HomeMy WebLinkAbout961192 3-211 ORDINANCE NO. 147-I
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS TO THE
ENVIRONMENTAL SECTION OF ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE
PLAN ORDINANCE, AS CURRENTLY AMENDED
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has the power and authority under the
Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and
policies for the unincorporated areas of the County of Weld, and
WHEREAS,the Board of County Commissioners of the County of Weld, State of 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 and 147-B, as well as
Ordinance No. 147-D through 147-H, and
WHEREAS, the proposed Comprehensive Plan revision has 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 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 Environmental Section, Section 5, of the Weld County
Comprehensive Plan be repealed and re-enacted to read as follows:
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
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ENVIRONMENTAL RESOURCES
The condition of the environment has been of increasing concern for the residents of the entire
nation and Weld County. Erosion, sedimentation, reduced water quality, loss of productive
farmland, and reduced fish and wildlife habitats are a few of the problems which are facing Weld
citizens. Environmental quality is inextricably tied to quality of life and enjoyment of property. In
order to preserve a healthy and positive quality of life for Weld County citizens, the following four
principles should be considered in all land use issues:
1. Environmental degradation from development either should be reduced or eliminated in
order to prevent harm to life, health, and property.
2. Prime agricultural land is a limited resource of economic value and should be protected
from adverse environmental impacts.
3. The County shall encourage and promote coordination and cooperation between Federal,
State and Local governmental entities charged with making decisions which may have
environmental impacts on land uses and residents in Weld County.
4. Impacts from proposed land uses on air, water, waste, noise, and public health should be
considered.
Water Quality
Weld County is a semi-arid region with a water system including aquifers, canals and reservoirs.
Over the years there has been a large investment in facilities to collect and store water from the
mountain snows and distribute it to the plains where it can be used efficiently.
The efficient development of water resources has assisted agriculture, industry, commerce, cities,
and towns to prosper. For continued efficiency, the location, type and density should
accommodate the proposed use. Adverse effects on water quality and quantity or erosion of land
shall be minimized.
The Water Quality Control Commission, a citizen board appointed by the governor, subject to
confirmation by the State Senate, defines water quality regulation and policies in Colorado. The
Colorado Department of Public Health and Environment administers the Water Quality Program
throughout the State. Weld County Health Department has been designated a management
agency for its jurisdiction as part of the water quality plan.
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 and the Zoning and Subdivision Ordinances.
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Water Goals and Policies
WA. Goal 1
Weld County residents are encouraged to conserve water.
WA. Policy 1
Landscaping using native low water use plants and water conservation techniques is encouraged.
WA. Policy 1.1
Application for new development should include provisions for adequately handling drainage and
for controlling surface erosion or sedimentation within the site itself.
WA. Goal 2
Weld County will strive to maintain Federal Drinking Water Standards in aquifers which
provide drinking water for domestic and public use.
WA. Policy 2
As conditions warrant, applicants proposing unsewered divisions of land or development shall
evaluate the impacts on groundwater quality.
WA. Policy 2.1
Potential groundwater pollution from septic system use shall be minimized by requiring upgrades
of inadequate facilities.
WA. Goal 3
Weld County will strive to maintain water supplies adequate to sustain prime agricultural
land.
WA. Policy 3
Weld County discourages the diversion of water from agricultural uses.
WA. Policy 3.1
Weld County will favor applications that return water to abandoned agricultural land for productive
agricultural use.
Air
State Air Quality Regulations and Policies are defined by the Air Quality Control Commission, a
citizen board appointed by the Governor, subject to confirmation by the State Senate. The Air
Pollution Control Division of the Colorado Department of Health administers the Air Pollution
Control Program throughout the State on a regional basis with local governments and local health
agencies.
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Weld County is committed to maintaining compliance with all national air quality standards for
criteria and hazardous pollutants. The pollutants currently causing the most concern in Weld
County are two "criteria pollutants", carbon monoxide and particulate matter. The Greeley urban
area has been listed as a non-attainment area for national pollutant standards. The City of Greeley
has a Strategic Implementation Plan and is developing a maintenance plan for future compliance
with Clean Air Regulations. Development in and adjacent to this area should be consistent with
these plans.
In addition to emissions of criteria and hazardous pollutants, Weld County is concerned with
nuisance emissions of odor and dust. Weld County will encourage development to occur in a
manner that minimizes these impacts.
Air Goals and Policies
A. Goal 1
Maintain National Air Quality Standards and where practicable improve air quality in Weld
County.
A. Policy 1
If applicable, land-use applications will demonstrate future impacts on current air quality.
A. Policy 1.1
Land use applications will be evaluated by the Weld County Health Department for compliance with
Federal, State, and County statues, regulations, and ordinances.
A. Policy 1.2
As a land-use regulatory authority, Weld County is responsible for decisions which have a
significant effect on air quality. By encouraging residential, commercial, and industrial development
to occur within municipalities, urban growth boundary areas, and the 1-25 Mixed Use Development
area, County policies promote proximity of jobs and services to residences.
Noise
Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged
periods can be a threat to public health. Statutory noise standards have been established for areas
where commercial, industrial, and residential uses are located.
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Noise Goals and Policies
N. Goal 1
Minimize the impact of noise on Weld County residents.
N. Policy 1
Land use applications will be evaluated by the Weld County Health Department for compliance with
Federal, State, and County statues, regulations, and ordinances.
N. Policy 1.1
The Weld County Health Department will prescribe noise level standards for land use applications
when appropriate.
Waste
If managed carefully,waste can have a positive economic benefit. Energy production and recycling
are two examples of positive benefit. However, if improperly managed, waste can impinge upon
the public's health and environment while contributing to nuisance issues (rodents, odors, etc.)
The County encourages resource recovery from waste. Personal responsibility, "Buy Recycled"
policies and the appropriate use of compost are suggested as stimulus for resource recovery.
Waste is both an important part of our local environment and the economy. Weld County wishes
to ensure:
1. There are no negative impacts from waste on human health or the environment now or in
the future.
2. The availability of quality waste options, at a reasonable price, exists for Weld County
residents long into the future.
Waste is divided into five subsections as follows:
- Transfers, Processing and Diversion
- Final Disposal
- Exploration and Production Waste
- Sludge
- Hazardous Waste
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Transfer, Processing and Diversion
Important components of the waste management include the transfer, processing and diversion
of wastes. Transfer refers to the movement of waste from the generator to other components of
the waste management process. Processing refers to the conversion of generated waste to
reusable forms or to a more safe or efficient form for final disposal. Diversion refers to the removal
and reuse of waste through recycling or other means.
Transfer. Processing and Diversion Goals and Policies
TPD. Goal 1
The County expects its businesses, residents, and landowners to prevent negative impacts
on human health and the environment from waste processing or disposal.
TPD. Policy 1.0
Land use applications will be required to characterize the waste stream associated with the
proposed land use.
TPD. Policy 1.1
The applicant shall submit a plan to manage waste that is consistent with Federal, State, and
County statutes, regulations, and ordinances.
TPD. Goal 2
All facilities in Weld County which handle, collect or process waste will maintain an active
role in solid waste management resource recovery of such waste.
TPD. Policy 2
Weld County encourages haulers and collectors of waste to provide composting and recycling
options for customers.
Final Disposal
Final disposal is the ultimate management option for waste which cannot be diverted through other
options. Weld County wants to ensure that all final disposal of waste is done in a manner
protective of public health and the environment.
Final Disposal Goals and Policies
F. Goal 1
All final disposal facilities in Weld County will locate, develop, and operate in a manner that
minimizes interference with other agricultural uses, rural settlement patterns, and existing
residential communities.
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F. Policy 1
Weld County shall collect surcharges from final disposal facilities which cover waste monitoring
tasks performed by staff, road maintenance, litter pick-up, public education, household hazardous
waste collection, or other costs identified by the Board of County Commissioners.
F. Policy 1.1
Compatibility with existing and future land-uses (identified at the time of application) must be
demonstrated in terms of visual impact, pollution prevention, pollution control, traffic, dust, noise,
land-use scale and density, infrastructure, topographic form geology, operating plans, closure and
reclamation plans, and buffer zones. Land-use incompatibility can become an issue if determined
that the final disposal facility site will cause negative impacts by visually degrading or contaminating
other surrounding land uses.
F. Policy 1.2
Appropriate infrastructure, which provides adequate access to final disposal facilities is required
for approval.
F. Policy 1.3
Applications submitted for final disposal facilities will be evaluated by Weld County Health
Department for compliance with Federal, State, and County statutes, regulations and ordinances.
Applicants must demonstrate adequacy of access roads, grades, leachate and drainage control,
liner(s), fencing, site improvements, reclamation plans, general operations, service area, permitted
capacity or air space, buffer zones, and other appropriate requirements.
F. Policy 1.4
The County may require new final disposal facility applicants to demonstrate that resource recovery
and recycling programs have been adequately studied as an alternative or component.
Exploration and Production Waste
A large amount of water is extracted during the production of crude oil and natural gas. The waste
water produced from exploration and production (E & P) waste is frequently brackish or salty and
must be processed and disposed of in a satisfactory manner to protect both human and
environmental health.
Weld County has observed nuisance conditions violating state odor regulations and groundwater
impacts at E & P waste surface impoundment facilities.
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Exploration and Production Goals and Policies
EP. Goal 1
Weld County encourages the minimization of E & P waste. Further, Weld County requires
the safe disposal of E & P waste.
EP. Policy 1
Due to the level of impact from and increasing public concern about surface impoundments, other
alternatives for disposal shall be considered
EP. Goal 2
E & P waste facilities shall be planned, located, designed and operated to encourage
compatibility with surrounding land uses in terms of general use, scale, height,traffic, dust,
noise, and visual pollution.
EP. Policy 2
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.
EP. Policy 2.1
All applicable land use applications will be reviewed by the Weld County Health Department for
compatibility with State, Federal and County statutes, regulations, and ordinances.
Sludge Waste
Like other wastes, septage waste can have negative impacts on human health and the
environment. Improper application of septage waste can lead to health problems and also
nuisance issues. At the same time, these wastes are important resources to an agricultural
community as soil enhancements and fertilizers, when properly applied.
Sludae Goals and Policies
S. Goal 1
In order to prevent contamination of groundwater or other water caused by the improper
application, handling, and processing of sludge and septic system waste. Sludge should
be applied, handled, and processed in a manner which ensures safe use now and avoids
water contamination.
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S. Policy 1
All applicable land use applications will be reviewed by the Weld County Health Department for
compatibility with State, Federal, and County statutes, regulations, and ordinances.
Hazardous Waste
Hazardous waste can pose unacceptable levels of risk to human health and our environment.
Improperly managed hazardous waste has led to public health disasters around the world. In
addition, Household Hazardous Waste (HHW) are unregulated, but nonetheless can pose an
unacceptable level of risk. Therefore, HHW should be diverted from landfills. The County has a
HHW program which provides alternative handling methods for Weld County residents.
Hazardous Waste Goals and Policies
H. Goal 1
Weld County encourages the minimization and careful collection of hazardous waste.
Further,Weld County requires the proper disposal of hazardous components, products, and
waste.
H. Policy 1
All Weld County producers of hazardous waste and users of hazardous constituents will comply
with Federal, State and County statutes, regulations, and ordinances regarding use, reporting,
storage, and disposal of hazardous waste or products.
H. Policy 1.1
Because of the possibility of permanent damage to life, health, and the environment, and because
the County continues to demonstrate an increasing population base, permanent and final
hazardous waste disposal facilities shall not be located in Weld County.
BE IT FURTHER ORDAINED by the Board that this Ordinance No. 147-I, insofar as it is
the same as Ordinance No. 147 as amended, is intended to be a continuation of the prior
ordinance and not a new enactment.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in each
and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the
fad that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might
be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 147-I was, on motion duly made and
seconded, adopted by the following vote on the 19th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
Gr, WE D COUNTY, COLORADO
ATTEr�T � � - , a/c,Gc,241L�.
'Barbara J. Kirkmeyer, Ch irmar Y
:laa
eorgexterr
Dal� ,
e• K. Hall
APPR Y D AS TO FORM: /1
Constance L. Harbert
ty Attorney . / J ft'-1-) / Tha Yr/7
W. H. ebster
First Reading: July 17, 1996
Publication: July 25, 1996, in the North Weld Herald
Second Reading: August 5, 1996
Publication: August 8, 1996, in the North Weld Herald
Final Reading: August 19, 1996
Publication: August 22, 1996, in the North Weld Herald
Effective Date: August 27, 1996
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ORDINANCE NO.1474 i°
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AY ENVRONMENTAL SECTION OF ORDINANCE NO.
147,WELD COUNTY COMPREHENSIVE PLAN ORDINANCE,ASCIIRRERT[Y ATIi!D DN
BE R ORDAINED BY THE BOARD OF COUNTY COMMNMONERS OF THE COUNTY OF WILD,STATE OF COLORADO:
•WHEREAS,the Board of County Commissioners of the County of Weld,Btida of ceforedo,unguent t Colorado statute and the ,_ AFFIDAVIT OF PUBLICATION
Weld Couhty'Home Rule Charter,is vested with the authority of adrninlataing the afMrs d Weld County,Colorado,end
WHEREAS the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Ar-
ticle 28 of Title 30,CRS.to adopt planning goals and policies for the unincorporated arses of the County of Weld and STATE OF COLORADO
WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,has adopted Ordinance No. ' ss.
147,Weld County Comprehensive Plan,establishing a ratwrtek/a revision of the planning goals andC p the unincorporated ar- •.; COUNTY OF WELD
eae of the County of Weld and has adapted amendments In as No.147-A and 147.8, well as S No.147-0 through 14741,
and
- I, Bruce J.Bormann,of said County of Weld,being duly
WHEREAS,the proposed Comprehensive Plan revision has been rata lMi by the Weld County Planning Commission and the ,. that I am Publisher of
Board of County Commissioners,and sworn,say
WHEREAS,the Board of County Commissioners of Weld Coney hereby finds and determines that there Named for a revision r THE NORTH WELD HERALD
of the Comprehensive Plan for the County of Weld,and that this Ordinance is for the benefit of the health,safely,and welfare of the people of '
Weld County.
a weekly newspaper having a general circulation in said
Environmental ,THEREFORE,
Tr ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that the '4 County Comprehensive Plan be repealed and reenacted to read as follows: County and State,published in the Town of Eaton,in said
ENVIRONMENTAL RESOURCES , County and State;and that the notice,of which the annexed is
The condition of the environment has been of Increasing concern for the residents of the entire nation and Weld County.Erosion,wdimen- a true copy,has been published in said weekly newspaper for
Cation,reduced water quality,loss of productive farmland,and reduced fish and wildlife habitats are a few of the problems which are fadn
Weld citizens.Environmental quality Is Menmtgby tied to quality life and�l« of p dry In order to preserve a hNShy and post one successive week(s),that the notice was published
live quality of life to Weld County anus,the Mowing lour principles t* In all land use Wow: '
in the regular and entire issue of every number of the paper
1. Environmental degradation from development either should be reduced or eenated in order to prevent harm to lab,health.and ,
property. during the period and time of publication, and in the
2. Prime agricultural lend is a limited resource el economic value and should be praad ed from adverse environmental impacts. '. newspaper proper and not in a supplement,and that the
3. The County shall encourage and promote coordination and cooperation between Federal,State and Local governmental entitles , publication of said notice:
charged with making decision which may have environmental.Impacts on land uses and residents b Weld-County. ' Ordinance No.147-I
4. Impacts from proposed land uses on air,water,waste,noise,and public health should be considered. Final Reading
Water Quality ,
was in said newspaper bearing the date(s) of:
Weld County lea senna-and region with a water system Includingaquifers,canals and reservoirs. Over the years there has been a large in-
vestment In fecNtlsa to collect and store water train the Inountahl snows and distribute It to the plains where it can be used efficiently. T•
hursday,the 22nd day of August,1996
The efficient development of water resources has assisted agriculture,'Mushy,commerce,thee,and towns te prosper. For continued effi-
ciency,the location,type and density should accommodate the propoeed,use. Adverse effects on water quality end quantity or erosion of
lend shan_be minimized. Thursday,the day of August,1996
The Water Quality Control Commission,a citizen bode appointed by thepsven subject to doMnnaayi rtonn by The SMU Senate,defines wa-
ter quality mutation and policies In Colorado. The Cuioade Dapamw Public+Nein fed Environment administers the Water Quality Thursday,the day of August,1996
Program throughout the State. Weld County Health Department has been designated a management agency for Its Jurisdiction as part of the
water quality plan.
As a management agency,Weld County has a respatWliy to steroid McNair�on ester pWiy considerations. This re-
sponsibility is partly fulfilled by evaluating water quality coslderaio&associated with dropouts N.accordance with the stan-
dards set forth in this Comprehensive Plan and the Zoning and SuWivteton Ordinances. and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of 52
WA.NMI 1
Weld Misty realdenbOmsorowpsdtooarwvewaist• ' consecutive weeks,in said County and State,prior to the date
Wn Paley fusing native low water use plants and water conservation techniques b encouraged: of first publication of said notice,and the same is a newspaper
Landscaping
WA Policy 1.1 within the meaning of an Act to regulate printing of legal
Application for new development should include provisions for adequately handling drainage and for controlling surface erosion or sedimen- notices and advertises ,approved May 18,1931,and all
totem Whin the eft self.
WA Goal 2 - prior acts so far as in
Weld County will strive to maintain Federal Diktat*Water Standards In aquifers which provide drinking waver Is,domestic and public,
lies.
WA.Polley 2 14T ^-'
As conditions warrant,applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality.
RU J.BORMANN,PUBLISHER
WA.Policy 2.1
Potential groundwater pollution from septic system use shall be minimized by requiring upgrades of inadequate facilities.
WA.Goal 3 Publication Cost:$ 228.08
Weld County will stove to maintain water supplies adequate to sustain pine eprtoulturet land.
WA.Polley 3
Weld County discourages the diversion of water from agricultural uses.
WA.Policy 3.1 ilY'ff ",a,
Weld County wit favor applications that return water to abandoned agricultural land for productive egricullunt use. Subscribed and sworn to before me `,:lk. -•-••�.08e %
Al, �: •e 1
this 22AID day of August,1996 i 7 fI
State Air Quality Regulations and Policies are defined by the ter Quality Control Commission a citizen board appose by the Governor, j I ERIKA C. I
subject to confirmation wtion by the State Senate. The Air Pollution Control Division of the Colorado Commission,
meat of adminbt.rs the Air Pol- '1 ' BAGLEY ! 5
committed
Control Program throughout the State on 4 regional bade with local governments and local lu kh spar cle.. •�
Wald County Is scommitted to maintaining compliance With al national air quality standards for criteriaend Mipdous pollutants,The Milo- ��11 l 1. i f i
rents currently causing the most concem in Weld County are two'criteria pollutants",carbon monoxide and particulate maWr. The Greeley I t.4.. O
11 son•. �i
urban area has been brad sermon-attainment e an-edplan for E area.for national pollutant withCl an Air standards. The Ciy of Greeley has a and atepc tMglernssti a ERIKA C.BAGLEY,NOTA PU LIC It.fr••.••.•• .. Q,�
Plan and la developing a maintenance plan future compliance with Clean.Air Regulations. dl
egW Development in ■ to this area 1 A s
should be consistent with mesa plans. N%C OF COLD
In addition to emissions of criteria and hazardous pollutants,Weld County is concerned with nuisance*missions of odor and dust. Weld My commission expires October 21,1999 ♦may= �g
County will encourage development to occur in a manner that minimizes these impacts.
q� t3Nabana Mr Grailegralitileillo ant whwplooleale lelprove a duality In Weld County.
If applicable,land-use applications will demonstrate future impacts on current air quality.
A.Paley 1.1
Land use appecatio s wyl be evaluated by the Weld County Health Depanna*for co pounce with Federal.Bliss,and County statues,rop-
ulatlons, and ordinances.
A.Policy 12
M a land-We regulatory authority.Weld County b responsible for decisions which have a elgngkant ayt on air quallN. By encores
residential, ea,Coady poi Industrial kas promote.��mIty of jobs and services
ervicmunicipalities,sprawns M area, and the I-25 Mixed Lai
DevelNaas
Noise b a source a environmental pollution. 6Ma sure to excessive noise levels over prolonged periods can be a threat to public hat.
de Statutory no standards have been established iris areas arse commercial,industrial,end resident*uses are located.
��Wi�ltaaaaltG. SPiilYr
IttliaSe the Impala ales at Weld Csuntyreeldel..
Ifiageloy1
1taalee zilldWors will be evaluated by the Weld County Health Deportment for compliance with Federal,Stale,and County statues,ree-
k
uYple�s,ant adlances.
1.1
The WWII county Health pigalMent wIA pHs,cash YNNt!leFl fOr WIW .IgMIBlegera faelf nMlata--
IMbadesf 11 1 1 NY i1Qw t t MMe Of positive bait •
Iwo *hi nuisance issues
The Cour,snail Oi*;'Maaaua IOPYary k6m waarta.� •: pa d a.and the appropriate use of comae
w suggested as anal*tar eti1 *,saalivery.
Wale Is both an important gain.IOW environment and the eeenong. Weld Caney wishes le enwrt
1. There are no neat*ape*from waste on human health or the environment now or in the future.
2. The availability a eally we options,at a reasonable price,nide for Weld County reeldattis tM into the future.
Waste Is divided Into five suaaaedess r follows:
• Translate,
Dlepeeal^_g and Distentionu
Ex sod Peeducabn Waste
Were
Trait*,Prowpoeelng and w/4saea
a w Important
tan ham ailments
ents of
the
moot* liendens a theLis.the transfer.processing ratan b•riu mates rstson Ito Me moveramdwedo
toot
rateable tome or e a recta that=tom
term to 1MM moms
man to too
wont rd rouee.2i vwb czar
rM,Yts"
a ether means.
.__aWle and PSIS MI.The eo ty expects its Was aaa,maiden,and Irdamere to Parent negative knpeota on buns^MOM sod the wMrersnstd Nw
waste processing or Ngasel.
TPD.Polley 1.0 Lard use applications will be required b characterize the waste stream associated with the proposed land use.
TPD.Polley 1.1 ordinances
applicant shall submit a pM a Matt*waste that b consistent with Federal,State.and Count''moon s,Marian.and
170.Goal 2
Alf aellides in Weld Casa SW*kindle,collect or wean wale will maMNstn an active role in solid waste mstepemant reemete w'
orrery of such waste.
T►D.Policy 2 and options for customers.
Weld County encourages haulers and collector*of vale Nprovide compostingrecycling
Final Disposal
Final disposal is the uitkmae menagelaent option for waste which cannot be diverted through other options. Weld County wants to ensure
that all final disposal of wise le dens in a manner protean, public health and the environment.
Rest Disposal Goals miss
F.Goal1 ypu,,nty,will All final Wes,rural disposal faces p in W_ant esbBnp residential locate,
develop,and
communities.
des• In a warmer tat SnakesNtlel%ralae with other agricultural settleF.Policy 1
Weld County shall Sleet ewsllargs from final disposal facilities which cover waste tees* performed by staff, road male-
.
nonce,litter pick-up,public lid ueeden, household hazardous waste collection,or other pate by the Board of County Co -
ee.
F.Polley 1.1
Compatibility with existing and future land-uses(Identified at the time of )must be demonstrated Ind of visual ,Mito-
closure andrreclamationllution corilrel,Ina plane,a d butter son es. LomFUN noise.land-use scab at ilftyescan an� e�de� d dopasi Pima
facility
site win cause negative Sawa W visually degrading or contaminating Sc'awroundi^g land uses.
F.Polley 12
Appropriate intrastrucsure,Sew provides adequate so aloe to fiMl:apeeel Watt*I required for approval.
F.Polley 1.3 Health Ospamrent for complbrde with Federal, State,
Applications submitted tar fad deposal facilities will be eaW� Wei CouMlrof access roads,grades,bec d drainage
and County (s),en,se.S to and mere, lit plans, °tiro leiarea, pwnlaed calumny Or air*Pace, buffer
es, iid othe fame,,.,ere a des a nts.
: zones,and other laP*Pfste sepdramstub.
F.Polley coo ty1.4aciDY sto demonstrate Mat resource recovery and regdi ngyrognms have been ado-
Stentorian Canty may require �,�pa�
quately tidied asovlYwmu�dFsbr
Exploritlon ad Production Waste
A large amount of water is extracted during the production of crude oil and natural lies. l�wast n awaste ory manner to r produced from explorationprat*omb ad
pro-
duction(E t P)waste is frequently breclm*or salty and mud be processed tot dsPoasa
and environmental health.
Weld Case 4a Casey ha esrvad name faeWans viola %stale regattaoregatta end ammi tape*et E a P want*ease'�4.b,
meal Nosldas.
galintiourtitilmailaramitaiLES
BP.dealt
Weld County eneaurapes the minimization of E 8 P waste. Further,Weld County taqulass the teedisposal of E S P waste.
EP.Policy 1
, Due to the level of impact from and increasing public cancer about suttees Impoundments,other alternatives for disposal shall be consid-
ered
EP.Goal 2
E A P waste facilities shall be oh looted,dmilpted and Meniscito encourage compatibility
with surrounding land uses In tams of
general use,scale,Might,trefbe ndust,note,and vita platen.
EP.Policy 2
In reviewing the operational and reclamation' for solta brine weal*disposal ec*les,the County shall impose such conditions as
necessary to minimize or eliminate the Potential adverse impugn of the operation on surrounding properties.
EP.Policy 2.1
All applicable land use applications will be reviewed by the Weld County Health Department for compatibility with State,Federal and County
statutes, regulations, and ordinances.
Sludge Waste
Like other wastes,saptege waste can have negague:impact on human health end the environment. Improper application of soutane was
ran lead to health problems and'aim mMnce lama. Al the same tins sees wades are Important resources to an agricultural cons
My as soil enhancements and fertilizers,when properly applied.
S.Goal 1
Ni wrier to prevent contamination of groundwater or other war mused by Ps Improper application,handling,and processing of e1u�
and septic system waste Sludge should be applied,hand handled,and prooeeaedlet a Wiser which ensures sale use now and avegs weir
IL Policy 1
AN applicable land use applications will be reviewed by the Weld County Health Department for compatibility with State, Federal, and
Courtly statutes, regulations,and ordinances.
leseendous Wass
Hazardous waste can pose unacceptable levels of risk to human health and ow enwronmsM. Improperly managed hazardous waste hes
led to public health disasters around the world. In addition,Household Hazardous Waste(HHW)are unregulated,but nonetheless can pot
an unacceptable level of risk. Therefore,HHW should be diverted from landfills. The County has a HHW program which provides alternates
handling methods for Weld County residents.
Endow Waste Goals and Polito
H.Geed 1
WW,��:encourages the m1 components,products,won careful collection of hazardous waste. Further,Weld County requires the proper diepssel
H.Paley 1 •
AN Weld County producers of hazardous waste and users of hazardous constituents will comply with Federal, State and County statutes,
regulations,and ordinances regarding use,reporting,storage,and disposal of hazardous waste or products.
N.Policy 1.1
Because of the possibility of permanent damage to life,health,and the environment,and because the County continues to demonstrate an
increasing population base,permanent and final hazardous waste disposal facilities shall not be located in Weld County.
BE IT FURTHER ORDAINED by the Board that this Ordinance No. 147-I, Insofar as it is the same as Ordinance No. 147 es
amended,is intended to be a continuation of the prior ordnance and not a new enactment.
BE IT FURTHER ORDAINED by the Board,If any section,saecU0n,paragraph,sentence,clause,or phrase of this Ordinance Is
for any reason held or decided to be unconstitutional,such dsdslon shall not Msilalaeo the validity of the remaining portions hereof. The Bawd
of County Commissioners hereby declares that it would have enacted this Of*tice in each and every section,subsection,paragraph,sari
erns, clause,pe and phrase thereof irrespective d the fact that any one or more section, subsections, paragraphs, sentences, clauses, or
phrases might
�elanndd foregoingunconstitutional i Hunter 14147-I was,on motion only made and seconded,adopted by the following vote on the
19th day of August,A.D.,1998.
MDp OF COUNTY COMMISSIONERS
000NTn,COLORADO
ATTEST: /a/.Donald D.Warden Id,Patera J.Klrknsysr
Weld County Cleric to the Board - Berbera.J.Klrkmeysr,Chair
(SEAL) ntstP E.Beater
GeN,M lT Bedar,ter
BY: /D�y ICiwHarding
the egBeetd rap R:gg K.Hell
��1fad'
APPROVED AS TO FORM:
W.Constance L.Harbert
C9natence L.Herbert
tel.Bruce T.Barker •
County Attorney W.H.Webster
W.H.Webster
First Reading: July 17,:1998
Publication: July 25,1998,in the North Weld Herald
Second Reading: August 5, 1996
Publication: August 8,1998,in the North Weld Herald
Final Reading: August 19, 1996
Publication: August 22,1988,h the North Wet Herald
Effective Date: August 27,1998
NOTICE
DOCKET NO. 96-35
The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at
9:00 a.m., on Wednesday, July 17, 1996, in the Chambers of the Board of County Commissioners
of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,
Colorado, for the purpose of considering amendments to the Weld County Comprehensive Plan,
Ordinance No. 147-I ("Comprehensive Plan").
The amendments are for the purpose of repealing and reenacting the Environmental Section of the
Comprehensive Plan, Chapter 5.
All persons in any manner interested are requested to attend said hearing and may be heard.
Should any interested party desire the presence of a court reporter to make a record of the
proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the
Board shall be advised in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax
(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made
if, in accordance with the Americans with Disabilities Act, you require special accommodations as
a result of a disability in order to participate in this hearing.
BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of
the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center,
915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: July 1, 1996
PUBLISHED: July 3, 1996, in the North Weld Herald
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn,say that I am Publisher of
THE NORTH WELD HERALD
a weekly newspaper having a general circulation in said
County and State, published in the Town of Eaton, in said
NOTICE
County and State; and that the notice, of which the annexed is
DOCKET NO.9645 • a true copy, has been published in said weekly newspaper for
The Board-of County Commissioners of
weld County, Colorado, will conduct a pub- one successive week(s), that the notice was published
lic hearin at 9:00 a.m., on Wednesday,
July 17, 1096,in the Chambers of the Board in the regular and entire issue of every number of the paper
of County Commissloners of Weld County,
Colorado, Weld County Centennial Caner, during the period and time of publication, and in the
915 10th Street, First Row, Greeley, Col-
drado, for the purpose of considering newspaper proper and not in a supplement, and that the
amendments to the Weld County Compre-
hensive Plan, Ordinance No. 147-1 publication of said notice:
("Comprehensive Plan,. Notice—Docket No.96-35(considering amend to W/C
The amendments are for the purpose of re- Comprehensive Plan(Ord #1471
pealing and reenacting the Environmental
Section of the Comprehensive Plan,Chapter
was in said newspaper bearing the date(s) of:
All persons in any manner interested are re-
quested to attend said hearing and may be Thursday,the 4th day of July, 1996
heard.
Should any interested party.'desire the pres- Thursday,the day of July, 1996
ence the prroceedings, in adder ition to theke a ctrd of
aped
record which will be kept,during the(tearing, Thursday,the day of July, 1996
the Clerk to the Board shall be advised in
writing of such action at least Ave days prior
to the hearing. The cost of engaging a court Thursday,the day of July, 1996
reporter shall be borne byte requesting
party,
Please contact the Clerk to the Board's Of- and that the said THE NORTH WELD HERALD has been
rice at phone (970) 358.4000, Extension published continuously and uninterruptedly for the period of 52 4226,or fax(970)352-0242 prior to the day
of
the
em that if enoaccordancemwith consecutive weeks, in said County and State, prior to the date
qu re special accommodatl Disabilities
as a result of of first publication of said notice, and the same is a newspaper
a disability in order to participate in this
within the meaning of an Act to regulate printing of legal
BE IT ALSO KNOWN that copies of the pro- notices and advertisem , approved May 18, 1931, and all
posed amendments may be examined in the prior acts so far as in office of the Clerk to the Board of County
Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third
ida :00Greeley,. Colorado, Monday through 4ry
Friday, a.m.to 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS RU J. BORMANN, PUBLISHER
WELD COUNTY,COLORADO
BY: DONALD D.WARDEN - '7 i 5—
WELD COUNTY CLERK Publication Cost: $ C---
TO
THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK
TO THE BOARD ,�
DATED:July 1,1996 t ( ..... k
Subscribed and sworn to before me -, 0
PUBLISHED:July 3,1996, Z�TT J f,
in the North Weld Herald this I GI tu day of July, 1996 �f`?G
Q ERV.P,4• 1:
C. �aR�O� s,.:. t rLrr•
: Q.
ERIKA C. BAGLEY, NOTARY �11BlW ✓
My commission expires October 21, 1999 'S-,-;- -``,
_ _..n Cni ,. ,T,r'
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTYiCOMMISiSIO1VERt
Moved by Ann Garrison that the following resolution be introduced for passageria y.the7Weld County
Planning Commission. Be it resolved by the Weld County Planning Commissidrt that the proposed
amendments to the Environmental Section of the Weld County Comprehensive Plan be approved.
ENVIRONMENTAL RESOURCES
The condition of the environment has been of increasing concern for the residents of the entire nation and
Weld County. Erosion, sedimentation, reduced water quality, loss of productive farmland, and reduced
fish and wildlife habitats are a few of the problems which are facing Weld citizens. Environmental quality is
inextricably tied to quality of life and enjoyment of property. In order to preserve a healthy and positive
quality of life for Weld County citizens the following four principles should be considered in all land use
issues:
1. Environmental degradation from development either should be reduced or eliminated in order to
prevent harm to life, health, and property.
2. Prime agricultural land is a limited resource of economic value and should be protected from
adverse environmental impacts.
3. The County shall encourage and promote coordination and cooperation between Federal, State
and Local governmental entities charged with making decisions which may have environmental
impacts on land uses and residents in Weld County.
4. Impacts from proposed land uses on air, water, waste, noise, and public health should be
considered.
Water Quality
Weld County is a semi-arid region with a water system including aquifers, canals and reservoirs. Over the
years there has been a large investment in facilities to collect and store water from the mountain snows
and distribute it to the plains where it can be used efficiently.
The efficient development of water resources has assisted agriculture, industry, commerce, cities, and
towns to prosper. For continued efficiency the location, type and density should accommodate the
proposed use. Adverse effects on water quality and quantity or erosion of land shall be minimized.
The Water Quality Control Commission, a citizen board appointed by the governor, subject to confirmation
by the State Senate, defines water quality regulation and policies in Colorado. The Colorado Department
of Public Health and Environment administers the Water Quality Program throughout the State. Weld
County Health Department has been designated a management agency for its jurisdiction, as part of the
water quality plan.
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
and the Zoning and Subdivision Ordinances.
961192
Water Goals and Policies
WA. Goal 1
Weld County residents are encouraged to conserve water.
WA. Policy 1
Landscaping using native low water plants and water conservation techniques is encouraged.
WA. Policy 1.1
Application for new development should include provisions for adequately handling drainage, and for
controlling surface erosion or sedimentation within the site itself.
WA. Goal 2
Weld County will strive to maintain Federal Drinking Water Standards in aquifers which provide
drinking water for domestic and public use.
WA. Policy 2
As conditions warrant, applicants proposing unsewered divisions of land or development will evaluate the
impacts on groundwater quality.
WA. Policy 2.1
Potential groundwater pollution from septic system use shall be minimized by requiring upgrades of
inadequate facilities.
WA. Goal 3
Weld County will strive to maintain water supplies adequate to sustain prime agricultural land.
WA. Policy 3
Weld County discourages the diversion of water from agricultural uses.
WA. Policy 3.1
Weld County will favor applications that return water to abandoned agricultural land for productive
agricultural use.
Air
State Air Quality Regulations and Policies are defined by the Air Quality Control Commission, a citizen
board appointed by the Governor, subject to confirmation by the State Senate. The Air Pollution Control
Division of the Colorado Department of Health administers the Air Pollution Control Program throughout
the State on a regional basis with local governments and local health agencies.
Weld County is committed to maintaining compliance with all national air quality standards for criteria and
hazardous pollutants. The pollutants currently causing the most concern in Weld County are"criteria
pollutants", carbon monoxide, and particulate matter. The Greeley urban area has been listed as a non-
attainment area for national pollutant standards.
The pollutants currently causing the most concern in Weld County are two"criteria pollutants", carbon
monoxide, and particulate matter. The Greeley urban area has been listed as a non-attainment area for
national pollutant standards. The City of Greeley has a Strategic Implementation Plan and is developing a
maintenance plan for future compliance with Clean Air Regulations. Development in and adjacent to this
area should be consistent with these plans.
In addition to emissions of criteria and hazardous pollutants Weld County is concerned with nuisance
emissions of odor and dust. Weld County will encourage development to occur in a manner that minimize
these impacts.
Air Goals and Policies
A. Goal 1
Maintain National Air Quality Standards and where practicable improve air quality in Weld County.
A. Policy 1
If applicable, land-use applications will demonstrate future impacts on current air quality.
A. Policy 1.1
Land use applications will be evaluated by the Weld County Health Department for compliance with
Federal, State, and County statues, regulations, and ordinances.
A. Policy 1.2
As a land-use regulatory authority, Weld County is responsible for decisions which have a significant
affect on air quality. By encouraging residential, commercial, and industrial development to occur within
the municipalities, urban growth boundary areas, and the 1-25 Mixed use Development area, County
policies promote proximity of jobs and services to residences.
Noise
Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods
can be a threat to public health. Statutory noise standards have been established for areas where
commercial, industrial, and residential uses are located.
Noise Goals and Policies
N. GOAL 1
Minimize the impact of noise on Weld County residents.
N. Policy 1
Land use applications will be evaluated by the Weld County Health Department for compliance with
Federal, State, and County statues, regulations, and ordinances.
N. Policy 1.1
The Weld County Health Department will prescribe noise level standards for applications when
appropriate.
Waste
If managed carefully, waste can be a positive economic benefit. Energy production and recycling are two
examples of this. However, if improperly managed waste can impinge upon the public's health and
environment while contributing to nuisance issues (rodents, odors, etc.)
The County encourages resource recovery from waste. Personal responsibility, "Buy Recycled" policies
and the appropriate use of compost are suggested as stimulus for resource recovery.
Waste is both an important part of our local environment and the economy. Weld County wishes to
ensure:
1. There are no negative impacts from waste on human health or the environment now or in the
future; and
2. The availability of quality waste options, at a reasonable price, exist for Weld County residents long
into the future.
Waste is divided into five subsections as follows:
- Transfers, Processing and Diversion
- Final Disposal
- Exploration and Production Waste
- Sludge
- Hazardous Waste
Transfer, Processing and Diversion
An important components of the waste management include the transfer, processing and diversion of
wastes. Transfer refers to the movement of waste from the generator to other components of the waste
management process. Processing refers to the conversion of generated wastes to reusable forms or to a
more safe or efficient form for final disposal. Diversion refers to the removal and reuse of wastes through
recycling or other means.
Transfer. Processing and Diversion Goals and Policies
TPD. Goal 1
The County expects its businesses, residents, and landowners to prevent negative impacts on
human health and the environment from waste processing or disposal.
TPD. Policy 1.0
Land use applications will be required to characterize the waste stream associated with the proposed land
use.
TPD Policy 1.1
The applicant shall submit a plan to manage develop waste that is consistent with Federal, State, and
County statutes, regulations, and ordinances.
TPD Goal 2
All facilities in Weld County which handle, collect or process waste will maintain an active role in
solid waste management resource recovery of such waste.
TPD. Policy 2
Weld County encourages haulers and collectors of waste to provide composting and recycling options for
customers.
Final Disposal
Final disposal is the ultimate management option for those wastes which cannot be diverted through other
options. Weld County wants to assure that all final disposal of waste is done in a manner protective of
public health and the environment.
Final Disposal Goals and Policies
F. Goal 1
All final disposal facilities in Weld County will locate, develop, and operate in a manner that
minimizes interference with other agricultural uses, rural settlement patterns, and existing
residential communities.
F. Policy 1
Weld County shall collect surcharges from final disposal facilities which cover waste monitoring tasks
performed by staff, road maintenance, litter pick-up, public education, household hazardous waste
collection, or other costs identified by the Board of County Commissioners.
F. Policy 1.1
Compatibility with existing and future land-uses(identified at time of application) must be demonstrated in
terms of: visual impact, pollution prevention, pollution control, traffic, dust, noise, land-use scale and
density, infrastructure, topographic form geology, operating plans, closure and reclamation plans, and
buffer zones. Land-use incompatibility can become an issue if determined that the final disposal facility
site will cause negative impacts by visually degrading or contaminating other surrounding land uses.
F. Policy 1.2
Appropriate infrastructure, which provides adequate access to final disposal facilities is required for
approval.
F. Policy 1.3
Applications submitted for final disposal facilities will be evaluated by Weld County Health Department for
compliance with Federal, State, and County statues, regulations and ordinances. Applicants must
demonstrate adequacy of access roads, grades, leachate and drainage control, liner(s)fencing, site
improvements, reclamation plans, general operations, service area, permitted capacity or air space, buffer
zones, and other appropriate requirements.
F. Policy 1.4
The County may require new final disposal facility applicants to demonstrate that resource recovery and
recycling programs have been adequately studied as an alternative or component.
Exploration and Production Waste
A large amount of water is extracted during the production of crude oil and natural gas. The waste water
produced from exploration and production (E&P)waste is frequently brackish or salty and must be
processed and disposed of in a satisfactory manner protecting both human and environmental health.
Weld County has observed nuisance conditions violating state odor regulations, and groundwater impacts
at E & P waste surface impoundment facilities.
Exploration and Production Goals and Policies
EP. Goal 1
Weld County encourages the minimization of E& P waste. Further,Weld County requires the safe
disposal of E& P waste.
EP. Policy 1
Due to the level of impact and increasing public concern from surface impoundments, other alternatives
for disposal shall be considered
EP. Goal 2
E& P waste facilities shall be planned, located, designed and operated to encourage compatibility
with surrounding land uses in terms of: general use,scale, height,traffic,dust, noise, and visual
pollution.
EP. Policy 2
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.
EP. Policy 2.1
All applicable land use applications will be reviewed by the Weld County Health Department for
compatibility with State, Federal and County regulations and ordinances.
Sludge Waste
Like other wastes, septage wastes can have negative impacts on human health and the environment.
Improper application of septage wastes can lead to health problems and also nuisances issues. At the
same time these wastes, properly applied, are important resources to an agricultural community as soil
enhancements and fertilizers.
Sludge Goals and Policies
S. Goal 1
In order to prevent contamination of groundwater or other water caused by the improper
application, handling, and processing of sludge and septic system waste. Sludge should be
applied, handled,and processed carefully to ensure safe use now and that water contamination is
avoided.
S. Policy 1
All applicable land use applications will be reviewed by the Weld County Health Department for
compatibility with State, Federal, and County statutes, regulations, and ordinances.
Hazardous Waste
Hazardous wastes can pose unacceptable levels of risk to human health and our environment. Improperly
managed hazardous wastes have led to public health disasters around the world. In addition, Household
Hazardous Wastes (HHW)are unregulated, but nonetheless can pose an unacceptable level of risk.
Therefore, HHW should be diverted from landfills. The County has a HHW program to provide alternative
handling methods to Weld County residents.
Hazardous Waste Goals and Policies
H. Goal 1
Weld County encourages the minimization and careful collection of hazardous waste. Further
Weld County requires the proper disposal of hazardous components, products, and waste.
H. Policy 1
All Weld County producers of hazardous waste and users of hazardous constituents will comply with
Federal, State and County statutes, regulations, and ordinances regarding used, reporting, storage, and
disposal of hazardous wastes or products.
Motion seconded by Jack Epple.
VOTE:
For Passage Against Passage
Cristie Nicklas Ron Sommer
Ann Garrison Arlan Marrs
Marie Koolstra
Jack Epple
Shirley Camenisch
Richard Kimmel
The Chairman declared the resolution passed and ordered that a certified copy, along with the attached
materials, be forwarded to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Jill Boshinski, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 18, 1996.
Dated the 18th of June, 1996
np'C.
Jill Boshinski
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 18, 1996
Page 2
Roger Vigil explained the Weld County Building Code allows for alternative uses. ICBO (International
Conference of Building Officials) approval, or approval by any other testing agency can be accepted.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Jack Epple moved the Proposed Amendments to the Weld County Building Code Ordinance Adopting the
1994 Editions of the Uniform Codes be forwarded to the Board of County Commissioners with the Planning
Commission's recommendation for Approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron
Sommer-yes; Cristie Nicklas-yes; Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes; Arlan Marrs-yes;
Shirley Camenisch-yes; Richard Kimmel-yes. Motion carried unanimously.
2. Amendments to the Environmental Section of the Weld County Comprehensive Plan.
Chris Goranson explained these are new revised amendments to the Environmental Section of the Weld
County Comprehensive Plan. Chris Goranson explained the Environmental Section has been divided into four
categories: Water, Air, Noise, and Waste. The Waste Section of the Weld County Comprehensive Plan has
been divided into an additional five sections: Transfers, Processing and Diversion, Final Disposal, Exploration
and Production Waste, Sludge, and Hazardous Waste. Chris Goranson explained that staff is in agreement
and feels the goals and policies will effectively be met and enforced.
Ann Garrison asked if the Weld County Health Department currently enforces the new issues in the Weld
Environmental Section. Jeff Stoll stated that land use permits in the "Water" section on subconservation
issues guarding against shifting of water usage from agricultural and prime land to other types of uses will be
addressed more thoroughly. Ann Garrison asked how they will effectively prevent the diversion of water.
Jeff Stoll explained effective prevention of the diversion of water is done through recommendation from the
Weld County Health Department and then ultimately becomes the decision of the Weld County Planning
Commission and the Weld County Board of County Commissioners.
Lee Morrison explained that conditions of water issues are addressed through conditions of approval that the
applicant show a permanent source of water attached by covenants or other agreements.
Arlan Marrs had concerns on Policy 3.1 addressing Weld County favoring applications returning water to
abandoned agricultural lands. Arlan Marrs stated that he thought once a piece of property has had water
removed it can not be brought back to irrigated land or that new ground cannot be placed into irrigation.
Lee Morrison explained dry up covenants do not prevent the development of new water sources as in a re-
use project, but these covenants do prevent the water usage from the past source. Lee Morrison explained
that new ground acquiring water would depend on what rights you acquire or by what ditch the water is
applied from. Lee Morrison stated he was not aware of a prohibition of applying irrigation to land that was not
currently irrigated.
Discussion followed between Planning Commission members, Lee Morrison, and Jeff Stoll over Policy 3.1.
Chris Goranson explained that discussion between the Weld County Health Department and the Department
of Planning Services' Staff felt this was a pro-active policy to encourage the land owners to turn land back
to a productive agricultural use.
Ann Garrison had concerns on Water Goal 2, and asked Jeff Stoll if the water in the South Platte meets the
federal drinking water standards. Jeff Stoll explained that all the water in the South Platte does not meet the
federal drinking water standards. Ann Garrison had concerns on hotspot areas caused by high nitrate levels
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 18, 1996
Page 3
and asked Weld County's position on this. Jeff Stoll explained the Weld County's goal would be to return
the quality to meet the standards and particularly where private wells are still in use.
Ann Garrison had concerns on the verbiage of Water Goal 2. Further discussion followed. Ann Garrison
moved that the wording be amended to read : 'Weld County will strive to maintain and attain Federal Drinking
Water Standards in aquifers which provide drinking water for domestic and public use." Cristie Nicklas
seconded the motion.
The Chairman asked if there was anyone in the audience who wished to speak for or against this amendment.
No one wished to speak.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron
Sommer-no; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-no; Jack Epple-no;Arlan Marrs-no; Shirley
Camenisch-no; Richard Kimmel-no; The motion was denied with a vote of 6 to 2.
Ann Garrison moved the Proposed Amendments to the Environmental Section of the Weld County
Comprehensive Plan be forwarded to the Board of County Commissioners with the Planning Commission's
recommendation for Approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Ron Sommer-no; Cristie Nicklas-yes;Ann Garrison-yes; Marie Koolstra-yes; Jack Epple-yes;Man Marrs-no;
Shirley Camenisch-yes; Richard Kimmel-yes; Motion carried with a vote of 6 to 2.
Meeting adjourned at 2:40p.m.
Respectfully submitted
Boovu‘inok,L,
JiVVll Boshinski
Secretary
The Weld County Planning Commission will hold a public hearing on Tuesday, June 18, 1996, at
1:30 p.m., Weld County Commissioners Hearing Room (#101), First floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado, for the purpose of replacing the Environmental Section
of the Weld County Comprehensive Plan as follows:
ENVIRONMENTAL RESOURCES 4. Impacts from proposed land uses on
air, water, waste, noise, and public
The condition of the environment has been health should be considered.
of increasing concern for the residents of
the entire nation and Weld County. Water Quality
Erosion, sedimentation, reduced water
quality, loss of productive farmland, and Weld County is a semi-arid region with a
reduced fish and wildlife habitats are a few water system including aquifers, canals and
of the problems which are facing Weld reservoirs. Over the years there has been
citizens. Environmental quality is a large investment in facilities to collect and
inextricably tied to quality of life and store water from the mountain snows and
enjoyment of property. In order to preserve distribute it to the plains where it can be
a healthy and positive quality of life for Weld used efficiently.
County citizens the following four principles
should be considered in all land use issues: The efficient development of water
resources has assisted agriculture, industry,
1. Environmental degradation from commerce, cities, and towns to prosper.
development either should be For continued efficiency the location, type
reduced or eliminated in order to and density should accommodate the
prevent harm to life, health, and proposed use. Adverse effects on water
property. quality and quantity or erosion of land shall
be minimized.
2. Prime agricultural land is a limited
resource of economic value and The Water Quality Control Commission, a
should be protected from adverse citizen board appointed by the governor,
environmental impacts. subject to confirmation by the State Senate,
defines water quality regulation and policies
3. The County shall encourage and in Colorado. The Colorado Department of
promote coordination and cooperation Public Health and Environment administers
between Federal, State and Local the Water Quality Program throughout the
governmental entities charged with State. Weld County Health Department has
making decisions which may have been designated a management agency for
environmental impacts on land uses its jurisdiction, as part of the water quality
and residents in Weld County. plan.
Page 1
As a management agency, Weld County Weld County will strive to maintain water
has a responsibility to exercise land-use supplies adequate to sustain prime
authority based on water quality agricultural land.
considerations. This responsibility is partly
fulfilled by evaluating water quality WA. Policy 3
considerations associated with land-use Weld County discourages the diversion of
proposals in accordance with the standards water from agricultural uses.
set forth in this Comprehensive Plan and
the Zoning and Subdivision Ordinances. WA. Policy 3.1
Weld County will favor applications that
return water to abandoned agricultural land
Water Goals and Policies for productive agricultural use.
WA. Goal 1
Weld County residents are encouraged
to conserve water. Air
WA. Policy 1 State Air Quality Regulations and Policies
Landscaping using native low water plants are defined by the Air Quality Control
and water conservation techniques is Commission, a citizen board appointed by
encouraged. the Governor, subject to confirmation by the
State Senate. The Air Pollution Control
WA. Policy 1.1 Division of the Colorado Department of
Application for new development should Health administers the Air Pollution Control
include provisions for adequately handling Program throughout the State on a regional
drainage, and for controlling surface erosion basis with local governments and local
or sedimentation within the site itself. health agencies.
WA. Goal 2 Weld County is committed to maintaining
Weld County will strive to maintain compliance with all national air quality
Federal Drinking Water Standards in standards for criteria and hazardous
aquifers which provide drinking water pollutants. The pollutants currently causing
for domestic and public use. the most concern in Weld County are
"criteria pollutants", carbon monoxide, and
WA. Policy 2 particulate matter. The Greeley urban area
As conditions warrant, applicants proposing has been listed as a non-attainment area
unsewered divisions of land or development for national pollutant standards.
will evaluate the impacts on groundwater
quality. The pollutants currently causing the most
concern in Weld County are two "criteria
WA. Policy 2.1 pollutants", carbon monoxide, and
Potential groundwater pollution from septic particulate matter. The Greeley urban area
system use shall be minimized by requiring has been listed as a non-attainment area
upgrades of inadequate facilities. for national pollutant standards. The City of
Greeley has a Strategic Implementation
WA. Goal 3 Plan and is developing a maintenance plan
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for future compliance with Clean Air threat to public health. Statutory noise
Regulations. Development in and adjacent standards have been established for areas
to this area should be consistent with these where commercial, industrial, and
plans. residential uses are located.
In addition to emissions of criteria and Noise Goals and Policies
hazardous pollutants Weld County is
concerned with nuisance emissions of odor N. GOAL 1
and dust. Weld County will encourage Minimize the impact of noise on Weld
development to occur in a manner that County residents.
minimize these impacts.
N. Policy 1
Air Goals and Policies Land use applications will be evaluated by
the Weld County Health Department for
A. Goal 1 compliance with Federal, State, and County
Maintain National Air Quality Standards statues, regulations, and ordinances.
and where practicable improve air
quality in Weld County. N. Policy 1.1
The Weld County Health Department will
A. Policy 1 prescribe noise level standards for
If applicable, land-use applications will applications when appropriate.
demonstrate future impacts on current air
quality. Waste
A. Policy 1.1 If managed carefully, waste can be a
Land use applications will be evaluated by positive economic benefit. Energy
the Weld County Health Department for production and recycling are two examples
compliance with Federal, State, and County of this. However, if improperly managed
statues, regulations, and ordinances. waste can impinge upon the public's health
and environment while contributing to
A. Policy 1.2 nuisance issues (rodents, odors, etc.)
As a land-use regulatory authority, Weld
County is responsible for decisions which The County encourages resource recovery
have a significant affect on air quality. By from waste. Personal responsibility, "Buy
encouraging residential, commercial, and Recycled" policies and the appropriate use
industrial development to occur within the of compost are suggested as stimulus for
municipalities, urban growth boundary resource recovery.
areas, and the 1-25 Mixed use Development
area, County policies promote proximity of Waste is both an important part of our local
jobs and services to residences. environment and the economy. Weld
County wishes to ensure:
Noise
1. There are no negative impacts from
Noise is a source of environmental waste on human health or the
pollution. Exposure to excessive noise environment now or in the future; and
levels over prolonged periods can be a
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2. The availability of quality waste develop waste that is consistent with
options, at a reasonable price, exist Federal, State, and County statutes,
for Weld County residents long into regulations, and ordinances.
the future.
TPD Goal 2
Waste is divided into five subsections as All facilities in Weld County which
follows: handle, collect or process waste will
maintain an active role in solid waste
- Transfers, Processing and Diversion management resource recovery of such
- Final Disposal waste.
- Exploration and Production Waste
- Sludge TPD. Policy 2
- Hazardous Waste Weld County encourages haulers and
collectors of waste to provide composting
Transfer, Processing and Diversion and recycling options for customers.
An important components of the waste Final Disposal
management include the transfer,
processing and diversion of wastes. Final disposal is the ultimate management
Transfer refers to the movement of waste option for those wastes which cannot be
from the generator to other components of diverted through other options. Weld
the waste management process. County wants to assure that all final
Processing refers to the conversion of disposal of waste is done in a manner
generated wastes to reusable forms or to a protective of public health and the
more safe or efficient form for final disposal. environment.
Diversion refers to the removal and reuse
of wastes through recycling or other means. Final Disposal Goals and Policies
F. Goal 1
Transfer. Processing and Diversion All final disposal facilities in Weld
Goals and Policies County will locate, develop, and operate
in a manner that minimizes interference
TPD. Goal 1 with other agricultural uses, rural
The County expects its businesses, settlement patterns, and existing
residents, and landowners to prevent residential communities.
negative impacts on human health and
the environment from waste processing F. Policy 1
or disposal. Weld County shall collect surcharges from
final disposal facilities which cover waste
TPD. Policy 1.0 monitoring tasks performed by staff, road
Land use applications will be required to maintenance, litter pick-up, public
characterize the waste stream associated education, household hazardous waste
with the proposed land use. collection, or other costs identified by the
Board of County Commissioners.
TPD Policy 1.1
The applicant shall submit a plan to manage F. Policy 1.1
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Compatibility with existing and future land- protecting both human and environmental
uses (identified at time of application) must health.
be demonstrated in terms of: visual impact,
pollution prevention, pollution control, traffic, Weld County has observed nuisance
dust, noise, land-use scale and density, conditions violating state odor regulations,
infrastructure, topographic form geology, and groundwater impacts at E & P waste
operating plans, closure and reclamation surface impoundment facilities.
plans, and buffer zones. Land-use
incompatibility can become an issue if Exploration and Production Goals and
determined that the final disposal facility site Policies
will cause negative impacts by visually
degrading or contaminating other EP. Goal 1
surrounding land uses. Weld County encourages the
minimization of E & P waste. Further,
F. Policy 1.2 Weld County requires the safe disposal
Appropriate infrastructure, which provides of E & P waste.
adequate access to final disposal facilities is
required for approval. EP. Policy 1
Due to the level of impact and increasing
F. Policy 1.3 public concern from surface impoundments,
Applications submitted for final disposal other alternatives for disposal shall be
facilities will be evaluated by Weld County considered
Health Department for compliance with
Federal, State, and County statues, EP. Goal 2
regulations and ordinances. Applicants E & P waste facilities shall be planned,
must demonstrate adequacy of access located, designed and operated to
roads, grades, leachate and drainage encourage compatibility with
control, liner(s) fencing, site improvements, surrounding land uses in terms of:
reclamation plans, general operations, general use, scale, height, traffic, dust,
service area, permitted capacity or air noise, and visual pollution.
space, buffer zones, and other appropriate
requirements. EP. Policy 2
In reviewing the operational and
F. Policy 1.4 reclamation plans for solid and brine waste
The County may require new final disposal disposal facilities, the County shall
facility applicants to demonstrate that impose such conditions as necessary to
resource recovery and recycling programs minimize or eliminate the potential adverse
have been adequately studied as an impact of the operation on surrounding
alternative or component. properties.
Exploration and Production Waste EP. Policy 2.1
All applicable land use applications will be
A large amount of water is extracted during reviewed by the Weld County Health
the production of crude oil and natural gas. Department for compatibility with State,
The waste water produced from exploration Federal and County regulations and
and production (E&P) waste is frequently ordinances.
brackish or salty and must be processed
and disposed of in a satisfactory manner Sludge Waste
Page 5
Weld County encourages the
Like other wastes, septage wastes can minimization and careful collection of
have negative impacts on human health hazardous waste. Further Weld County
and the environment. Improper application requires the proper disposal of
of septage wastes can lead to health hazardous components, products, and
problems and also nuisances issues. At the waste.
same time these wastes, properly applied,
are important resources to an agricultural H. Policy 1
community as soil enhancements and All Weld County producers of hazardous
fertilizers. waste and users of hazardous constituents
will comply with Federal, State and County
Sludge Goals and Policies statutes, regulations, and ordinances
regarding used, reporting, storage, and
S. Goal 1 disposal of hazardous wastes or products.
In order to prevent contamination of
groundwater or other water caused by H. Policy 1.1
the improper application, handling, and Because of the possibility of permanent
processing of sludge and septic system damage to life, health, and the environment
waste. Sludge should be applied, and because the County continues to
handled, and processed carefully to demonstrate an increasing population base,
ensure safe use now and that water permanent and final hazardous waste
contamination is avoided. disposal facilities shall not be located in
Weld County.
S. Policy 1
All applicable land use applications will be
reviewed by the Weld County Health
Department for compatibility with State,
Federal, and County statutes, regulations,
and ordinances.
Hazardous Waste
Hazardous wastes can pose unacceptable
levels of risk to human health and our
environment. Improperly managed
hazardous wastes have led to public health
disasters around the world. In addition,
Household Hazardous Wastes (HHW) are
unregulated, but nonetheless can pose an
unacceptable level of risk. Therefore, HHW
should be diverted from landfills. The
County has a HHW program to provide
alternative handling methods to Weld
County residents.
Hazardous Waste Goals and Policies
H. Goal 1
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Comments or objections related to the above request should be submitted in writing to the Weld
County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631,
before the above date or presented at the public hearing June 18, 1996.
Copies of the ordinance amendments are available for public inspection in the Department of
Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Jill Boshinski,
at Phone # (970) 353-6100, Ext. 3540, or Fax# (970) 352-6312, prior to the hearing so that
reasonable accommodations can be made if, in accordance with the Americans with Disabilities
Act, you require special accommodations in order to participate in this hearing as a result of a
disability.
Richard Kimmel, Chairperson
Weld County Planning Commission
Published in the North Weld Herald
June 6, 1996
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