HomeMy WebLinkAbout831368.tiff Proposed text to implement administrative review process for Recorded
Exemptions by the Department of Planning Services.
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition of "Subdivision or Subdivided Land"
A. The Board hereby determines that land divisions which meet the
requirements for exemption in this Section 9 are not within the
purposes of Article 28 of Title 30 of CRS as amended. Pursuant to
sub-section (10)(d) of 30- 28-101 of CRS as amended, such land
divisions are exempt from the definition of "subdivision" or
"subdivided land" and from following the complete regulations,
requirements and procedures set forth in these Subdivision Regulations.
Such land divisions must follow the procedures in this Section 9.
Exemptions approved pursuant to this Section 9 shall be referred to as
"Recorded Exemptions" and "Subdivision Exemptions".
B. The Board of County Commissioners delegates the authority and responsi-
bility of considering and approving Recorded Exemptions with an
administrative review process to the Department of Planning Services.
The Department of Planning Services shall approve the request for
Recorded Exemptions unless it finds that the applicant has not met one
or more of the Standards of Section 9-2 E. (1) (a) through (m). If the
Department of Planning Services determines that the applicant has not
met the Standards of Section 9-2 E.(1)(a) through (m), the request will
be scheduled before the Board of County Commissioners in a public
hearing. The Board will consider the application and take final action
on the Recorded Exemption request.
9-2 Recorded Exemptions
A. Intent
The intent in establishing the Recorded Exemption Procedure is to
provide, in accordance with the Weld County Comprehensive Plan and
intent of the zone district in which the request is made, a means
whereby a lot may be divided into two (2) separate lots. Such
divisions should only be permitted when they are compatible with
the surrounding area and uses; will not be inconsistent with
efficient and orderly development; and are consistent with the
Weld County Comprehensive Plan.
B. General
(1) Any lot having been created by a Recorded Exemption shall not
be redivided by a new Recorded Exemption for a period less
than five (5) years commencing from the date of approval of
the Recorded Exemption which created or amended such lot.
(2) An applicant's total contiguous land ownership shall be the
subject of the Recorded Exemption request except as follows:
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In the "A" -- Agricultural District where a contiguous
ownership equals at least twice the minimum lot size (Section
31.5 of the Weld County Zoning Ordinance) an applicant may
use a portion of his (her) ownership which is equal to the
minimum lot size for the request.
(3) Public road rights-of-way shall be dedicated or reserved in
conformance with the Weld County Thoroughfare Plan or in
conformance with the master plans of affected municipalities.
(4) No Recorded Exemption shall be considered complete until the
plat, required pursuant to Section 9-2 C. (4), has been
submitted to the Weld County Clerk and Recorder in accordance
with Section 9-2 D. (6).
(5) No lot which is part of an approved or recorded subdivision
or any map or plan filed in the records of the Weld County
Clerk and Recorder prior to adoption of any regulations
controlling subdivisions or part of any Minor Subdivision,
shall be redivided or changed in any manner by the Recorded
Exemption procedure. Such platted lots may only be
,resubdivided or changed by utilizing Section 6-4 or 12-3 (as
applicable) of these Regulations.
C. Submission Requirements
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Recorded Exemption, if different from
above.
(c) Legal description of the property under consideration.
(d) Total acreage of the original parcel under
consideration.
(e) Approximate acreage of the two (2) proposed parcels.
(f) Signatures of the applicant and fee owner(s) or their
authorized legal agent.
(g) Proposed water and sewage disposal methods (attach
letters or permits when applicable).
(h) A certificate of all land transfers concerning the
entire tract on the form prescribed and provided by the
Department of Planning Services.
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(2) The following written and supporting information shall be
submitted:
(a) A statement which describes the purpose and nature of
the request.
(b) A statement which explains that the proposal is
consistent with the Weld County Comprehensive Plan.
(c) A statement which explains that the proposal is
consistent with the intent of the district in which the
use is located.
(d) A statement which explains that the uses which would be
permitted will be compatible with the existing
surrounding land uses.
(e) A statement which explains that the uses which would be
permitted will be compatible with the future development
of the surrounding area as permitted by the existing
zone and with future development as projected by the
comprehensive plan of the County or the adopted master
plans of affected municipalities.
(f) A statement which explains how the proposal will not be
inconsistent with efficient and orderly development.
(g) A statement which explains that the application complies
with the Weld County Zoning Ordinance, Section 50,
Overlay District Regulations if the proposal is located
within any Overlay District Area identified by maps
officially adopted by Weld County.
(h) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest in
said property. The deed, purchase contract, or legal
instrument should include a complete and accurate legal
description of the property.
(i) Such additional information as may be required by the
Department of Planning Services or the Board of County
Commissioners in order to determine that the application
meets the standards and policies set forth in this
Section 9 and the Weld County Comprehensive Plan.
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (8 1/2) inches
by eleven (11) inches or eight and one-half (8 1/2) inches by
fourteen (14) inches.
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A sketch plan of the property at a suitable scale to show the
proposed division of the property; accesses to the property
indicating whether the access is existing or proposed;
location and measurements of any easements or rights-of-way;
amount of road frontages; identification of any county, state
or federal roads or highways; and any existing structures on
the property. Please identify the type of structures (i.e.,
mobile home, labor house, barn, single family dwelling,
etc.).
(4) If any such Recorded Exemption is approved, a plat as
described below shall be submitted to the Department of
Planning Services to be recorded in the office of the Weld
County Clerk and Recorder. The location and size of the lots
shall comply with those lots described or shown pursuant to
9-2 C. et. seq. above.
(a) The plat shall be prepared by a registered land surveyor
in the State of Colorado.
(b) The plat shall be prepared on 1 or more consecutively
numbered sheets measuring 8 1/2" X 14". It shall be
drawn on waterproof linen or mylar in ink.
(c) The plat shall be titled, "Recorded Exemption No.
" (The appropriate number to be filled in by the
Planning Department.)
(d) The plat and legal description shall include all
contiguous land owned by the applicant (or as provided
under 9-2 B (2) of this Section).
(e) The plat shall include a complete and accurate legal
description of the parcel of land and its acreage.
(f) The plat shall include a vicinity sketch locating the
tract with respect to roads and other major land
features.
(g) The plat shall include an accurate drawing of the tract
and the proposed division into 2 lots. This drawing
shall include bearings, lengths and curve data of all
perimeter and lot lines. The lots shall be designated
as "Lot A" and "Lot B" and the acreage of each given.
Existing public rights-of-way which provide access to
the tract shall be shown. The scale of the drawing
shall be adequate to clearly show the above required
items. A scale and north arrow shall be included.
(h) The plat shall bear the following certifications:
1. Property owner's certificate example.
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I (we) being the sole
owner(s) in fee of the above described property do
hereby divide the same as shown on the attached
map.
(Signature)
The foregoing certification was acknowledged before
me this day of , A.D., 19
My commission expires:
Notary Public Witness my Hand&
Seal
2. Registered Land Surveyor's Certificate example.
I hereby certify that this plat was prepared under
my supervision; and that the same is correct to the
best of my knowledge and belief.
Registered Land Surveyor, Colo. Reg. II
3. Board of County Commissioner's Certificate
example. This certificate is used only when the
Recorded Exemption is approved by the Board in a
public hearing.
This plat is accepted and approved for filing.
Chairman of the Board of County Commissioners
Attest:
County Clerk and Recorder
By
Dated
4. Department of Planning Services' administrative
review certificate example. This certificate is
used when the Recorded Exemption is approved by the
Department of Planning Services.
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This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certification was acknowledged before
me this day of , A.D., 19 .
My Commission expires:
Notary Public Witness my hand & seal
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
responsible for processing and approving all applications for
Recorded Exemptions as delegated by the Board of County
Commissioners. The Department shall also have the
responsibility of ensuring that all application submittal
requirements are met prior to initiating any official action
as listed below.
(2) Set a Board hearing only if the Department of Planning
Services has determined that the applicant has not met the
standards of Section 9-2 E.(1)(a) through (m).
(3) Refer the application to the following agencies, when
applicable, for their review and comment. The agencies named
shall respond within fourteen (14) days after the mailing of
the application by the Department of Planning Services. The
failure of any agency to respond within fourteen (14) days
may be deemed to be a favorable response to the County. The
reviews and comments solicited by Weld County are intended to
provide the County with information about the proposed
Recorded Exemption. The County may consider all such reviews
and comments and may solicit additional information if such
information is deemed necessary. The reviews and comments
submitted by a referral agency are recommendations to the
County. The authority and responsibility for making the
decision to approve or deny the request for a Recorded
Exemption Permit rests with the County.
(a) The Planning Commission or Governing Body of any town
and county whose boundaries are within a three (3) mile
radius of the parcel under consideration for a Recorded
Exemption, or that has included the parcel in its master
planning area.
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(b) Weld County Department of Health Services.
(c) Weld County Department of Engineering Services.
(d) Colorado State Department of Highways.
(e) Colorado State Engineer, Division of Water Resources.
(f) Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration.
(g) Any other agencies or individuals whose review the
Department of Planning Services, or the Board of County
Commissioners deem necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-2 E. (1)
(a) through (m), a hearing shall be scheduled before the
Board of County Commissioners. The staff shall prepare a
recommendation for use by the Board addressing all aspects of
the application, its conformance with the Weld County
Comprehensive Plan, adopted master plans of affected
municipalities, sound land-use planning practices, comments
received from agencies to which the proposal was referred,
and standards contained in this Section 9.
(5) Submit to the Board for review any plat required under 9-2 C.
(4) of this Section 9 which does not comply with the approved
Recorded Exemption.
(6) Submit to the Weld County Clerk and Recorder for recording
plats of approved actions required in 9-2 C. (4) above.
E. Duties of the Board of County Commissioners
(1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-2 E. (1) (a)
through (m), the Board of County Commissioners shall hold a
public hearing to consider the application and to take final
action thereon. In making a decision on the proposed
Recorded Exemption, the Board shall consider the
recommendation of the Departmnet of Planning Services, and
from the facts presented at the public hearing and the
information contained in the official record, which includes
the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the
Recorded Exemption unless it finds that the applicant has not
met one or more of the standards of this Section 9. The
applicant has the burden of proof to show that the standards
and conditions of Section 9 are met. The applicant shall
demonstrate:
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(a) That the proposal is consistent with the intent of the
district in which the use is located.
(b) That the uses which would be permitted will be
compatible with the existing surrounding land uses.
(c) That the uses which would be permitted will be
compatible with the future development of the
surrounding area as permitted by the existing zone and
with future development as projected by the
comprehensive plan of the County or the adopted master
plans of affected municipalities.
(d) That the application complies or will comply with the
Weld County Zoning Ordinance, Section 50, Overlay
District Regulations if the proposal is located within
any Overlay District Area identified by maps officially
adopted by Weld County.
(e) That the minimum size of any building site, tract or lot
created by such land division shall not be less than one
(1) acre, except where smaller lot sizes are allowed in
a specific zoning district or except where specifically
exempted by the Board.
(f) That the proposed land division is in compliance with
the Weld County Comprehensive Plan.
(g) That the proposed division will not be inconsistent with
efficient and orderly development.
(h) That the lots resulting from the proposed land division
shall be accessible from an existing public road.
(i) That the proposed lots will have access to an adequate
water supply.
(j) That the proposed lots will have access to a means for
the disposal of sewage in compliance with requirements
of the Weld County Health Department.
(k) That the proposed lots are not part of a recorded
exemption approved within less than five (5) years
previous, are not part of a subdivision, or are not part
of a Minor Subdivision.
(1) That the use of the Recorded Exemption (described in
this Section 9) does not evade the requirements and
Statement of Purposes (Section 1-3) of the Weld County
Subdivision Regulations.
(m) That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the
neighborhood and the County.
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(2) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A '
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board. The Board shall
also authorize the Chairman to sign the plat required by
Section 9-2 C. (4) et. seq. when it finds the plat in
conformance with an approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The Department of
Planning Services or Board of County Commissionrs may,
without a hearing or compliance with any of the submission,
referral, or review requirements of these regulations,
approve a correction to a Recorded Exemption if the sole
purpose of such correction is to correct one or more
technical errors in the legal description and where such
correction is consistent with the approved plat.
F. Amendments
Any change to a previously approved Recorded Exemption which is
not a "Correction" as defined in 9-2 E. (3) above shall follow the
procedures of this Section 9-2.
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Proposed text to implement administrative review process for Subdivision
Exemptions by the Department of Planning Services.
9-3 SUBDIVISION EXEMPTION
A. Intent
(1) The Subdivision Exemption is intended for the division of a
parcel or interest in a parcel which does not result in the
creation of a new residential or permanent building site, for
adjustment of property lines between two contiguous parcels,
and for the temporary use of a parcel for public utility
facilities.
(2) The Board of County Commissioners delegates the authority and
responsibility of considering and approving Subdivision
Exemptions with an administrative review process to the
Department of Planning Services. The Department of Planning
Services shall approve the request for Subdivision Exemption
unless it finds that the applicant has not met one or more of
the standards of Section 9-3 E. (1) (a) through (c). If the
Department of Planning Services determines that the applicant
has not met the standards of Section 9-3 E. (1) (a) through
(c), the request will be scheduled before the Board of County
Commissioners in a public hearing. The Board will consider
the application and take final action on the Subdivision
Exemption request.
B. General
(1) A Subdivision Exemption shall only be applicable when at
least one parcel involved in any boundary exchange or in a
temporary use location is less than 35 acres.
(2) When used in conjunction with a Recorded Exemption whose
request is to remove existing residential improvements from a
parcel, the Subdivision Exemption may be utilized to request
separation of additional existing residential improvements
from either of the two proposed Recorded Exemption parcels.
(3) No lot which is part of an approved subdivision plat or any
map or plan filed in the records of the Weld County Clerk and
Recorder prior to adoption of any regulations controlling
subdivisions, or part of any Minor Subdivision, shall be
redivided or changed in any manner by the Subdivision
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing Section 6-4 or 12-3 (as
applicable) of these Regulations.
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C. Submission Requirements
(1) The applicant shall submit the following on the form provided
by the Department of Planning Services:
(a) Name, address and telephone number of the fee owner(s)
of the property involved.
(b) General legal description of the total property
involved.
(c) Total acreage of the total property involved.
(d) Existing land use of the total property involved.
(e) Existing land use of the adjacent properties.
(f) Signatures of the fee owner(s) or their authorized
agent.
(2) The applicant shall submit the following written and
supporting information:
(a) A detailed description of the request and its purpose
and benefits.
(b) Where an authorized legal agent signs the application
for the fee owner(s), a letter granting power of
attorney to the agent from the property owner(s) must be
provided.
(c) Copy of a deed or other appropriate legal instrument by
which the applicant(s) obtained interest in the property
under consideration.
(d) Complete and accurate legal descriptions of the
parcel(s) being created or exchanged, and new parcels
which will result upon approval of the request.
(3) The applicant shall submit the following map information.
The size of map shall be either eight and one-half (8 1/2)
inches by eleven (11) inches or eight and one-half (8 1/2)
inches by fourteen (14) inches.
(a) Plot plan of the property or properties involved
indicating graphically what the situation is.
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D. Duties of the Department of Planning Services
(1) The Department shall have the responsibility for processing
and approving all applications for Subdivision Exemptions as
delegated by the Board of County Commissioners. The
Department shall also have the responsibility of ensuring
that all application submittal requirements are met prior to
initiating any official action as listed below.
(2) Set a Board hearing only if the Department of Planning
Services determines that the applicant has not met the
standards of Section 9-3 E. (1) (a) through (c).
(3) Refer the application to any agencies or individuals whose
review the Department of Planning Services or the Board of
County Commissioners deems necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-3 E. (1)
(a) through (c), a hearing shall be scheduled before the
Board of County Commissioners. The staff shall prepare a
recommendation for use by the Board addressing all aspects of
the application, its conformance with the Weld County
Comprehensive Plan, master plans of affected municipalities,
sound land use planning practices, comments received from
agencies to which the proposal was referred, and standards
contained in this Section 9-3.
E. Duties of the Board of County Commissioners
(1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-3 E. (1) (a)
through (c), the Board of County Commissioners shall hold a
public hearing to consider the application and to take final
action thereon. In making a decision on the proposal, the
Board shall consider the recommendation of the Department of
Planning Services, and from the facts presented at the public
hearing and the information contained in the official record,
which includes the Department of Planning Services case file,
the Board of County Commissioners shall approve the request
unless it finds that the applicant has not met one or more of
the standards or conditions of this Section 9-3 E. The
applicant has the burden of proof to show that the standards
and conditions of this Section 9-3 E. are met. The applicant
shall demonstrate:
(a) That the proposal is consistent with the policies of the
Weld County Comprehensive Plan.
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(b) That the boundary change or temporary use location which
would be allowed on the subject property by granting the
request will be compatible with the surrounding land
uses.
(c) In those instances when used pursuant to Section 9-3 B.
(2) above, the request is the best alternative to
dispose of existing improvements in conjunction with the
companion Recorded Exemption.
(2) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board and the Board
shall arrange for the Office of the Weld County Clerk and
Recorder to record the resolution.
(3) Correction to a Subdivision Exemption. The Department of
Planning Services or Board of County Commissioners may,
without a hearing or compliance with any of the submission,
referral, or review requirements of these regulations,
approve a correction to a Subdivision Exemption if the sole
purpose of such correction is to correct one or more
technical errors in the legal
description and where such correction is consistent with the
approved exemption.
F. Amendments
Any change to a previously approved Subdivision Exemption which is
not a"correction" as defined in 9-3 E. (3) above shall follow the
procedures of this Section 9-3.
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