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Home My WebLink About821069.tiff * `t B 0958 REC 1879405 01/08/82 12:40 $0.00 1/015 MARY ANN FEUERS'TEI.N, CLERK & RECORDER, WE.1.1) COUNTY, CO A ,- RESOLUTION RE: ADOPTION OF AMENDMENTS TO SECTIONS 3-2, 9 AND THE ADDITION OF A NEW SECTION 15 OF THE WELD COUNTY SUBDIVISION REGULATIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statutes 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 30th day of December, 1981 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 are to read as follows: Attached Exhibit "A" Section 3-2 Attached Exhibit "B" Section 9 Attached Exhibit "C" Section 15 are incorporated herein and made a part hereof by reference. WHEREAS, the Board has studied the proposed amendments and considered the recommendation of the Weld County Planning Commission and deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the amendments to Sections 3-2, 9 and the addition of a new Section 15, of the Weld County Subdivision Regulations, as stated herein, be and hereby are, adopted to be effective January 1, 1982. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote the 30th day of December, A.D . SI' BOARD OF COUNTY COMMISSIONERS Q _,1?..1g64. WELD COUNTY, COLORADO ` a�..tornm`SS�° _p_2„,,, uck C Carlsor[, Chairman a ,A.-1-.2,:ara )14,.....„..,._ 0„...1......_ ATTEST': Norman Carlson, Pro Tem Weld County Clerk and Recorder P,,-/,-,- and—Glerk to the/Bo -d. - C. W. Kirby / (.: BY,.9(e,..4.4,,e, __ ___ ,J 6 /7 , ' , ____ Deputy Count Clerk /1� J T. Martin ROVED AS TO FORM: /� Ze, 1.: e K. Ste nmark Q'S.741-7,-.._O _ ,Q County Attorney PURPORTED COPY DATE PRESENTED: January 4, 1982 .c.../j2 -V≤ E{ 0958 REC 879405 01/08/82 12:40 $0.00 2/015 MARY ANN F"E:UERSTE IN, CLERK I RECORDER WELD COUNTY, CO • EXHIBIT "A" 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. • • • "'s • ' n B0958I;E C 3"T9�4t) Oi/03/£3L' f�':4t) $0.00 3/015 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO EXHIBIT "B" 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 Subdivision Regulations. Such land divisions must follow the procedures in this Section 9. Exemptions approved pursuant to this Section 9 shall be referred to as"Recorded Exemptions" and"Subdivision Exemptions". 9-2 Recorded Exemptions A. Intent The intent in establishing the Recorded Exemption Procedure is to provide, in accordance with the Weld County Comprehensive Plan and Intent of the zone district in which the request is made, a means whereby a lot may be divided into two (2) separate lots. Such divisions should only be permitted when they are compatible with the surrounding area and uses; will not be inconsistent with efficient and orderly development; and are consistent with the Weld County Comprehensive Plan. B. General (1) Any lot having been created by a Recorded Exemption shall not be redivided by a new Recorded Exemption for a period less than five (5) years commencing from the date of approval of the Recorded Exemption which created 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 (Section 31.5 of the Weld County Zoning Ordinance) an applicant may use a portion of his (her) ownership which is equal to the minimum lot size for the request. (3) Public road rights-of-way shall be dedicated or reserved in conformance with the Weld County Thoroughfare Plan or in conformance with the master plans of affected municipalities. (4) No Recorded Exemption shall be considered complete until the plat, required pursuant to Section 9-2 C (4), has been submitted to the Weld County Clerk and Recorder in accordance with Section 9-2 D (6). B 0958 REC 379405 01/00/112 1 2:40 $0.()0 4/0i5} MARY ANN EEUERSTEIN, CLERK & RECORDE:R, WELD COUNTY, CO 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. (g) A statement which explains that the application complies with the Weld County Zoning Ordinance, • B 0958 REC C•,,-79405 01/08/82 1;2.40 $0.00 5/015 MARY ANN FEUERSTE.1:N, CLERK I RECORDER, WELD COUNTY, CO 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. (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. B 0958 REC 018/9405 01108/82 12:40 0.00 6/015, • MARY ANN F"EUERSTEIN, CLERK I RECORDER, WELD COUNTY, CO (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. (b) The plat shall bear the following certifications: (Below the legal description) 1 (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 B 0958 RE 71 879405 01/08/82 12:40 $0.00 7/015 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO 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 favor- able response to the Board. The reviews and comments solicited by Weld County are intended to provide the County with informa- tion about the proposed Recorded Exemption. The Board may con- sider 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. B 095E) I;E£: 01879405 01/0882 1:2,40 $0.00 8/015 ' • MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO (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. (b) That the uses which would be permitted will be compatible with the existing surrounding land uses. (c) That the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. (d) That the application complies or will comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. (e) That the minimum size of any building site, tract or lot created by such land division shall not be less than one (1) acre, except where smaller lot sizes are allowed in a specific zoning district or except where specifically exempted by the Board. (f) That the proposed land division is in compliance with the Weld County Comprehensive Plan. (g) That the proposed division will not be inconsistent with efficient and orderly development. (h) That the lots resulting from the proposed land division shall be accessible from an existing public road. ----------- ---- • B 0958 RE ►18 79405 01/08/82 12,40 0.00 9/015 MARY ANN FEUE.RSTEIN, CLERK I RECORDER, WELD COUNTY, CO (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 D 0958 R 01879405.1 01/08/82 12,4( $0.,00 10/01'5 • MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO 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. • D 0958 I EC 879405 i)i/08/82 12:40 0.Uq 11/015 • MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO 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. D 09513 a 01879405 01/08/82 12: $0.00 12/015 • MARY ANN FE:UERSTEIN, CLERK & RECORDER, WELD COUNTY, CO 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. B 0958 F 01879405 01/08/8'2 i 2:4.. $0.00 i 3/0i 5 • MARY ANN FE:UERSTEIN, CLERK & RECORDER, WELD COUNTY, CO • EXHIBIT "C" Section 15: Fees for all subdivision applications provided for in the Subdivision Regulations shall be established by resolution of the Board of County Commissioners in conjunction with a hearing process that will consist of a ten (10) day public notice prior to the Board of County Commissioner's hearing. Notice of said hearing is to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. B 0958 REC 879405 01/08/82 12:40 $0.00 14/015 s MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION.OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI!SIONERS Moved by Jerry Kiefer that the following resolution be intro- duced for passage by the Weld County Planning Commission: Be it therefore Resolved y t.e Weld County Planning Conmission that the following be adopteJ by the Board of County Commissioners as amendments to the Weld County Subdivision Regulations. • A. A proposal to consider amending Section 3-2 regarding the summary of Rules and Regulations for Exemptions. • B. A proposal to consider amending Section 9 regarding the Rules and Regulations for Recorded Exemptions and Subdivision Exemptions. C. A proposal to consider adding a new Section 15, regarding fees for subdivision and exemption applications. • *To be recommended favorably to the Board of County Commissioners NOTE: Bill Diehl voted no because he does not feel they have had time to study these enough to make a judgement on it. He felt they should have received information prior to the meeting or continue any action until a later date. Motion seconded by Bob Halleran _ Vote: For Passage Abstain Against Jerry Kiefer _ _ Bill Diehl • Bob Halleran Bob Ehrlich • Fred Otis Jack Holman • Th: Chairman declared the motion passed and ordered that a certified • copy of this Resolution be forwarded with the file of this case to the Board of County Commi•�sioners for further proceedings., B 0958 01879405 01/08/82 12,4( $0.00 15/015 • MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO • 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 December 1. 1981 and re- corded in Book No. viz of the proceedings of the said Planning Commission. Dated the 2nd day of perPmt - 19aL_ Secretary ` 1 { WELD COUNTY ...JIVISION REGULATION AMENDMENTS EFFECTIVE 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. 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). -2- 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. -3- (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. (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. -4- (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 -5- 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. -6- (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. (b) That the uses which would be permitted will be compatible with the existing surrounding land uses. (c) That the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. (d) That the application complies or will comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. (e) That the minimum size of any building site, tract or lot created by such land division shall not be less than one (1) acre, except where smaller lot sizes are allowed in a specific zoning district or except where specifically exempted by the Board. (f) That the proposed land division is in compliance with the Weld County Comprehensive Plan. (g) That the proposed division will not be inconsistent with efficient and orderly development. (h) That the lots resulting from the proposed land division shall be accessible from an existing public road. -7- (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 -8- (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. -9- 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. -io- (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. -11- SECTION 15: Fees for all subdivision applications provided for in the Subdivision Regulations shall be established by resolution of the Board of County Commissioners 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. -12- A. 12/1/81 BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI!SIONERS Moved by Bob Halleran that the following resolution be intro- duced for passage by the Weld County Planning Commission:. Be it therefore Resolved ay tie Weld County Planning Commission that the following be adopteJ by the Board of County Commissicners: Add a new Section 29 to the Weld County Zoning Ordinance with states: 29. Fees: Fees for all Land Use Permit applications provided for in the Zoning Ordinance shall be established by resolution of the Board of County Commissioners in conjunction with a hearing process that will consist of a ten (10) day public notice prior to the Board of County Commis- sioner's hearing. Notice of said hearing is to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. To be recommended favorably to the Board of County Commissioners for the following.reasons: See attached sheet Motion seconded by Jerry Kiefer _. Vote: For Passage Abstain Against Jerry Kiefer Bob Halleran • Bob Ehrlich Jack Holman Bill Diehl Fred Otis Thv Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commi•;sioners for further proceedings., • CERTIFICATION OR-COPY I, Bobbie Good , Recording,Secretary of the Weld County Planning Commission, do hereby certify tat the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado. ,dopted on Degcpber 1, 1981 and re- corded in Book No. VII of the proceedings of the said Planning • Commission. Dated the 244 day of December 1981 Secretary 1. The existing ordinance is in need of the proposed revision. The purpose of this amendment to the ordinance is twofold. First, it will clarify that fees are required for all land use permit applications. Secondly, it will clarify the hearing process proceduxe for amending the fee schedule for land use permit applications. p, 2. The proposed amendment will be consistent with the future goals and needs of the County as set out in the Weld Cqunty Comprehensive plan. The proposed amendment does not conflict with the Weld County Comprehen- sive Plan. 3. The proposed amendment will be consistent with the overall intent of the Weld County Zoning Ordinance. The proposed amendment does not conflict with the overall intent of the Weld County;;3Zoning Ordinance. _; mEmoRAnDum 111 IWeld County Planning Commission Members; and To Board of County Commissioners Data November 13, 1981 COLORADO From The Department of Planning Services subject: Hearing process to amend fee schedules The purpose of this amendment is twofold. First, it will clarify that fees are required for all land use permits and subdivision appli- tions. Secondly, it will clarify the hearing process procedure for amending the fee schedule for land use and subdivision applications. Prior to December 1978, application fees were included in the Zoning Resolution and Subdivision Regulations. Each time amendments to the fees were approved, the documents were reprinted to reflect the change in fees. It was decided in December 1978, to extract the fee schedules from the documents and establish a listing of fees by separate resolution. Also, in December 1978, a hearing process for amendments to the fee schedule was established which included review by the Planning Commission and the Board of County Commissioners. The proposed amendment will establish a new hearing process which requires action only by the Board of County Commissioners in amending fee schedules. CC:rg DOCKET #81-55 NOTICE OF PUBLIC HEARING The Board of County Commissioners will conduct a public hearing at 10:00 a.m. on Monday, December 28, 1981, in the County Commissioner's hearing room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado for the purpose of considering an amendment to the Weld County Zoning Ordinance #89 to include a new Section 29, which reads as follows: 29 Fees. Fees for all Land Use Permit Applications provided -55T-in the Weld County Zoning Ordinance shall be established by resolution of the Board of County Commissioners in conjunc- tion 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. All persons in any manner interested in the proposed amendment to the Weld County Zoning Ordinance #89 are requested to attend and may be heard. Materials pertaining to the proposed amendment are available for inspection in the office of the Clerk to the Board of County Commis- sioners, third floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, Monday through Friday 8:00 a.m. to 5:00 p.m. -213-45 6? THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN G�1vE COUNTY CLERK AND RECORDER we��10�oow�1 Sion AND CLERK TO THE BOARD rs P BY: Keitha White, Deputy DATED: November 21, 1981 PUBLISHED: November 25 and December 17, 1981 in the Johnstown Breeze 29 Fees. Fees for all Land Use Permit applications provided for in the Zoning Ordinance shall be established by resolution of the Board of County Commissioners in conjunction with a hearing process that will consist of a ten (10) day public notice prior to the Board of County Commissioner's hearing. Notice of said hearing is to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; ruclvmrlicE that the same is a weekly newspaper »amtoo>��usc printed,in whole or in part,and published AR in the County of Weld,State of Colorado, The Weld County Planning, and has a general circulation therein;that Commission will conduct a said newspaper has been published publie hearing at 1:30 p.m.lit Tuesday,December 1,19s1,in continuously and uninterruptedly in said the County Commissioners' Hearing Boom,first floor,Weld; County of Weld fora period of more than County.Centennial Center,915 fifty-two consecutive weeks prior to the 10th Street,Greeley,Colorado for the puurrppose of amending the firstpublication of the annexed legal notice Weld County Zoning Ordinance g to ineiude a new Section as, or advertisement;that said newspaper has which reads as follows: been admitted to the United States mails as 29 FEES.Fees for all Land second-class matter under the provisions of i7se Permit Applications pro- vided for to the Weld County the Act of March 3, 1879, or any Zoning Ordinance shall be established by resolution of the amendments thereof, and that said Board of County Commissioners in conjunction with a hearing newspaper is a weekly newspaper duly process that will consist of a ten (10)Zyth ublic notice rtor to qualified for publishing legal notices and the soar of County cI'ommis- advertisements within the meaning of the stoner's hearing.Notice of said hearing is to be published once laws of the State of Colorado. in the newspaper designated by the Board of County commis- That the annexed legal notice or advertise- sioners for publication of ment was published in the regular and notices. All persons in any manner entire issue of every number of aid weekly interested in the gropused newspaper for the period of..1..consecu- amendment to the We d County 'Liming d and may are requested live insertions; and that the first to publication of said notice,}h�as i the issue�pf materials pertaining to the said newspaper dated 4/s2 A.D.19�f II proposed amendment are avail- able for ub1Lc inspection in the and that the last publication of said notice office h the Department of wia purity Centeiutial Center: was in the issue of said newspaper dated 915 loth Street,Greeley Colo- A.D.19 400).Phone(358 4000-Extension In witness wh eof I have hereunto set my hand this.. ..? day of.'Q," w>e%D°cdu Yxnan A.D.19 r./ PLANNING COMMISSION To be published in the Johns O. - town Breese To be published one(1)time by 6� ovembe0 12,1981(publicatin Publisher date) Ca Legal 811-2 lannMg and Zoning Subscribed and sworn to before me,a Notary Public in and for the County of Weld State of Colorado,this........day of 117'—.A.D.19..,e/... d S per,,,Noiary Public. 201.Z`Ci LL/it CO S> lOS / My commission expires //—/ j - i BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI!SIONERS Moved by Jerry Kiefer that the following resolution be intro- duced for passage by the Weld County Planning Commission:. Be it therefore Resolved iy te Weld County Planning Commission that the following be adopteJ by the Board of County Commissioners as amendments to the Weld County Subdivision Regulations. A. A proposal to consider amending Section 3-2 regarding the summary of Rules and Regulations for Exemptions. • B. A proposal to consider amending Section 9 regarding the Rules and Regulations for Recorded Exemptions and Subdivision Exemptions. C. A proposal to consider adding a new Section 15, regarding fees for subdivision and exemption applications. •To be recommended favorably to the Board of County Commissioners NOTE: Bill Diehl voted no because he does not feel they have had time to study • these enough to make a judgement on it. He felt they should have received information prior to the meeting or continue any action until a later date. Motion seconded by Bob Halleran Vote: For Passage Abstain Against Jerry Kiefer _ _ Bill Diehl Bob Halleran Bob Ehrlich Fred Otis Jack Holman • • Thi• Chairman declared the motion passed and ordered that a certified • copy of this Resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, 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 December 1. 1981 and re- corded in Book No. vii of the proceedings of the said Planning Commission. Dated the 2nd day of nP�amror l9 _ Secretary ..._-J�.. inE �r_L✓ ��.��III ^-^� --.•i'_ .. ...._�_',t F:SOLU 1DE OF E r...._N tEC ER i� t r. CJ:'..'._�On l IOIt TO THE ,�r.�.J Cis Lt.,;i�i i C:.�• ��.`..1.� ".S Case--I: ' .. ------- Date December 1, 1981 APPLICATION OF The Weld County Department of Planning Services ADDRESS . 915 10th Street -Room 342, Greeley, Colorado 80631 Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for amendments to the Weld County Subdivision Regulations. covering the following described property in Weld County, Colorado, to-wit: be recommended (favorably) (unmtidavy) to the Board of County Commissioners for—the.following reasons: A. A proposal to consider amending Section 3-2 regarding the summary of Rules and Regulations for Exemptions; B. A proposal to consider amending Section 9 regarding the Rules and Regulations for Recorded Exemptions and Subdivision Exemptions. C. A proposal to consider adding a new Section 15, regarding fees for subdivision and exemption applications. NOTE, Bill Diehl voted no because he does not feel they have had_time-to study these enough to make a judgement on it. He felt they should have received information prior to the meeting or continue any action until a later date. Motion seconded by Bob Halleran Vote: For Passage Jerry Kiefer Against Passage Bill Diehl Bob Halleran Bob Ehrlich Fred Otis Jack Holman 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. Date: December 1, 1981 Request: Amendment to Weld County Zoning Ordinance -Add new Section 29 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services staff that: 1. The existing ordinance is in need of the proposed revision. The purpose of this amendment to the ordinance is twofold. First, it will clarify that fees are required for all land use permit applications. Secondly, it will clarify the hearing process procedure for amending the fee schedule for land use permit applications. 2. The proposed amendment will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive plan. The proposed amendment does not conflict with the Weld County Comprehensive Plan. 3. The proposed amendment will be consistent with the overall intent of the Weld County Zoning Ordinance. The proposed amendment does not conflict with the overall intent of the Weld County Zoning Ordinance. B-34 DOCKET #81-56 NOTICE OF PUBLIC HEARING The Board of County Commissioners will conduct a public hearing at 2:00 p.m. on Wednesday, December 30, 1981 in the County Commissioners' hearing room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado for the purpose of considering the following proposals as amendments to the Weld County Subdivision Regulations: 1. A proposal to consider amending Section 3-2 regarding the Summary of Rules and Regulations for Exemptions; 2. A proposal to consider amending Section 9 regarding the Rules and Regulations for Recorded Exemptions and Subdi- vision Hxemptions; 3. A proposal to consider adding a new Section 15 regarding fees for subdivision and exemption applications. All persons in any manner interested in the proposed amendments to the Weld County Subdivision Regulations are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for inspection in the office of the Clerk to the Board of County Commis- sioners, third floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, Monday through Friday 8:00 a.m. to 5:00 p.m. •�,\\N i. 16, THE BOARD OF COUNTY COMMISSIONERS •9, WELD COUNTY, COLORADO 00 7 V..$) BY: MARY ANN FEUERSTEIN '; VlSCSI COUNTY CLERK AND RECORDER �_ wtlp CooeClSs\ow ;q�I 1.1001 AND CLERK TO THE BOARD BY: Keitha White, Deputy. DATED: November 21, 1981 PUBLISHED: November 25 and December 17, 1981 in the Johnstown Breeze AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed,in whole or in part,and published in the County of Weld,State of Colorado, PITBLIC1Vo9CICE and has a general circulation therein;that NOTICE OFPIIBLIG said newspaper has been published HEARnv� continuously and uninterruptedly in said The weld County Planning commission Win conduct a County of Weld for a period of more than tippublic hearing at 1:30 p.m.on fifty-two consecutive weeks prior to the the sC unDecCommissioners Hearing Room,first floor,Weld first publication of the annexed legal notice County Centennial Center.915 or advertisement;that said newspaper has tPorn Streeut,Greeley, raau been admitted to the United States mails as he tfollo wng prc°41-1%p amendments to the Weld County second-class matter under the provisions of Subdivision Regulations: the Act of March 3, 1879, or any P.A proposal to considegr amendments thereof, and that said theeSummaryoof?Rulesrand newspaper is a weekly newspaper duly Regulations for Exemptions; qualified for publishing legal notices and 2.A proposai to consider advertisements within the meaning of the amending Section 9 regarding the Ruins and Regulations for laws of the State of Colorado. Recorded Exemptions and sub- That the annexed legal notice or advertise- division Exemptions; 3.A proposal to consider ment was published in the regular and adding a new Section P5 regard- entire issue of every number of said weekly .ng fees for subdivision and exemption applications. newspaper for the period of../...consecu- All persons in any manner five insertions; and that the first i interested in the proposed publication of said notice yvas i2 the issue f amendments to the Weld County /1/0 �( OD Subdivision Regulations are re- said newspaper dated CQL'1 A.D.190.E Rigged to,attend and may be and that the last publication of said notice Materials pertaining to the was in the issue of said newspaper dated proposed amendments are ,A.D.19 available for public inspection in the office of the Department of In witness w eof I have hereunto set Planning Services,Room 342, Weld County Centennial Center, my hand this... ..2 day of.4/4.,. 9P5 POth Street,Greeley Colo- A.D.19X. rado.Phone(356-4000 m exten- sion 400). Fred Otis;Chairman Weld County Planning Commission . C. E To be published in the Johns- i Publisher town Breeze To be pulilished one(1)time by date)mber.i9;into(publication Subscribed and sworn to before me,a co.a egad 38253-i?apnni,g and I Notary Public in and for the C unty of Zoning s c Wel�j State of Colorado,this...�3...day of ..... , L7:A.D.19..1'..1../... 19ai�. , Notary b ubl:_. 9,_,,,,,,,,,, co i'5-3'i My commission expires..//`/ " NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing at 1:30 p.m. on Tuesday, December 1, 1981, in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado for the purpose of amending the Weld County Zoning Ordinance to include a new Section 29, which reads as follows: 29 Fees. Fees for all Land Use Permit Applications provided for in the Weld County Zoning Ordinance shall be established by resolution of the Board of County Commissioners in conjunc- tion with a hearing process that will consist of a ten (10) day public notice prior to the Board of County Commissioner's hearing. Notice of said hearing is to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. All persons in any manner interested in the proposed amendment to the Weld County Zoning Ordinance are requested to attend and may be heard. Materials pertaining to the proposed amendment are available for public inspection in the office of the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Phone (356-4000 -Extension 400) Fred Otis, Chairman WELD COUNTY PLANNING COMMISSION To be published in the Johnstown Breeze To be published one (1) time by November 19, 1981 (publication date) Received by: C;4' Date: // ` v/ Hello