HomeMy WebLinkAbout811013.tiff WELD COUNTY SUBDIVISION REGULATION AMENDMENTS
E CTIVE DECEMBER 30, 1981
3-2 Summary of Rules and Regulations for Exemptions
A. Application for Exemption from Definition of Subdivision
The owner or agent of the owner of a tract or parcel of land which is
proposed to be divided into two (2) building sites, tracts, or lots
may apply to the Board for a recorded exemption or a subdivision
exemption, as provided in SECTION 9 unless previously exempted in
Section 2-lA above.
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SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition'of "Subdivision or'Subdivided Land"
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 '73 as amended. Pursuant to sub-section (10)(d) of 30-
28-101 of CRS '73, 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 Sub-
division 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".
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 divi-
sions 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 such lot.
(2) An applicant's total contiguous land ownership shall be the
subject of the Recorded Exemption request except as follows.
In the "A" -- Agricultural District where a contiguous
ownership equals at least twice the minimum lot size (Sec-
tion 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 con-
formance 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).
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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.
(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.
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(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 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.
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 by the Board, 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.
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(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.
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(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:
(Below the legal description)
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
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. #
The accompanying plat is accepted and approved for
filing.
Chairman of the Board of County Commissioners
Attest: County Clerk and Recorder
By
Dated
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D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be respon-
sible for processing all applications for Recorded Exemptions.
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 date not more than thirty (30) days after
the complete application has been submitted.
(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 Board. The reviews and comments
solicited by Weld County are intended to provide the County with
information about the proposed Recorded Exemption. The Board
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 Board.
(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.
(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 Depart-
" ment of Planning Services, or the Board of County Commis-
sioners deem necessary.
(4) Prepare staff comments for use by the Board addressing all as-
pects of the application, its conformance with the Weld County
Comprehensive Plan, adopted master plans of affected municipali-
ties, sound land use planning practices, comments received from
agencies to which the proposal was referred, and standards con-
tained in this Section 9.
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(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) 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 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 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'
(a) That the proposal is consistent with the intent of the
district in which the use is located. I '
(b) That the uses which would be permitted will be compatible f
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.
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(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 or are
not part of a 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.
(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. in Section 9 when it finds the plat in conformance with an
approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The 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 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.
9-3 SUBDIVISION EXEMPTION
A. Intent
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.
B. General
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(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.
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 resposibility of ensuring that all
application submittal requirements are met prior to initiating
any official action as listed below.
(2) Set a Board hearing date not more than thirty (30) days after
the complete application has been submitted.
(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) Prepare staff comments 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) 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.
(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. _
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(3) The 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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SECTION 15•
' Fees for all subdivision applications provided for in the Subdivision
Regulations shall be established by resolution of the Board of County
Commissioner's in conjunction with a hearing process that will consist of
a ten (10) day public notice prior to the Board of County Commissioners'
hearing. Notice of said hearing is to be published once in the newspaper
designated by the Board of County Commissioners for publication of
' notices.
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