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HomeMy WebLinkAbout820033.tiff ARIA446a7 RESOLUTION RE: ADOPTION OF AMENDMENTS TO THE WELD COUNTY SUBDIVISION REGULATIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the .73 affairs of Weld County, Colorado, and ocz WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of June, 1982 , at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board for the purpose of considering the adoption of amendments to the Weld County Subdivision Regulations, and WHEREAS, the proposed amendments to the Subdivision Regul- ations as approved by the Planning Commission on April 16, 1982 , were studied by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners desires to delete Sectiors6-4 A, B, C. , 9-2 B. (5) and 9-3 B. (3) from the proposed amendments to the Subdivision Regulations, and WHEREAS, the Board of County Commissioners deems it advis- e "' able to approve the proposed amendments to the Subdivision Regulations as described in the attached Exhibit "A" , incor- porated herein and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the amendments to the Weld County Subdivision Regulations, as stated herein, be and hereby are, adopted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of June, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS 14 WELD COUNTY, COLORADO R r ATTET/: L/Al =^r J n T. Martin, Chairman Weld County Clerk and Recorder *•- • and Clerk to the Board �� Ch ck�iS, Pro Tem BY` ��mt "-at_ ` o4_ C Deputy County Clerk Norman Carlson APPRO ED AS TO FORM: C V QGG�c . Kirby County Attorney ' /1{2/7( a Kmark !� '! RECORDER'S MEMORANEIUM / 820033 AT THE TIME OF RECORDATION, THIS IN- STR FORUTHE BESTENT APHOTOGRAPHIIC S FOUND TO BREPRODUE CCTON DATE PRESENTED: JUNE 14 , 1982 BECAUSE OF ILLEGIBILITY. CARBON OR PHOTO COPY, DISCOLORED PAPER. ETC. EXHIBIT "A" SECTION 2 DEFINITIONS Delete Section 2-1 Subdivision or Subdivided Land and replace with a new Section 2-1: 2-1 Subdivision or Subdivided Land A. Any parcel of land which is to be used for condominiums , apartments , or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing - which complied with the provisions of these regulations with substantially the same density, or which is divided into two or more parcels , separate interests, or interests in common, _ unless exempted under paragraph (1) , (2) , or (3) of this subsection 2-1. As used in these regulations , "interests" includes any and all interests in the surface of land but excludes any and all subsurface interests. (1) The terms "subdivision" and "subdivided land" , as defined in paragraph (A) of this subsection 2-1, shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners. Nn (2) Unless the method of disposition is adopted for the purpose of evading these regulations , the terms "subdivision" and "subdivided land" , as defined in paragraph (A) of this subsection 2-1 shall not apply to any division of land: (a) Which creates parcels of land, such that the land area of each of the parcels, when divided by number of interest in any such parcel , results in thirty-five or more acres per interest; (b) Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest; (c) Which is created by a lien, mortgage, deed of trust, or any other security instrument; (d) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity; (e) Which creates cemetery lots; (f) Which creates an interest in oil, gas, minerals, or water which is severed from the surface ownership of real property; 4 (g) Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common , and any such interest shall be deemed for purposes of this subsection 2-1 as only one interest; or (h) Which is created by the combination of contiguous parcels of land into one larger parcel. If the resulting parcel is less than thirty-five acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty-five acres in land area, such land area, divided by the number of interests in the resulting parcel , must result in thirty-five or more acres per interest. Easements and rights-of-ways shall not be considered interests for purposes of this sub- o paragraph (h) . LI (3) The Board of County Commissioners may, exempt from this definition of the terms "subdivision" and "subdivided land" any division of land if the Board of County Commissioners determines that such division is not within the purposes of these regulations. Section 2-2 shall be amended as follows: 2-2 Resubdivision Any change in a map of an approved or recorded subdivision plat or any change in a map or plan filed prior to adoption of any regulations controlling subdivisions , if such change affects any lot line, any street layout on such map, or any area reserved for public use such as utility or drainage easements. Add new Section 2-31 Registered Mail to read: Section 2-31 Registered Mail. Mail recorded in the post office of mailing and guaranteed special care in delivery. Registered mail includes certified mail and registered mail as defined by the U.S. Postal Service. 5 SECTION 5 PRELIMINARY PLAN 5-2 Supporting Documents Required Section 5-2 D. shall be amended as follows: A letter from each special district, municipality or utility company involved addressed to the Planning Commission and a utility service statement accompanied by a plat signed by the appropriate representative stating that specific services and/or utilities are available and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements. Add new subsection G. to read: G. A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property of the surface estate within - five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or co from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County - Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. Add new subsection H to read: H. A certified list of the names and addresses of mineral owners LZ ,= and lesses of mineral owners having an interest in the property which is the subject of the application. The list shall reflect the names of these owners and lesses as they appear on the plats or records in the County Clerk and Recorder ' s Office and as their most recent addresses may appear in the telephone directory or other directory of general use in the area of the property or on the tax records of the County. 6 5-3 Review Procedures - Preliminary Plan Delete Subsection C and replace with new subsection C: C. The agencies named in this section shall make recommendations within thirty-five days after the mailing by the county or its authorized representatives of such plans unless a necessary extension of not more than thirty days has been consented to by _- the subdivider and the Board. The failure of any agency to respond within thirty-five days or within the period of an extension may, for the purpose of the hearing on the plan, be Li deemed an approval of such plan; except that, where such plan involves twenty or more dwelling units, a school district may be required to submit within said time limit specific v recommendations with respect to the adequacy of school sites is. iz and the adequacy of school structures. Delete Subsection D. and replace with a new Subsections D. , E. , F. , and G. D. Notice shall be published once in a local newspaper of general Eyi circulation in the area where the land is located at least ten (10) days prior to the Planning Commission Hearing. -- __ E. Notice of the time, date and place of the Planning Commission Hearing shall be sent to owner (s) of property the surface estate within five hundred (500) feet of the property under consideration. The source of the ownership information will be from the submitted list required in Section 5-2 G. Such _ notification shall be mailed, first class , not less than ten (10) days before the scheduled hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a _ = surrounding property owner to receive such notification. F. Notice of the time, date and place of the Planning Commission iz: Hearing shall be sent to owners and lessees of the mineral estate on or under the subject property. The source of the ownership information will be from the submitted list required in Section 5-2 H. Such notification shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. 7 G. The copy of the Preliminary Plan filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Preliminary Plan, stating their reasons for supporting or objecting to the Preliminary Plan pursuant to these regulations, on or before the date of the Planning Commission Hearing. Delete Section 5-3 E and replace with new Subsection H. A Utilities Review Advisory Committee shall consist of the Weld County Engineer or a representative of the Weld County Department of Engineering and such other representatives of utility agencies as appointed by the Board. The Utilities Review Advisory Committee shall meet as often as required to review and make recommendations concerning any preliminary plans and final plats pending before the Planning Commission. Change Subsection 5-3 F to I . (No change in text. ) 5-4 Approval or Disapproval - Preliminary Plan Delete Section 5-4 A. (1) (c) Replace with: (c) will not cause soil erosion, soil instability or reduction in the capacity of the land to hold water so that it results in an n unstable, unhealthy or dangerous condition affecting human life or structures. Delete Subsection C. Recommendation and replace with a new subsection C. : C. Recommendation The Planning Commission shall review the Preliminary Plan at a regularly scheduled public meeting. Within ten (10) days after the Planning Commission has made a final recommendation as to the Preliminary Plan approval or disapproval, the Planning ILI C. Commission shall send written notification of its review and its recommendations concerning the Preliminary Plan to the Board. Delete Subsection E. Plan Disapproval and Reapplication and F. Appeal and replace with new subsections E. and F. E. Board Hearing The Board shall hold a hearing on the Preliminary Plan at a regularly scheduled Board meeting within ten (10) days of receipt of transmittal of the Planning Commission recommendation. If the Board determines that the Preliminary Plan submission complies with the applicable requirements of these regulations, it shall authorize the subdivider to proceed 8 with the Final Plat, subject to such terms, conditions or modifications as the Board determines to be appropriate. F. Plan Disapproval and Reapplication Disapproval of a Preliminary Plan shall contain in writing the specific reasons for disapproval . A subdivider may, within six (6) months, resubmit his plan application which shall include an affidavit to the Planning Commission and Board that the " = deficiencies in the previous application have been corrected without paying additional fees. A review of the reapplication shall follow the same review as outline in these regulations for a new application. Any reapplication after six (6) months will require a new fee. SECTION 6 FINAL PLAT 6-2 Supporting Documents Amend Section 6-2 H as follows : A Utility Service Statement with signatures of representatives of each municipality or utility company involved to verify that service - will be provided to the subdivision and that the proposed easement designs are adequate for the respective utilities. Add new Subsection P. to read: P. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Such notice is not required by Colorado State Statute o and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 9 • Add new Subsection Q. to read: Q. A certified list of the names and addresses of mineral owners and lessees of mineral owners having an interest in the property which is the subject of the application. The list shall reflect the names of these owners and lessees as they may appear on the plats or records in the County Clerk and Recorder' s Office and as their most recent addresses may appear in the telephone directory or other directory of general use in = the area of the property or on the tax records of the County. 6-3 Review Procedures - Final Plat Add new Subsections B. (4) , (5) , and (6) to read: B. (4) Notice of the time, date and place of the Planning Commission Hearing shall be sent to owner (s) of property of the surface estate within five hundred (500) feet of the property under consideration. The source of the ownership information will be from the submitted list required in Section 6-2 P. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. (5) Notice of the time, date and place of the Planning ctiL Commission Hearing shall be sent to owners and lessees of the mineral estate on or under the subject property. The source of the ownership information will be from the submitted list required in Section 6-2 Q. Such - _ notification shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. (6) A copy of the Final Plat filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Final Plat, stating the reasons for their support or objections to the Final Plat pursuant to these regulations, on or before the date of the Planning Commission Hearing. 10 Subsection 6-3 C. shall be amended as follows: C. Board Hearing The Board shall hold a hearing on the Final Plat within ten (10) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting. The Board shall also consider the modifications recommended by the Planning Commission. If the Board determines that the Final Plat submission and the recommended modifications comply with the applicable requirements of these regulations , they shall endorse on the Plat in the space provided. cN 7-7 11 Delete Section 6-5 Numbering System and replace with a new Section 6-5 : 6-5 Correction Plat 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 plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an approved preliminary plan and and/or final plat. Add new Section 6-6 Numbering System: 6-6 Numbering System A. The Planning Department shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps , data, and actions. A master location map (or maps) referenced to the filing system shall be made available for public use and examination. 12 SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS SECTION 13 VIOLATIONS AND PENALTIES Delete Subsection C. Building Permits and replace with Subsection C. : C. Building Permits (1) Building permits, for construction on land divided in an illegal manner subsequent to the adoption of these Regulations , shall not be issued unless reviewed and approved by the Board of County Commissioners. No building permit shall be approved by the Board of County Commissioners unless all of the following can be shown: (a) The parcel shall be accessible from an existing public road. (b) The parcel will have access to an adequate water supply; (c) The parcel will have access to an adequate means for the disposal of sewage; (d) The issuance of the building permit will not change the essential character of the neighborhood; co Li 13 (e) The procedure defined in this Section is not being utilized for the purpose of evading the requirements and intent of the Weld County Subdivision Regulations; and (f) The owner does not own a parcel of land adjacent to the subject parcel. EL cci 14 DATE April 6. 3982 Weld County Planning Commission ATDREsS _915 10th Street, Centennial Building, Greeley, Colorado 80631 Neved by Bob Ehrlich that the following resolution be introduced for f„assace by the held County Planning CG '..ission: Be it Pes0lve0 by the Weld County Planning Commission that the proposed amendments to the Weld County Subdivision Regulations as follows: Section 2 regarding change in the definitions for subdivision, resubdivision and registered mail. Section 5 regarding approvals or disapprovals of Preliminary Plans. Section 6 regarding final plats, resubdivision, correction plats, and numbering systems. - Section 9 regarding rules and regulations for exemptions. Section 13 regarding violations and penalties, more specifically, the issuance of building permits on parcels created in an illegal manner. ai = be recommended (favorably) 60akm itt1S to the Board of County con Commissioners for the following reasons: 1. The existing Subdivision Regulations will be brought into conformance with changes made in the State Statutes during the past three (3) years. 2. The proposed changes define written procedures which will coincide with administrative procedures currently being utilized by the County. 3. The proposed changes clarify sections of the regulations so that they will be consistent with current interpretations of the County. 4. The proposed changes do not conflict with the Weld County Comprehensive Plan or ,_ Zoning Ordinance. Motion seconded by Bob Halleran Vote: For Passage Wilbur Wafel Against Passage Bob Halleran Bob Ehrlich Bill Diehl Jack Holman Fred Otis The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Corrnissioners for further proceedings. CERTIFICATION OF COPY • Bobbie Good , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing 44+ is Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado . raopted on April 6, 1982, and re- corded in Book No . VIII of the proceedings of the said Planning Commission . Dated the 8th day of April 19 82 Secretary \ C r� S A public hearing was conducted on May 19 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM , ABSENT NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER , ABSENT JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, CHUCK CUNLIFFE, DIRECTOR The following business was transacted: I hereby certify that pursuant to a notice dated April 12, 1982, duly published April 15, 1982 and May 6, 1982 in the Johnstown Breeze, a public hearing was held on the request of the Weld County Planning Commission to consider amendments to the Weld County Subdivision Regulations. All Commissioners are now present. The Assistant County Attorney made the record. The Director of Planning read the Planning Commissions favorable recommendation into the record. The Commissioners considered the individual sections as recommended. They elaborated on two recent requests that they were uncomfortable with; Subdivision Exemption #154- Eaton Country Club and Replat #212:82:2 - Duane and Dorothy Zabka. Mr. Cunliffe stated that the procedures can not be streamlined too much and cautioned the Board. Commissioner Steinmark said that a replat should be less expensive and less time consuming. After additional study, Commissioner C. Carlson made a motion to table this matter until June 9, 1982 at 2:00 P. M. and further that this Board, the Planning Commission and the Planning Staff shall meet and discuss the amendments before that date. Commissioner N. Carlson seconded the motion. Mac McKinley commended the Board for the tabeling•of this issue. He reported that 25% of the housing costs is attritubed to governmental costs. Mr. McKinley stated that he would invite interested persons to meet with the Board regarding amendments to the subdivision regulations. The Board concurred and asked him to invite interested persons to join in the meeting to be conducted on June 1, 1982. The motion carried unanimously. t /-1 L./ C IRMAN [}7 • BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD ir- p ty County Cle_ DOC T# 82-17 TAPE# 82-35 LHR 245 A public hearing was conducted on June 9, 1982 at 2:00 P.M. , with the following present: JOHN T. MARTIN CHAIRMAN CHUCK CARLSON COMMISSIONER NORMAN CARLSON COMMISSIONER C. W. KIRBY COMMISSIONER JUNE K. STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Bette M. Foose ASSISTANT COUNTY ATTORNEY, Lee Morrison PLANNING DEPARTMENT REPRESENTATIVE, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated April 12, 1982, duly published April 15, 1982 and May 6, 1982 in the Johnstown Breeze, a public hearing was held on May 19, 1982 and continued to June 9, 1982 on the proposed amendments to the Weld County Subdivision Regulations. Chuck Cunliffe explained the reason for the changes as follows: 1 ) The existing subdivision regulations will be bought into conformance with changes made in the state statutes during the past three years. 2) The proposed changes defines written procedures which will coincide with administrative procedures. 3) The proposed changes clarifies sections of the regulations so that they will be consistent with current interpretations of the County. 4) The proposed changes do not conflict with the Weld County Comprehensive Plan or Zoning Ordinance. After discussion and questions answered of the Board, Commissioner Steinmark made a motion to approve the amendments and changes to the Weld County Subdivision Regulations with the exception of Sections 6-4 A, B, C. , 9-2 B. (5) and 9-3 B. (3) . Commissioner C. Carlson seconded the motion and it carried unanimously. hn T. Martin, Ch irman 7 .�pp Board of County Commissioners �� ATTEST: c3.0 f4-,- ,,y,,"/e4, tetinni WELD COUNTY CLERK AND RECORDER A K TO THE ;BOARD (BY: / 1) f /\ /De t lerk DOCKET NO. 82-17 TAPE NO. 82-41 L- H & / - ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET NO. 82-17 - Weld County Planning Department PLEASE write or print legibly your name , address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAMME�J /� ADDRESS HEARING ATTENDING / '��C , +41 i1,?) - // Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) fwceeksa; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said tI tent.,,- notice was contained in the issue of said newspaper aims`SI ., HAbb.Strut. Qrphr, Gina 0 Me etei +nmtr.rlrud: bearing date TIME,,0.PM �afiF rpoto to .e or Third Mt Weld Cpomp.6nq*P bobble- day of May A.D. 19 82. '-11•F*,dneteelatt in if* and the last publication thereof; in the issue of said >� ,tit newspaper bearing date the * P h aai wm�un,. r wn,nnd Third 9KtIMt-VMNfdlnY4nw nod ntot no .taooloortp. day of May A.D. 19 82 ' nnnPuhNH Mmi W{at°A'i c. °uT, mostionenplbid+Zpp4m+n that said The Greeley Daily Tribune and The Greeley ..do Pare*created In aft Republican, has been published continuously and Allprrstgmn} nnPm•nnrrt�.;tea uninterruptedly during the p y period of at least six mwrb.° °nrra,m.MPM tw w.rl+p°"a months next prior to the first issue thereof contained TM fin O.the ptppoun amendment, .re w ttgan tare Ta t+nn-+. said notice or advertisement above referred to; that said County tM Wnn to M Wra.or G 8- a, ntera pwor, newspaper has been admitted to the United States vStrei �+ redo,arnd mey m mails as second-class matter under the provisions of the iewweb 1 .through,-, ld mnr m? e:NA.M.fdd- roti,an PridsT. rrom Act of March 3, 1879, or any amendments thereof; and a DPcounry tows WEED that said newspaper is a daily newspaper duly qualified COU Y.CDyRSTEIO atwitleRi t plftlEASTEI" for publishing legal notices and advertisements within CORDER the meaning of the laws of the State of Colorado. May 3., 1982 Total charge: X14 . 79 N'.,� -SCA .�.. Gr. G\ -- C--.4- ..f-,-. Advertising Clerk Subscribed and orn to before me this 3rd ay of Ma A.D. 19 82 My c mission xptres' Notary Public NOTICE DOCKET NO. 82-17 NOTICE IS HEREBY GIVEN, that the Board of County Commissioners of Weld County, Colorado, will conduct a public hearing in its chambers on the First Floor of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado at the date and time specified: DATE: May 19 , 1982 TIME: 2 : 00 P.M. Said hearing will be for the purpose of considering proposed amendments to the Weld County Subdivision Regulations as follows: Section 2 - regarding change in the definitions for subdivision, resubdivision and registered mail. Section 5 - regarding approvals or disapprovals of Preliminary Plans. Section 6 - regarding final plats , resubdivision, correction plats, and numbering systems . Section 9 - regarding rules and regulations for exemptions. Section 13- regarding violations and penalties, more specifically, the issuance of building permits on parcels created in an illegal manner. All persons in any manner interested are requested to attend the hearing and may be heard. The text of the proposed amendments are available for public inspection in the Office of the Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, and may be viewed Monday through Friday, from 8 : 00 A.M. to 5 : 00 P.M. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: April 12, 1982 PUBLISHED: April 15, 1982 and May 6, 1982 in the Johnstown Breeze Greeley, Colorado from the Office of THE BOARD OF COUNTY COMMISSIONERS April 13 , 1982 WELD COUNTY, COLORADO • Publisher: Please insert the enclosed notice in your issue, the week of May 3 , 1982 , one time only. After publication, please send us your statement for same along with an affidavit of publication and we will remit accordingly. Thank you for your cooperation. • Sincerely, THE BOARD OF COUNTY COMMISSIONERS • Docket No. 82-17 WELD COUNTY, COLORADO Greeley Tribune BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board • • BY Deputy ounty Clerk DATE: Al L 12 , 1982 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 19th day of May at 2 : 00 P.M. : Docket No. 82-17 - Weld County Planning Commission Proposed amendments to the Weld County Subdivision Regulations. • OFFICE OF THE CLERK TO TIjE BOARD 5-197- - „.....),„/4c -2 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r g-L,72,r_ /11.7? ta J ti(yl., 29 rr.- a_..__. .:4.._r-4>-a- MEMORAnDUM TOWeld County Planning Commission Date March 30, 1982 COLORADO From Department of Planning Services Subject. Proposed amendments to the Weld County Subdivision Regulations The Department of Planning Services staff recommends that the attached proposed amendments to the Weld County Subdivision Regulations be approved for the following reasons: 1. The existing Subdivision Regulations will be brought into conformance with changes made in the State Statutes during the past three years. 2. The proposed changes defines written procedures which will coincide with administrative procedures currently being utilized by the County. 3. The proposed changes clarifies sections of the regulations so that they will be consistent with current interpretations of the County. 4. The proposed changes do not conflict with the Weld County Comprehensive Plan or Zoning Ordinance. Listed below in chronological order by Sections is a brief description of the proposed changes to the Subdivision Regulations. Section 2-1 Updates material to be in conformance with changes made in the State Statutes concerning the definition of Subdivision or Subdivided land. Section 2-2 Clarifies definition of resubdivision. Expands on the definition in the existing regulations to be consistent with current interpretation. Section 2-31 Defines registered mail indicating that it includes certified mail. Purpose is to allow certified mail to be sent for notices instead of by registered mail resulting in postage savings to the County and/or applicant. Section 5-2 D. Clarifies submission requirements for applicants regarding evidence to utility service for the subdivision on a preliminary plan application. Sections 5-2 G. and H. Places responsibility on applicant for providing the property owners ' (surface and subsurface) names and addresses when a preliminary plan application is submitted. An identical requirement is currently being used on land use applications which come under the Zoning Regulations. Section 5-3 C. Increases review time for referral agencies from 24 days to 35 days. This is necessary to be in conformance with changes made in the State Statutes . Sections 5-3 D,E,F, and G. Establishes and clarifies procedures for publication of legal notice, notification of property owners (surface and subsurface) , and submittal of comments from affected persons regarding the preliminary plan. Section 5-3 H. Changes membership structure of the Utilities Review Advisory Committee. Eliminates Colorado Highway Department Engineer from the committee. 1 Section 5-3I . No change in the text. Merely renumbers subsection. Section 5-4 A. (1) (c) Adds phrases regarding soil instability and human life or structures. Section 5-4 C. Establishes written procedures for forwarding preliminary plan to Board of County Commissioners. Section 5-4 E. Establishes written procedures for consideration of the preliminary plan by the Board of County Commissioners. Section 5-4F. Clarifies procedures for disapproval of a preliminary plan and time requirements for reapplication. Section 6-2 H. Clarifies submission requirements for applicants regarding evidence of utility service for the subdivision on a final plat application. Sections 6-2 P. and Q. Places responsibility on applicant for providing the property owners ' (surface and subsurface) names and addresses when a final plat application is submitted. An identical requirement is currently being used on Land Use Applications which come under the Zoning Regulations . Sections 6-3 B. (4) (5) and (6) Establishes written procedures for publication of legal notice, notification of property owners ' (surface and subsurface) , and submittal of comments from affected persons regarding the final plat. Section 6-3 C . Establishes written procedure for consideration of the Final Plat by the Board of County Commissioners. Section 6-4 A,B,C. This section on Resubdivision has been rewritten to clarify the procedure and establish written procedure used during the resubdivision process. 2 Section 6-5 Establishes new procedure provided for in the State Statutes. Section 6-6 Minor changes in the wording of the text has been made. The basic content remains the same. Sections 9-2 B. (5) and 9-3 B. (3) Clarifies that the exemption procedures are not effective in previously platted areas. Replats are provided for in Section 6-4 Resubdivision Procedure. Section 13 Establishes new procedure to review requests for Building Permits on land divided in an illegal manner. Removes Planning Commission from decision making process. Establishes minimum standards to be complied with before approval of the request by the Board. 3 3/3/82 DRAFT SECTION 2 DEFINITIONS Delete Section 2-1 Subdivision or Subdivided Land and replace with a new Section 2-1: 2-1 Subdivision or Subdivided Land A. Any parcel of land which is to be used for condominiums , apartments, or any other multiple-dwelling units , unless such land when previously subdivided was accompanied by a filing which complied with the provisions of these regulations with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (1) , (2) , or (3) of this subsection 2-1. As used in these regulations , "interests" includes any and all interests in the surface of land but excludes any and all subsurface interests. (1) The terms "subdivision" and "subdivided land" , as defined in paragraph (A) of this subsection 2-1 , shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners. (2) Unless the method of disposition is adopted for the purpose of evading these regulations , the terms "subdivision" and "subdivided land" , as defined in paragraph (A) of this subsection 2-1 shall not apply to any division of land: (a) Which creates parcels of land, such that the land area of each of the parcels, when divided by number of interest in any such parcel, results in thirty-five or more acres per interest; (b) Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest; (c) Which is created by a lien, mortgage , deed of trust, or any other security instrument; (d) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity; 1 (e) Which creates cemetery lots; (f) Which creates an interest in oil, gas, minerals , or water which is severed from the surface ownership of real property; (g) Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection 2-1 as only one interest; or (h) ,Which is created by the combination of contiguous parcels of land into one larger parcel. If the resulting parcel is less than thirty-five acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty-five acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five or more acres per interest. Easements and rights-of-ways shall not be considered interests for purposes of this subparagraph (h) . (3) The Board of County Commissioners may, exempt from this definition of the terms "subdivision" and "subdivided land" any division of land if the Board of County Commissioners determines that such division is not within the purposes of these regulations. Section 2-2 shall be amended as follows: 2-2 Resubdivision Any change in a map of an approved or recorded subdivision plat or any change in a map or plan filed prior to adoption of any regulations controlling subdivisions, if such change affects any lot line, any street layout on such map, or any area reserved for public use such as utility or drainage easements. Add new Section 2-31 Registered Mail to read: Section 2-31 Registered Mail . Mail recorded in the post office of mailing and guaranteed special care in delivery. Registered mail includes certified mail and registered mail as defined by the U.S. Postal Service. 2 SECTION 5 PRELIMINARY PLAN 5-2 Supporting Documents Required Section 5-2 D. shall be amended as follows: A letter from each special district, municipality or utility company involved addressed to the Planning Commission and a utility service statement accompanied by a plat signed by the appropriate representative stating that specific services and/or utilities are available and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements . Add new subsection G. to read: G. A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. Add new subsection H to read: H. A certified list of the names and addresses of mineral owners and lesses of mineral owners having an interest in the property which is the subject of the application. The list shall reflect the names of these owners and lesses as they appear on the plats or records in the County Clerk and Recorder ' s Office and as their most recent addresses may appear in the telephone directory or other directory of general use in the area of the property or on the tax records of the County. 5-3 Review Procedures - Preliminary Plan Delete Subsection C and replace with new subsection C: 3 C. The agencies named in this section shall make recommendations within thirty-five days after the mailing by the county or its authorized representatives of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the Board. The failure of any agency to respond within thirty-five days or within the period of an extension may, for the purpose of the hearing on the plan, be deemed an approval of such plan; except that, where such plan involves twenty or more dwelling units, a school district may be required to submit within said time limit specific recommendations with respect to the adequacy of school sites and the adequacy of school structures . Delete Subsection D. and replace with a new Subsections D. , E. , F. , and G. D. Notice shall be published once in a local newspaper of general circulation in the area where the land is located at least ten (10) days prior to the Planning Commission Hearing. E. Notice of the time , date and place of the Planning Commission Hearing shall be sent to owner (s) of property the surface estate within five hundred (500) feet of the property under consideration. The source of the ownership information will be from the submitted list required in Section 5-2 G. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. F. Notice of the time, date and place of the Planning Commission Hearing shall be sent to owners and lessees of the mineral estate on or under the subject property. The source of the ownership information will be from the submitted list required in Section 5-2 H. Such notification shall be mailed, registered mail , not less than ten (10) days before the scheduled hearing. G. The copy of the Preliminary Plan filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Preliminary Plan, stating their reasons for supporting or objecting to the Preliminary Plan pursuant to these regulations , on or before the date of the Planning Commission Hearing. Section 5-3 E shall be amended to read as follows: 4 A Utilities Review Advisory Committee shall consist of the Weld County Engineer or a representative of the Weld County Department of Engineering and such other representatives of utility agencies as appointed by the Board. The Utilities Review Advisory Committee shall meet as often as required to review and make recommendations concerning any preliminary plans and final plats pending before the Planning Commission. 5-4 Approval or Disapproval - Preliminary Plan Delete Section 5-4 A. (1) (c) Replace with: (c) will not cause soil erosion, soil instability or reduction in the capacity of the land to hold water so that it results in an unstable, unhealthy or dangerous condition affecting human life or structures . Delete Subsection C. Recommendation and replace with a new subsection C. : C. Recommendation The Planning Commission shall review the Preliminary Plan at a regularly scheduled public meeting. Within ten (10) days after the Planning Commission has made a final recommendation as to the Preliminary Plan approval or disapproval, the Planning Commission shall send written notification of its review and its recommendations concerning the Preliminary Plan to the Board. Delete Subsection E. Plan Disapproval and Reapplication and F. Appeal and replace with new subsections E. and F. E. Board Hearing The Board shall hold a hearing on the Preliminary Plan at a regularly scheduled Board meeting within ten (10) days of receipt of transmittal of the Planning Commission recommendation. If the Board determines that the Preliminary Plan submission complies with the applicable requirements of these regulations, it shall authorize the subdivider to proceed with the Final Plat, subject to such terms , conditions or modifications as the Board determines to be appropriate. F. Plan Disapproval and Reapplication Disapproval of a Preliminary Plan shall contain in writing the specific reasons for disapproval. A subdivider may, within six (6) months, resubmit his plan application which shall include an affidavit to the Planning Commission and 5 Board that the deficiencies in the previous application have been corrected without paying additional fees . A review of the reapplication shall follow the same review as outline in these regulations for a new application. Any reapplication after six (6) months will require a new fee. SECTION 6 FINAL PLAT 6-2 Supporting Documents Amend Section 6-2 H as follows : A Utility Service Statement with signatures of representatives of each municipality or utility company involved to verify that service will be provided to the subdivision and that the proposed easement designs are adequate for the respective utilities. Add new Subsection P. to read: P. A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. Add new Subsection Q. to read: Q. A certified list of the names and addresses of mineral . owners and lessees of mineral owners having an interest in the property which is the subject of the application. The list shall reflect the names of these owners and lessees as they may appear on the plats or records in the County Clerk and Recorder' s Office and as their most recent addresses may appear in the telephone directory or other directory of general use in the area of the property or on the tax records of the County. 6-3 Review Procedures - Final Plat 6 Add new Subsections B. (4) , (5) , and (6) to read: B. (4) Notice of the time, date and place of the Planning Commission Hearing shall be sent to owner (s) of property of the surface estate within five hundred (500) feet of the property under consideration. The source of the ownership information will be from the submitted list required in Section 6-2 P. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. (5) Notice of the time, date and place of the Planning Commission Hearing shall be sent to owners and lessees of the mineral estate on or under the subject property. The source of the ownership information will be from the submitted list required in Section 6-2 Q. Such notification shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. (6) A copy of the Final Plat filed with the Planning Department shall be available for public viewing. Any affected person may submit verbal or written comments to the Planning Commission regarding the Final Plat, stating the reasons for their support or objections to the Final Plat pursuant to these regulations, on or before the date of the Planning Commission Hearing. Subsection 6-3 C. shall be amended as follows: C. Board Hearing The Board shall hold a hearing on the Final Plat within ten (10) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting. The Board shall also consider the modifications recommended by the Planning Commission. If the Board determines that the Final Plat submission and the recommended modifications complies with the applicable requirements of these regulations, they shall endorse on the Plat in the space provided. Delete Sections 6-4 A. , B. , and C. Replace with new Sections A. , B. , C. , and D. to read: 7 A. For any change in a map of an approved or recorded subdivision plat or for any change in a map or plan legally filed prior to adoption of any regulations controlling subdivisions, if such change affects any lot line, any street layout shown on such map, or any area reserved for public use such as utility or drainage easements, such change or parcel shall be approved by the procedures delineated below in this Section 6-4 . B. Requests for resubdivision for the purpose of redesign or vacation of all or portions of a subdivision shall be subject to these resubdivision submittal requirements. These revisions shall be submitted to the Planning Commission and Board of County Commissioners for their review. The request shall be reviewed in accordance with Section 6-3 of these regulations. C. The applicant shall submit to the Office of the Department of Planning Services the following items with the appropriate fee for a request for a resubdivision or vacation in the unincorporated area of Weld County, Colorado: (1) An application form as prescribed and furnished by the Department of Planning Services. (2) 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. (3) 12 copies of a plat showing the existing lot divisions and the proposed lot changes in accordance with the Final Plat drawing requirements of Section 6-1.B. of the Subdivision Regulations . (4) A Utility Service Statement with signatures of representatives of each municipality or utility company involved to verify that existing and proposed easement designs are adequate for the respective utilities. (5) A letter of explanation detailing the situation indicating the reason (s) why the request for the resubdivision or vacation has been made. The letter should address the revisions or vacation being requested as compared to the previously recorded plat. (6) One copy of the existing recorded plat of the subdivision shall be provided for comparison purposes. 8 (7) A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500 ) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. (8) A certified list of the names and addresses of mineral owners and lessees of mineral owners having an interest in the property which is the subject of the application. The list shall reflect the names of these owners and lessees as they appear on the plats or records in the County Clerk and Recorder' s Office and as their most recent addresses may appear in the telephone directory or other directory of general use in the area of the property or on the tax records of the County. (9) Any other information determined to be necessary by the Department of Planning Services that will aid in helping the Planning Commission and the Board of County Commissioners make a decision. D. Any such resubdivision shall be approved if it complies with the requirements of this Section 6-4 and other adopted rules, regulations and ordinances currently in force and affecting the land and its development in the County except that: (1) No lot or parcel of land shall be created that is less than the minimum requirements for area or dimension as established by these regulations or other applicable ordinances; (2) Drainage easements or rights-of-way reserved for drainage shall not be changed unless supported by complete engineering data; and 9 (3) The plat shall not be altered in any way which will adversely affect the character of the plat filed. Delete Section 6-5 Numbering System and replace with a new Section 6-5 : 6-5 Correction Plat 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 plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an approved preliminary plan and and/or final plat. Add new Section 6-6 Numbering System: 6-6 Numbering System A. The Planning Department shall maintain an adequate numbered filing system for all subdivisions , including copies of all maps, data, and actions. A master location map (or maps) referenced to the filing system shall be made available for public use and examination. SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS Add a new Section 9-2 B. (5) to read: 9-2B. (5) No lot which is part of an approved 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 shall be redivided or changes in any manner by the Recorded Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing Section 6-4 of these Regulations. Add a new Section 9-3 B. (3) to read: 9-3B. (3) No lot which is part of an approved or recorded 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, 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 of these Regulations. SECTION 13 VIOLATIONS AND PENALTIES Delete Subsection C. Building Permits and replace with Subsection C. : 10 C. Building Permits (1) Building permits, for construction on land divided in an illegal manner subsequent to the adoption of these Regulations , shall not be issued unless reviewed and approved by the Board of County Commissioners. No building permit shall be approved by the Board of County Commissioners unless all of the following can be shown: (a) The parcel shall be accessible from an existing public road. (b) The parcel will have access to an adequate water supply; (c) The parcel will have access to an adequate means for the disposal of sewage; (d) The issuance of the building permit will not change the essential character of the neighborhood; (e) The procedure defined in this Section is not being utilized for the purpose of evading the requirements and intent of the Weld County Subdivision Regulations; and (f) The owner does not own a parcel of land adjacent to the subject parcel. 11 Hello