concerns associated with the siting of a landfill also exists for the siting of a commercial brine water disposal facility. There are currently three commercial brine water disposal facilities in Weld County. The locations of the brine water disposal facilities and landfills in the County are shown on Map #8 on page 81. MANURE Manure from feedlots, dairies, and other concentrated animal feeding operations are routinely spread on farmland for fertilizer and soil enhancement purposes. According to the Areawide Water Quality Management Plan, the proper incorporation of manure into the soil is not a threat to water quality. MUNICIPAL SLUDGES The Colorado Department of Health permits digested residual sludges from municipal waste water treatment plants to be spread on farmland in the County in accordance with certain guidelines. The Areawide Water Quality Management Plan indicates that problems from this practice should 2510929 B-1566 P-557 09/13/96 03:58P PG 55 OF 72 ENVIRONMENTAL be minimal if the sites used for disposal are flat, separated from surface water and groundwater, and the sludge is not applied when the ground is frozen. SEPTIC TANK PUMPINGS Untreated septic tank pumpings are not allowed to be disposed of on farmland in the County. The Colorado Department of Health has determined that the practice could affect water quality and public health. A commercial septage facility is operated in accordance with permits issued by the Board of County Commissioners. ENVIRONMENTAL OUALITY GOALS 1. The proper use and management of water, air, and land resources shall be required to maintain the physical, social, and economic well-being of Weld citizens. 2. All land use proposals shall be designed and operated to conform with all applicable Federal, State, and local regulations pertaining to air, water, noise, and other environmental quality standards. 3, Solid or brine waste facilities shall be planned, located, designed and operated so that they are compatible with surrounding land uses in terms of: general use, scale, height, traffic, dust, noise, and visual pollution. 4. Weld County will cooperate with local, State, and Federal agencies to identify, conserve, and protect fish and wildlife habitat and in implementing measures for the protection of such areas. 5-5 ENVIRONMENTAL OUALITY POLICIES 1. The location, type, and density of any development or use shall not exceed the physical capacity of the land and water to accommodate the use without adverse effects on water quality and quantity. 2. Soil conservation techniques to minimize soil erosion and sedimentation shall be encouraged in the development and design of land uses. 3. Setbacks, building orientation, soundproof construction, barriers, and other feasible means shall be considered in attempting to mitigate noise impacts. 4. Potential groundwater pollution from septic tank use shall be minimized. 5. Conflicts with fish and wildlife habitats and migration routes shall be considered in land development. Development and design adjacent to rivers and streams, waterfowl areas, and important or critical wildlife areas shall incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife. 6. Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect waterfowl areas. 7. Because of the possibility of permanent damage to life, health, and the environment and because the County continues to demonstrate an increasing population base, hazardous waste disposal facilities shall not be located in Weld County. 2510929 B-1566 P-557 09/13/96 03:58P PG 56 OF 72 ENVIRONMENTAL 8. An application for a solid or brine waste facility or a commercial septage disposal facility located within an Urban Growth Boundary Area, Unincorporated Community, I-25 M.U.D. Area and Activity Center, or Agricultural Area shall be reviewed in accordance with the goals and policies of the area in which the facility is located. 9. In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County shall impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties. This shall include: a. Requiring the location and design of excavated areas, structures, machinery, equipment storage, and stockpiling of refuse or materials to be compatible with surrounding land uses in terms of: general use, topographic form, scale, density, traffic, dust, and noise. b. Maintaining roadside and perimeter vegetation and setback requirements which serve to shield the disposal facility, including storage of equipment, stock -piled soils, refuse, and materials, from public view and adjacent properties. c. Requiring that access roads to and within the site be located in a manner which minimizes traffic impacts on surrounding land uses. d. Requiring that the land use applicant demonstrate to the satisfaction of the Board of Commissioners that the street or highway facilities providing 5-6 J access to the disposal facility are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the proposed disposal facility. Internal road circulation, off-street parking, dust abatement, acceleration lanes, deceleration lanes, common access collection points, signalization, and other traffic improvements shall be required wherever necessary to mitigate traffic impacts which may be created by the disposal facility. Applications for disposal facilities shall also be reviewed in accordance with the transportation goals and policies. e. Requiring that security fencing be erected and maintained around extraction sites as necessary to regulate and monitor access to the disposal facility. f. Insuring that all disposal facility operations conform to Federal, State, and local environmental standards and regulations. g. Insuring that all reasonable and practicable measures are taken to protect the habitat of fish and wildlife. h. Insuring that the facility complies with County flood hazard and geologic hazard regulations. Requiring that the final reclamation of the disposal facility shall return the land to a form and productivity that is in conformance with the established comprehensive plan goals and policies for the area. Insuring that the operator will maintain the reclaimed disposal facility until it has been stabilized and vegetation is re-established. 2510929 B-1566 P-557 09/13/96 03:58P PG 57 OF 72 ENVIRONMENTAL 10. Weld County will collect landfill surcharges which cover waste monitoring tasks performed by staff, road maintenance, litter pick-up, public education, or other costs identified by the Board of County Commissioners. 11. Methane gas recovery at landfill sites shall be encouraged. The design of all landfills shall attempt to maximize eventual gas production. 12. The County may require new landfill applicants to demonstrate that resource recovery and recycle programs have been adequately studied as an alternative. 5-7 2510929 B-1566 P-557 09/13/96 03:58P PG 58 OF 72 NATURAL RESOURCES NATURAL RESOURCES Because natural resources are limited it is critical that a balance be obtained between increased growth and the natural areas within our County. Each land -use change often has an unanticipated effect on the environment which may produce undesirable results. Erosion sedimentation, reduced water quality, loss of productive farmland, and reduced fish and wildlife habitats are a few of the problems which are facing Weld citizens. Natural resources are both limited and interdependent. The misuse, degradation, or destruction of any natural resource alters the usefulness and availability of others. In order to meet the goals and policies identified in this section, officials of the County, as well as each citizen must take an active role in conserving and preserving natural resources and the environment. The primary elements which follow should be evaluated in the review of County land -use applications. However, this does not mean that these are the only environmental quality and natural resource problems in the County. Rather, the following sections have been dealt with in depth because of the importance they have on the natural environment. These sections do not attempt to encompass every natural issue, instead they attempt to address the major current areas of importance: Wildlife; Open Space Park and Recreation; General Resources Commercial and Mineral Deposit Resources; Oil and Gas Resources. Wildlife The abundance of wildlife in Weld County is an important contributor to the economic health and quality of life in Weld County. The acquisition of properties to provide public hunting and fishing opportunities has long been an important part of the Colorado Division of Wildlife's management program. As an added emphasis on the importance of these lands, private groups also lease several of these sites for recreational activities such as 6-1 fishing, hunting, and boating. Maintaining wildlife habitats in sufficient supply is necessary to encourage the social and economic benefit we receive from this resource. Map 5, Wildlife Areas - Existing, located in the back cover pocket, shows most of the important wildlife habitat areas in the County. It should be noted that the important wildlife areas are often closely associated with important water supply and aquifer recharge areas. Wildlife Goals and Policies W.Goal 1 New developments should be located and designed to preserve critical ecosystems components, including wetlands, significant wildlife habitats, and migration corridors. Significant wildlife habitat is defined as a geographical area containing a combination of the essential elements of food, water, cover, and space and in quantities sufficient to support a species. W.Policy 1 Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect water fowl areas. W.Policy 1.1 Conflicts with fish and wildlife habitats and migration routes shall be considered in land development. Developments adjacent to rivers and streams, waterfowl areas, and important or critical wildlife areas should incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife; 2510929 B-1566 P-557 09/13/96 03:58P PG 59 OF 72 NATURAL RESOURCES W.Policy 2.1 The County will identify and strive to protect critical or unique habitat areas of high public value, such as habitats of endangered or unique species, significant viewing areas, and breeding and spawning areas. W.Goal 3 Traditional wildlife uses such as hunting, trapping, and fishing in agricultural and nondeveloped portions of Weld County are beneficial. Weld County supports the maintenance of these wildlife uses. W.Policy 3 The effect of proposed development upon wildlife and habitat should be evaluated. Loss of critical habitat should be mitigated. Weld County will maintain maps of known significant wildlife habitats. W.Policy 3.1 The integrity of movement in wildlife corridors should be preserved. W.Policy 4 Destruction of wetlands or riparian areas will be strongly discouraged. Open Space Parks and Recreation Open space is any outdoor land or water area. This includes such areas as agricultural land, State wildlife areas, city parks, and your own backyard. Open space is desirable because it performs many natural functions and satisfies many human needs. Open space is used for the production of crops and raising of livestock. Open space is used for outdoor recreational activities and other leisure time pursuits which promote the health and welfare of people. Open space functions as airsheds which reduce the effects of air pollution. Open space functions as watersheds and storm drainage collecting water for streams and aquifers and absorbing water of intense rainfall or 6-2 snowmelt. Open space also supports wildlife which in turn provides enjoyment for Weld citizens. Park facilities and recreational programs in the County are planned and operated by the State Division of Parks and Outdoor Recreation, municipalities, schools, and recreational districts. Weld County currently operates one small regional park near the City of Greeley and is actively developing other open space opportunities throughout Weld County. Weld County contracts with the City of Greeley to manage the Island Grove Regional Park which is composed of several 4-H buildings, an exhibition building, the Weld County Fair Grounds and Stadium, and other supplemental buildings. These facilities are located partly within the City of Greeley and unincorporated Weld County. In addition to these facilities, the County currently owns and operates separate sand and gravel pits. These mine sites vary in size from 56.6 to 105.7 acres. One of these sites, located in the 1-25 Mixed Use Development area, currently is in the process of being developed into a regional park for the benefit of the residents of southwest Weld County. Special attention has been directed toward encouraging parks, trails, and recreational facilities of varying size and function along rivers, creeks, and streambeds. Currently, Weld County is working with the City of Greeley and the Town of Windsor to develop the Cache La Poudre Trail. The Cache La Poudre Trail follows the Cache La Poudre River from Island Grove Regional Park westwardly to the Larimer County line. It is the goal of the Cache La Poudre Trail Advisory Board to provide a multi -modal transit system for the northern region of Weld. The central theme of the County's open space goals and policies is the adoption of goals and policies which can minimize conflict between areas for open space and urban development. The open space and natural resource management goals and policies found in the Comprehensive Plan currently function as the only open space plan for unincorporated Weld County. Each municipality 2510929 B-1566 P-557 09/13/96 03:58P PG 60 OF 72 NATURAL RESOURCES within Weld County has been asked to include an open space vision into their Urban Growth Boundary agreements. These agreements will further enhance the Weld County Comprehensive Plan's open space policies allowing for a unified regional approach for open space development. The County has not historically been involved in land acquisition for open space or parks. The Great Outdoors Colorado Trust Fund and several other funding opportunities in the State of Colorado are making acquisition of and maintenance of open space far more feasible for county governments. Weld County is currently addressing the need to provide open space opportunities for residents of Weld County and hopes to produce a regionally influenced open space plan for Weld County. Open Space. Parks, and Recreational Goals and Policies O.Goal 1 Promote agricultural use of prime agricultural land. O.Policy 1 Encourage the location of park, recreation, and open space areas in floodplain, seep areas, geological fault areas, and nonproductive agricultural areas. O.Policy 1.1 Discourage uses other than open space, agriculture, parks, recreation, and other related activities in floodplain, seep areas, geological fault areas, and other areas having natural features of public interest. O.Goal 2 Weld County will cooperate with local, state, and federal agencies to identify, conserve, and protect fish and wildlife habitat by attempting to implement measures for the protection of such areas. 6-3 O.Goal 3 Landuse activity proposed for areas designated as open lands, or for visually prominent areas, should preserve, enhance and maintain significant or unique natural land features, including streams, lakes, ridges, valley, meadows, large tree clusters, rock outcroppings, and drainage. O.Policy 3 Stabilization and landscaping of final landforms shall be required and runoff controlled to historic levels. O.Goal 4 Development improvements should minimize visual scarring from grading, road cuts, and other site disturbances and should integrate new landscaping with the existing natural landscape. In addition, stabilization and landscaping of final landforms and continuous maintenance of new landscaping should be assured. O.Goal 5 The County will strive to conserve significant stands of trees and shrubs, large expanses of prairie grasses, and unique forms of vegetation and land area. O.Policy 5 The County will work to reduce the proliferation of noxious weeds in an environmentally sound manner in compliance with state laws. O.Policy 5.1 Significant stands of vegetation shall be identified during the land review process. Identified stands will be preserved whenever possible. Improvements should be located to minimize the removal of vegetation. 2510929 B-1566 P-557 09/13/96 03:58P PG 61 OF 72 NATURAL RESOURCES O.Policy 5.2 Attractive, drought -tolerant landscaping should be strongly encouraged in all land use documents; and O.Policy 5.3 Drainage channels should be designed to incorporate natural vegetation and be constructed to conform to the natural landscape; channelization of natural drainageways is strongly discouraged. O.Goal 6 Provision should be made for open space to meet human needs throughout the County in order to protect and enhance the quality of life and enjoyment of the environment. O.Goal 7 Adequate parks and recreation facilities should be encouraged throughout the County and should be integrated whenever suitable. O.Goal 8 Open space should be promoted as a buffer zone as a means for protecting from development those areas which have significant environmental, scenic, or cultural value. O.Policy 8 When alternatives are not available the Weld County Comprehensive Plan, Subdivision and Zoning Ordinances should encourage mitigation as a tool for decreasing negative impacts to natural resources. O.Goal 9 The private sector, non -county agencies, and other governmental jurisdictions should be encouraged to participate in open space preservation and trails development in Weld County. 6-4 O.Goal 10 Whenever possible, open space within a development should be connected to existing open space. This would create a system in which farming can be implemented, wildlife can move through, and visual qualities can be maintained. GENERAL RESOURCES This section has been developed in conformance with Title 34, Article 1, Section 304, CRS. The Comprehensive Plan is intended to provide appropriate goals and policies to utilize the County's mineral resources ensuring that adverse environmental effects resulting from surface mining operations are minimized. Weld County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel has an economic affect on the general construction and highway construction industry. In some instances, sites containing significant quantities of mineral deposits are located in areas characterized by other land -uses and natural resources. Because the uncontrolled operation of a mine site has the potential for adversely affecting surrounding land -uses, roads, residents, and the environment, a specialized use permit is required in accordance with the Weld County Zoning Ordinance. As of 1987, the mineral resources known to be located in Weld County include sand and gravel, coal, and uranium. The maps at the end of this document illustrate the wide distribution of minerals within the County. These mineral deposits vary greatly in quantity and quality. Most of the high quality sand and gravel deposits in Weld County are found along major drainage, either under the floodplains or in adjacent stream terraces. Some lower quality deposits are found in older alluvial deposits. Aeonian sand deposits can be found in some upland areas. A major portion 2510929 B-1566 P-557 09/13/96 03:58P PG 62 OF 72 NATURAL RESOURCES of Weld County is underlain with coal. This coal forms a portion of the Boulder -Weld field, which is included in the Denver Basin coal region. Portions of Weld County, north of Colorado State Highway 14, have been tested and have shown occurrences of uranium deposits. Currently, there are no producing uranium mine sites in the County. Commercial and Mineral Deposits In this plan, General Resources has been divided into two subcategories: Commercial/Mineral Resources, which cover those minerals under Title 34, and oil and gas minerals detailing oil and gas production in Weld County. Commercial/Mineral Resource Deposits Goals and Policies CM.Goal 1 Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with Colorado State Law. CM.Policy 1 Access to future mineral resource development areas should be considered in all land -use decisions in accordance with Colorado State Law. No Weld County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. CM.Goal 2 Promote the reasonable and orderly development of mineral resources. 6-5 CM.Policy 2 The operation of a mine site in unincorporated Weld County shall be subject to obtaining a Use by Special Review permit in accordance with the Weld County Zoning Ordinance. CM.Goal 3 Minimize the impacts of surface mining activities on surrounding land -uses, roads, and highways. CM.Policy 3 An application for a mine site located within an Urban Growth Boundary Area, Unincorporated Community, I-25 Mixed Use Development area and Urban Development Node, or Agricultural Area should be reviewed in accordance with the goals and policies of the area in which the application is located. CM.Goal 4 Minimize hazardous conditions related to mining activities and the mining site. CM.Policy 4 In reviewing the operational and reclamation plans for a mining operation, the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties. This should include: CM.Policy 4.1 Requiring the location and design of excavated areas, structures, machinery, equipment storage, and stockpiling of mined materials to be compatible with surrounding land -uses in terms of: general use, scale, density, traffic, dust, and noise; CM.Policy 4.2 Maintaining roadside and perimeter vegetation and setback requirements which serve to shield mining operations 2510929 B-1566 P-557 09/13/96 03:58P PG 63 OF 72 NATURAL RESOURCES including storage of equipment, stockpiled soils and materials from public view; CM.Policy 4.3 Requiring that access roads to and within the site be located in a manner which minimize traffic impacts on surrounding land uses; CM.Policy 4.4 Requiring the land -use applicant to demonstrate to the satisfaction of the Board of Commissioners that the street or highway facilities providing access to the mining activity are adequate in functional classification, width, and structural capacity to meet the requirements of the proposed mining activity. Internal road circulation, off street parking, dust abatement, acceleration lanes, deceleration lanes, common access collection points, signalization, and other traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the mining activity. Applications for mining should also be reviewed in accordance with the transportation goals and policies; CM.Policy 4.5 Requiring, where possible, that batch plants and processing equipment be buffered from adjacent uses. CM. Policy 4.6 Requiring that security fencing be erected and maintained around extraction sites, as necessary, to minimize the attractive nuisance hazards inherent in operations located near urban uses; CM. Policy 4.7 Requiring mining operations to use warning signs, fences, guards, lighting, and other means to warn and protect people from mine site hazards such as 6-6 steep slopes, holes, ponds, and heavy equipment; CM.Policy 4.8 Ensuring that all mining operations conform to federal, state, and local environmental standards; and CM.Goal 5 Provide for timely reclamation and re- use of mining sites in accordance with the Comprehensive Plan, Subdivision and Zoning Ordinances. CM.Policy 5 The County should consider the potentially adverse environmental effects of mining operations and generally require: CM.Policy 5.1 Disturbance of vegetation and overburden in advance of mining activities should be minimized; CM. Policy 5.2 Topsoil should be saved and utilized in site reclamation; CM.Policy 5.3 All reasonable and practical measures should be taken to protect the habitat of fish and wildlife; CM.Policy 5.4 The operation should comply with County flood hazard and geological hazard regulations; CM.Policy 5.5 The final reclamation of the mine site should return the land to a form and productivity that is in conformance with the established comprehensive plan for the area; 2510929 B-1566 P-557 09/13/96 03:58P PG 64 OF 72 NATURAL RESOURCES CM.Policy 5.6 The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is re-established; and CM.Policy 5.7 Trucking operations dealing exclusively in the transport of mined materials may be permitted on the mine site when incorporated in the operational plan for the mining operation. Oil and Gas Deposits Oil and gas development in Weld County is an integral part of the Weld County economy and has a substantial direct and indirect impact on current and future land use. Oil and gas development is cyclical but the economics of drilling has caused extensive drilling activities in Weld County. The area of the most intensive recent drilling activities coincides, to a large part, with prime irrigated farmground. Recent developments in case law and statute have made it clear that counties have some land use authority over oil and gas development despite a partial preemption by the State acting through the Colorado Oil and Gas Conservation Commission. No court has actually heard evidence and reviewed a set of local regulations to determine exactly where conflicts arise between the State statutory purposes and local regulations and there is still debate as to what standard the Court should actually apply in determining conflicts. Oil and Gas Goals and Policies. 0G.Goal 1 Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses. 6-7 OG.Policy 1 Weld County should encourage cooperation, and coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate; OG.Policy 1.1 New planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated; OG.Policy 1.2 Oil and gas drilling activities should be planned to take into account current and future surface planned unit development and subdivision activities to the extent such development can reasonably be anticipated. OG.Policy 1.3 Weld County will seek the imposition of protective measures through available state, county, and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts; OG.Policy 1.4 Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review in accordance with the appropriate section of this Plan; and OG.Policy 1.5 Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses. Well sites should be 2510929 B-1566 P-557 09/13/96 03:58P PG 65 OF 72 NATURAL RESOURCES reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existence of improperly abandoned or unlocated equipment, such as wellheads or flowlines. 6-8 2510929 B-1566 P-557 09/13/96 03:58P PG 66 OF 72 APPENDIX Right to Farm Covenant Transportation Definitions - Arterial Roads Collector Roads Local Roads Sources Original Ordinance 147 Ordinance 147G 2510929 B-1566 P-557 09/13/96 03:58P PG 67 OF 72 7-1 RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County maybe open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the size of the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents (need or must) be responsible for their children. 2510929 2-1566 P-557 09/13/96 03:58P PG 68 OF 72 7-2 TRANSPORTATION DEFINITIONS Arterial Roads Arterial roads provide for the corridor movement and distribution of traffic with trip lengths and travel densities for substantial statewide or countywide travel. Some arterial road characteristics are as follows: Paved arterials will normally have an ADT greater than 1000. Unpaved arterials may have an ADT of 200 or greater. Arterials will be designed for a speed of 55 MPH. For better movement of traffic and safety of the traveling arterials shall have no direct accesses. Direct accesses will be provided only for hardship cases or for high traffic generators. Direct accesses will usually be limited to incoming collector roads, i.e., one cross road intersection per mile. Arterial roads provide for the corridor movement and distribution of traffic with trip lengths and travel densities for substantial statewide or county wide travel. Collector Roads Collector roads combine smaller traffic flow until they reach a volume that warrants an intersection along an arterial roadway. Collectors expedite movement of traffic in the local area. Collectors serve a dual function between mobility and land access by connecting local roads to arterials. Collector roads serve smaller communities and neighborhoods, as well as travel of primarily a countywide nature. The characteristics of a collector road are: Paved collectors will normally have and ADTa of 200 to 1000. Unpaved collectors may have an ADT of 100 or greater. Collectors will be designed for a speed of 45 MPH. Direct accesses will be limited to six per mile. New individual lot access will be permitted in hardship cases. A distance of 1025 feet will be maintained between cross road intersections whenever practical. Collector roads combine smaller traffic flows until they reach a volume that warrants an intersection along an arterial roadway. Collectors expedite movement of traffic in the local area. Collectors serve a dual function between mobility and land access by connecting local roads to arterials. Collector roads serve smaller communities and neighborhoods. Collector roads serve travel of primarily a countywide nature. 2510929 B-1566 P-557 09/13/96 03:58P PG 69 OF 72 7-3 Locator Roads Local roads provide direct approaches to individual or other properties. A local road should move the traffic from a developed area and lead it into a collector road at a single point of access. Local county roads are designed for lower speeds and lower traffic volumes. Local roads will be designed for a speed of 35 MPH. Not more than one access per lot/legal parcel shall be permitted. To the greatest extent practical, the number of accesses on all local roads shall be kept to a minimum. The multiple use of accesses shall be encouraged. A minimum distance of 825 feet should be maintained between cross road intersections. The minimum distance between any two road intersections should be not less than 500 feet. In general, the design of new roads should allow for sufficient distance between intersections to allow motorists to complete an avoidance maneuver for speed/path/direction change for the urban/rural conditions present. Reference is made to the AASHTO Manual on Geometric Design of Highway and Streets. Local roads provide direct approaches to individual or other properties. A local road should move the traffic from a developed area and lead it into a collector road at a single point of access. Local county roads are designed for a lower speed and a lower traffic volume. 2510929 B-1566 P-557 09/13/96 03:58P PG 70 OF 72 7-4 SOURCES 1. Census of Population and Housing. (1990). U.S. Department of Commerce Bureau of the Census. 2. CHAS for Larimer and Weld Counties. 3. Colorado Ag Statistics Service. July 1990. Colorado Ag Statistic 1990. Denver, Colorado. 4. U.S. Depail,nent of Commerce - Bureau of the Census. May 1992 1990 Census of Population and Housing, Summary Colorado. Washington D.C. 5. Colorado Department of Health - Health Statistics Section July 1992. Colorado Vital Statistic 1990. Denver, Colorado. 6. Colorado Division of Local Government - Department of Local Affairs. July 1992. 1990 Census Information on the State of Colorado. Denver, Colorado. 7. Colorado Division of Planning. 1972. Water and Sewer Facility Plan for Weld County, Colorado. Denver, Colorado. 8. Colorado State University and Colorado Department of Ag. 1991. Colorado's Farm and Food System: Farm and Agribusiness Contributions to the Colorado Economy. Fort Collins, Colorado. 9. Eugene G. Siemer. (Dec. 1977). Colorado Climate. In J.W. Beny A Climatic Summary for Colorado (pl CLM-CIM-19). Colorado State University. Fort Collins, Colorado. 2510929 B-1566 P-557 09/13/96 03:58P PG 71 OF 72 7-5 BE IT FURTHER ORDAINED by the Board, that an applicant for a land use who has not yet been heard prior to the effective date of this Ordinance before the Planning Commission or, if applicable, the Department of Planning Services for matters not considered by the Planning Commission, will be considered under the terms of this Ordinance. However, any applicant whose land -use application that is pending before the Board of County Commissioners on the effective date of this Ordinance will have the option of preceding under the prior provisions of the Comprehensive Plan or requesting that the application be remanded to the Planning Commission or, if applicable, the Department of Planning Services, to repeat the review process using this Ordinance. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 147-G was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 1995. BOARD OF COUNTY COMMISSIONERS l9pti ty Attorney First Reading: Publication: July 17, 1995 July 20, 1995, in the Windsor Beacon Second Reading: Continuance of Second Reading: Publication: Final Reading: Continuance of Final Reading: Publication: Effective Date: LD COUNTY, OLO- • '4O Dale K. Hall, Chairman ar f, a J. Kirkme er, Pro-Tem Georg- E. Baxter Constance L. Harbert July 31, 1995 August 14, 1995 August 24, 1995, in the Windsor Beacon September 6, 1995 September 11, 1995 November 16, 1995, in the North Weld Herald November21, 1995 2510929 B-1566 P-557 09/13/96 03:58P PG 72 OF 72 951327 ORD147G Hello