HomeMy WebLinkAbout821072.tiff Y
B ,,Y0 0 {d l::.l., l:,F 1 H +O '3 ...... 1 o....Y :J '....... $0 1.3::1 i fo
•1 a i,r,' ,..I...1!::.!'!:::1 i':.r, i.I:•1•!'it. ... ........1J1,1_'I:..P HL I...P f.�!, L U
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
affairs of Weld County, Colorado, and
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
Sections 6-4 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-
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
WELD COUNTY, COLORADO
ATTEST: .rd.(eNMrJ
J n T. Martin, Chairman
Weld-County C erk and Recorder
and Clerk to the Board
Ch ck Carlso , Pro Tem
BY f---" ,,, ��_-
Deputy County Clerk
Norman Carlson
APPROVED AS TO FORM: `
GG� . K ,2- UZ
D> €Q y4,-
County Attorney
e K. St inmark
',„2",j,.„`�' `'v ' z-i o y z
PURPORTED COPY DATE PRESENTED: JUNE 14, 1982
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.
(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-
paragraph (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 `he post office of
mailing and guaranteed special care in delivery. Registered mail
includes certified mail and registered mail as defined by the 0.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
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.
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
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.
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
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
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
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
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.
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;
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.
14
DATE April 6. 1982
Weld County Planning Commission
,:31[SS .915 10th Street, Centennial Building, Greeley, Colorado 80631
Moved by Bob Ehrlich that the following resolution be introduced
for r.ussecE by tho hold Corr ty rlcnr;ing Cc -:iosion:
y iL � � i r� rthat the
Be i t Fesol ved by the i•e i d County r ann i no Commission
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.
be recommended (favorably) iimmI of to the Board of County
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 Commissioners
for further proceedings.
CERTIFICATION OF COPY
, Bobbie Good , Recording Secretary of the Weld County
Planning Commission, do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County, Colorado. ecopted on April 6, 1982, and re-
corded in Book No. viii of the proceedings of the said Planning
Commission.
Dated the stn day of April 19 82
Secretary \
Hello