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Home My WebLink About820035.tiff AR1102356 RESOLUTION RE: ADOPTION OF AMENDMENTS TO THE WELD COUNTY SUBDIVISION REGULATIONS vo WHEREAS , the Board of County Commissioners of Weld County, 0 Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the 0 3 EC affairs of Weld County, Colorado, and y ix WHEREAS , the Board of County Commissioners held a public -.. ,r hearing on the 16th day of August, 1982 , at the hour of 10 : 00 :r o'clock a. m. in the Chafiters of the Board for the purpose of considering 4 caw the adoption of amendments to the Weld County Subdivision Regulations, w J o z and a)i- WHEREAS the proposed amendments to the Subdivision Regulations ix w as approved by the Planning Commission on July 6 , 1982 , were studied by the Board of County Commissioners , and z ., z ,.- c WHEREAS, the Board of County Commissioners deems it advisable w z to approve the proposed amendments to the Subdivision Regulations ,V: _r as described in the attached Exhibit "A" , incorporated herein and 0 — made a part hereof by reference. Li. NOW, THEREFORE , BE IT RESOLVED by the Board of County Commissioners that the amendments to the Weld County Subdivision Regulations, as attached hereto, be and hereby are, adopted. The above and foregoing Resolution was , on motion duly made a seconded, adopted by the following vote on the 25th day of August, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sri 7. 2i/,9./1a- rtin, irmn„ (ah '• (/A/f-- - D huck Carlson, Pro Tem ATTESTc Norman Calrson Weld County Clerk and Recorder and Clerk to th Boa d l g x I tt \ C. W. Kirby Deputy County - erk EXCUSED AdPRO D AS TO FORM: June K. Steinmark Clic(71.��-- o County Attorney LHR245 DATE PRESENTED: AUGUST 30 , 1982 820035 PL-cc;AR EXHIBIT "A" i C Add a new section: 2-31 Minor Subdivisions A reduced subdivision procedure for a tract of land being divided into no more than six (6) total lots. O• B o Amend as follows: 3-5 Mobile Home Parks 0 Each mobile home park application shall be submitted as a Planned Unit j Development, and shall comply with SECTION [12-2] XUUB. New Section: w• (-3 3-6 Minor Subdivision o z Subdividers shall submit required material as included under SECTION 12-3. The process includes a review by both the Planning Commission o and Board but requires only a Sketch Plan and Plat applications. Design standards of these regulations are applicable to this = v; w procedures. Review criteria shall be the same as for any subdivision m :" ,.-.a request. ^ z z 6-4 Resubdivision Procedures Delete Sections 6-4 A. , B. , and C. • z o w Replace with new Sections A. , B. , C. , D. , and E. to read: a A. For any change in a map of an approved or recorded subdivision ;t— 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 stret 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 except that changes only affecting lot lines and which do not create additional parcels or affect public rights-of-way for street or drainage purposes shall utilize Section 6-4 B below. B. Requests for changes to lot lines which do not create additional lots or affect public rights-of-way for street or drainage purposes require the following procedure: (1) Submittal requirements: (a) An application for as prescribed and furnished by the Department of Planning Services. (b) 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 1 legal instrument should include a complete and accurate 0 legal description of the property. r c (c) A Utility Service Statement with signatures of representatives of each municipality or utility company involved to verify that existing and proposed easement designes are adequate for the respective utilities if ;, the lot line(s) being relocated affect an easement for ' w utilities. a re (d) A letter of explanation detailing the situation indicating the reason(s) why the request for the resubdivision or vacation has been made. The letter 4.6 should address the revisions or vacation being s requested as compared to the previously recorded plat. (e) A copy of the existing recorded plat. .o z (f) A map of either 8?" X 14" or 24" X 36" in size (a map prepared on the 24" X 36" size must be accompanied by 6 o copies) prepared in accordance with the applicable requirements of Sections 6-1 and 6-2 of these riw Subdivision Regulations. The Director of the Department of Planning Services may waive any .k z non-applicable requirements. s (2) Review Procedure. o rr (a) Upon determination that an application is complete, the Department of Planning Services shall place the request ti on the first available scheduled Planning Commission meeting. (b) In the event that a utility easement is affected, the Department of Planning Services shall first place the matter for review on the first available Utilities Review Advisory Committee meeting before presenting the request to the Planning Commission. (c) The Board shall review the request within ten (10) days of the Planning Commission action. If the Board determines the request complies with the applicable requirements of those regulations, they shall endorse on the plat in the space provided. (d) The map shall be recorded as provided in Section 6-3E of these Subdivision Regulations. C. Requests for resubdivision for the purpose of redesign, addition of new lots, or vacation of all or portions of a subdivision shall be subject to the resubdivision submittal requirements of the 6-4D below. These revisions shall be submitted to the Planning Commission and Board of County Commissioners for their 2 u^^: - V 0 review. The request shall be reviewed in accordance with Section 6-3 of these regulations. v w D. The applicant shall submit to the Office of the Department of 3 Planning Services the following items with the appropriate fee • r for a request for a resubdivision or vacation in the w unincorporated area of Weld County, Colorado: rr 0 (1) An applicant form as prescribed and furnished by the N Department of Planning Services. c Y (2) A copy of a deed, purchase contract, or other legal s instrument indicating that the applicant has interest in said property. The deed, purchase contract, or legal Mci instrument should include a complete and accurate legal z description of the property. cc '- (3) 12 copies of a plat showing the existing lot divisions and a :. re the proposed lot changes in accordance with the Final Plat v drawing requirements of Section 6. 1.B. of the Subdivision u Regulations. z (4) A Utility Service Statement with signatures of - c representatives of each municipality or utility company involved to verify that existing and proposed easement '-' '- designs are adequate for the respective utilities. ,o x (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 y 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. (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. 3 ren (8) A certified list of the names and addresses of mineral owners and lessees of mineral owners having an interest in v the property which is the submect 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 c _ Recorder's Office and as their most recent addresses may 3 appear in the telephone directory or other directory of 0 ix general use in the area of the property or on the tax a records of the County. .y O (9) Any other information determined to be necessary by the Department of Planning Services that will aid in helping the In Planning Commission and the Board of County Commissioners make a decision. re r Y E. Any such resubdivision shall be approved if it complies with the requirements of this Section 6-4 and other adopted rules, u z regulations and ordinances currently in force and affecting the land and its development in the County except that: P (1) No lot or parcel of land shall be created that is less than W the minimum requirements for area or dimension as r i established by these regulations or other applicable raMiLL. ordinances; 0 z z c (2) Drainage easements or rights-of-way reserved for drainage shall not be changed unless supported by complete -' '= engineering data; and xz ,o r (3) The plat shall not be altered in any way which will adversely affect the character of the plat filed. x SECTION 9 RULES AND REGULATIONS FROM EXEMPTIONS 9-2 E (1) : replace (k) with the following: (k) That the proposed lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. Add a new Section 9-2 B. (5) to read: (5) No lot which is part of an approved or recorded subdivision or any map or plan filed in the records of the Weld County Clerk and Recorder prior to adoption of any regulations controlling subdivisions, or part of any Minor Subdivision, shall be redivided or changed in any manner by the Recorded Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as applicable) of these Regulations. Add a new Section 9-3 B. (3) to read: 4 (3) No lot which is part of an approved subdivision plat or any map or plan filed in the records of the Weld County Clerk and Recorder prior to adoption of any regulations in O controlling subdivisions, or part of any Minor Subdivision, J shall be redivided or changed in any manner by the Subdivision Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as applicable) of these Regulations. ow 0: ill 4 re Li N. CC rYj r •� re :C Li G Z rf; ti ;v rz S rr: Z W a CC C 0 ct C0 LL 5 SECTION 11 IMPROVEMENTS AGREEMENT _r a 11-1 Contract 0 ,"ti c No Final Plat shall be approved by the Board until the subdivider has 0 submitted a Subdivision Improvement Agreement or a contract approved a by the Board agreeing to construct the required improvements as shown in plans, plats, and supporting documents. [Any such Agreement or 3 contract shall be made in conformance with the Weld County Policy on ce Collateral for Agreements. ] ;aw 11-1 Contract ti No Final Plat shall be approved by the Board until the subdivider has submitted a Subdivision Improvement Agreement or a contract approved by the Board agreeing to construct the required improvements as shown in plans, plats, and supporting documents. Any such Agreement or contract shall be made in conformance with the Weld County Policy on Collateral for Agreements. z Delete 11-2 and 11-3 0re Li ,0 = � y c't z az Y- ¢ v Li c V ^d 6 r. 0 SECTION 12 VARIANCES Y Renumber 12 A to 12-1 and 12 B to 12-2 6 Add New Section: 0 '='' 12-3 Minor Subdivisions `i A. Intent rr o The intent in establishing the Minor Subdivision Procedure is to provide a reduced scale process for land developments which will have a minimum impact. A maximum of six (6) lots can be created through this procedure. Such developments shall only be permitted when they are compatible with the surrounding area and cc uses; are not inconsistent with efficient and orderly ! development; are consistent with the Weld County Comprehensive Plan; and are consistent with provisions of the Weld County Zoning Ordinance. v w o B. General LL -0 = (1) Any lot having been created through the Minor Subdivision u; : Procedure cannot be further divided by another Minor ^ z Subdivision or Recorded Exemption, nor can such a lot be a z amended by a Subdivision Exemption. (2) No lot which is part of an approved or recorded subdivision W ¢ plat or any map or plan filed in the records of the Weld County Clerk and Recorder prior to adoption of any "cc', regulations controlling subdivisions, shall be redivided or YA ca changed in any manner by the Minor Subdivision procedure. Any such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 of these regulations. (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 Minor Subdivision shall be considered complete until the plat, required pursuant to SECTION 12-3, has been submitted to the Weld County Clerk and Recorder in accordance with SECTION 12-3. C. Sketch Plan Submission SECTION 4 of these Subdivision Regulations shall be utilized for the Minor Subdivision sketch plan review. D. Platting Submission The Minor Subdivision combines the normal Preliminary and Final plat processes as described below: 7 =� v (1) The following information shall be submitted on forms provided by the Department of Planning Services. J (a) Name, address, and telephone number of the applicant(s) . ow 3 (b) Name and address of the fee owner(s) of the property 0 C proposed for the Minor Subdivision, if different from flu p above. CC L.) (c) Legal description of the property under consideration. (d) Total acreage of the original parcel under consideration. (e) Approximate acreage of the proposed parcels. Mr c z (f) Signatures of the applicant and fee owner(s) or their y authorized legal agent. w O (2) Written and Supportive Information LL! (a) A summary of the application including total area, re; :_ number of lots, proposed water and sewage systems, road z and accesses to be utilized, and an estimate of construction costs and methods to finance them. v WT (b) Statements from utility companies regarding capability to serve the proposed lots. A utility plan should be .c K prepared to illustrate proposed easements. Utilities to be included are: water, sewer, electric, gas, 0▪ r telephone, fire district (as applicable) . a.- :S. (c) A soil and geological investigation report (prepared by a professional engineer/geologist) regarding the suitability of the area for the proposed development. In those cases where a development proposes on site water or sewer, the report shall include appropriate information to determine acceptability for on-site systems. (d) A drainage plan which indicates existing or proposed water courses and storm water run off patterns which will result from the proposed development. If required by the County Engineer, a detailed engineering report shall be prepared by a qualified professional engineer. (e) A copy of a certificate of title as required in SECTION 6-2B of these regulations. (f) Where applicable, a copy of agreements signed by agricultural ditch companies specifying the agreed upon treatment of the ditch including fencing as provided in SECTION 8-12 of these regulations. 8 (g) Certificate from the County Treasurer showing no delinquent taxes. ry 0 (h) Where applicable, an Improvements Agreement or Contract (made in conformance with the Weld County Policy on 0 t Collateral for Agreements) shall be submitted agreeing a to construct required improvements. Improvements to be included are as listed in SECTION 10 of these Subdivision Regulations. 0 .-r- €1,t. (i) A copy of deed,apurchase contract, or other legal instrument indicating that the applicant has interest o in said property. The legal instrument used should include a complete and accurate legal description of ^ the property. (j) A copy of deed restrictions or covenants which govern u the future use of the lots and any common land. _I Vz (k) Monument record for required benchmark, and closure sheets for the entire tract included in the plat and r for each block in said tract. Y (1) A certified list of names and addresses as required in SECTIONS 5-2G and 5-2H of these regulations. M _ ^{ z (m) 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 L s as set forth in this SECTION 12-3, and these L Subdivision Regulations. The burden of proof shall be v on the subdivider to show compliance with this SECTION ^- a 12-3. (3) The following information shall be submitted in map form. Dimensions of the map to be eight and one-half (81/2) inches by eleven (11) inches or eight and one-half (81 ) inches by fourteen (14) inches. A map 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; proposed drainage features; 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 Minor Subdivision 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 9 the lots shall comply with those lots described or shown pursuant to 12-3 D, et seq. above. (a) The plat shall be prepared by a registered land a surveyor in the State of Colorado. ow 03 (b) The plat shall be prepared on 1 or more 0•, ',mss_, consecutively numbered sheets measuring 81" X 14" e or 24" X 36". It shall be drawn on waterproof linen or mylar in ink. 0 w (c) The plat shall be titled, "Minor Subdivision No. " (the appropriate number to be filled in by the Planning Department) . (d) The plat and legal description shall include all w u contiguous land owned by the applicant. cz (e) The plat shall include a complete and accurate wlegal description of the parcel of land and its o = acreage. In Ili LL 01 (f) The plat shall include a vicinity sketch locating z z the tract with respect to roads and other major ti land features. (g) The plat shall include an accurate drawing of the tract and the proposed division of lots. This adrawing shall include bearings, lengths and curve data of all perimeter and lot lines. The lots shall be designated and the acreage of each given. Existing or proposed to be dedicated 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 include any utility, ditch, or drainage easements required. (i) The plat shall show any areas restricted for building due to drainage, soil, or geological limitations. (j) The plat shall bear the certifications as required under Section 6-2 N. of these regulations. E. Duties of the Department of Planning Services The Weld County Department of Planning Services shall be responsible for processing all applications for Minor Subdivisions. The Department shall also have the responsibility 10 0 3 0 of ensuring that all application submittal requirements are met N o prior to initiating any official action as listed below. i.) a (1) The Department of Planning Services shall review the ow sketch plan as set forth in Section 4-1 C. of these regulations. p rr J (2) The Department of Planning Services, upon receipt of a platting request shall: i•i (a) Set a Planning Commission hearing date not more than forty-five (45) days after the complete application has been submitted. ;x cd - (b) Refer the application to the following agencies, w = when applicable, for their review and comment. z The agencies named shall respond within u; thirty-five (35) days after the mailing of the , application by the Department of Planning Services. The failure of any agency to respond within thirty-five (35) days may be deemed to be a nal favorable response. The reviews and comments ci solicited by Weld County are intended to provide the County with information about the proposed r = Recorded Exemption. The Board may consider all such reviews and comments and may solicit 0. ex woo additional information if such information is Z deemed necessary. The reviews and comments cc submitted by a referral agency are recommendations to the County. The authority and responsibility o r for making the decision to approve or deny the 'LL request rests with the Board. Review agencies shall include: 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. - Weld County Department of Health Services. - Weld County Department of Engineering Services. - Colorado State Department of Highways. - Colorado State Engineer, Division of Water Resources. - Any irrigation ditch company with facilities on or adjacent to the parcel under consideration. 11 , a c. - Colorado Geological Survey. v - Any other agencies or individuals whose review the Department of Planning Services, or the Board of County Commissioners deem y necessary. 3 .r ;_ (c) Notice shall be published once in a local r newspaper of general circulation in the area where o the land is located at least ten (10) days prior to the Planning Commission Hearing. in (d) 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 N (500) feet of the property under consideration. OD ', The source of the ownership information will be 0 z from the submitted list required in Section _t 12-3D(2) (1) . Such notification shall be mailed, first class, not less than ten (10) days before .v re the scheduled hearing. Such notice is not required by Colorado State Statute and is provided w as a courtesy to surrounding property owners. to L-4 Inadvertant errors by the applicant in supplying z 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 Z notification. -ON- c (e) 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 12-3D(2) (1). Such notification shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. (f) Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Comprehensive Plan, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Section 12-3. (g) Schedule a meeting for the Board within ten (10) days of the Planning Commission's action. (h) Submit to the Board for review any plat required under 12-3 D (4) of this Section 9 which does not comply with the approved Recorded Exemption. 12 U c 0 (i) Submit to the Weld County Clerk and Recorder, for recording, plats of approved actions required in 12-3 D (4) above. w 3 F. Approval or Disapproval - Planning Commission a tw a The Minor Subdivision shall be reviewed by the Planning Commission in accordance with Section 5-4 A of these regulations. :“ The decision shall be made within twenty-one (21) days of the review unless otherwise agreed to by the applicant. v: G. Approval of Disapproval - Board w 1. The Board of County Commissioners shall hold a public ?fl ' hearing within ten (10) days of the Planning Commission's 3 action to consider the application and to take final action thereon. In making a decision on the proposed Minor Subdivision, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services s z case file, the Board of County Commissioners shall approve v z the request for the Minor Subdivision unless it finds that `i the applicant has not met one or more of the standards of this Section 12-3. The applicant has the burden of proof to c.) x show that the standards and conditions of Section 12-3 are r met. v u 2. The Board's review shall be guided by the requirements of Section 5-4 A of these regulations. 3. When applicable, no Minor Subdivision shall be approved by the Board until the applicant has submitted and the Board approves an Improvements Agreement or a contract agreeing to construct the required improvements. Any such Agreement or contract shall be made in conformance with the Weld County Policy on Collateral for Agreements. 4. 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 12-3 D (4) et. seq. , when it finds the plat in conformance with an approved Minor Subdivision. H. Correction to a Minor Subdivision 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 Minor Subdivision 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. 13 I. Amendments rC: C Any change to a previously approved Minor Subdivision which is r not a "Correction" as defined in 12-3H above shall follow the procedures of Section 6-4. 0 3 0 0 Cr: * re rtpj LN +- Y wCJ uz it v 47 CX `n W. K: oz v z r1C C Z i c. r.. q. aN x _y 14 Docket No. 82-41 NOTICE OF PUBLIC HEARING The Board of County Commissioners will conduct a public hearing at 10:00 A.M. on Monday, August 16, 1982, 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: Section 2-31 - defines the minor subdivision procedure; Section 3-5 - revises a section number; Section 3-6 - establishes general procedure for minor subdivisions; Section 6-4 - Resubdivision - revises existing procedures for resubdivision including a reduced process for lot line changes; Sections 9-2E(1 )(k) , 9-26(5) , 9-3B(3) - references minor subdivision relationship with recorded exemptions; Sections 11-1 , 11-2, 11-3 - incorporate County Collateral Policy and eliminates unnecessary sections; and Section 12 - Variances - renumbers existing sections and establishes procedures for a minor subdivision which is usable for developments with six (6) or fewer lots. All persons in any manner interested in the propose amendments to the Weld County Subdivison Regulations are requested to attend and may be heard. Materials pertaining to 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, Monday through Friday, 9:00 A.M. to 5:00 P.M. 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: June 23, 1982 PUBLISHED: July 15, 1982 and August 5, 1982 in the LaSalle Leader AFFIDAVIT OF PUBLICATION FARMER AND MINER County of Weld ) State of Colorado ) ss I Ruth G. Lehman NQTIC/ wSUCI4A■INO solemnly swear that THE FARMER AND MINER is a weekly do The Nedpcwnty r•Ae= .MMMiIWte q:op A.M.first �r.R1.1' wYIML u, .tna Cpumv newspaper which is published in the County of Weld, State of anara' heat room, Orm f my Centennial Center, Colorado, and which has general circulation therein; that said 91.1 Conley,Coeradu, tar newspaper has been published continuously and uniterruptedly in Weld onsidering followi said County of Weld for a period of more than fifty-two consecutive div coCounty n 241— Regulations: 4+�tithe minor sub- division Procedural weeks next prior to the first publication of the annexed legal notice Sectional—revises asecNon number; Section am—esteb idea^peneral pro- or advertisement; that said newspaper has been admitted to the Xmensa—Refuminsion United Sates mails as second-class matter under the provisions — revidesexisting procedures for resubcOVISioilrkKWdiny a reduced pro- of the Act of March 3, 1879, or any amendments thereto, and that cess MOM linernanpefr said newspaper is a weekly newspaper duly qualified for pub- 5a refa9'EDn ehr'subdivision nri —references minor wmptionen rels TIa Sections reoxhdsxemptions; lishing legal notices and advertisements within the meaning of -::Secnonanporate, - incorporate County Collateral the laws of the State of Colorado. pWicy and eliminates unnecessary se Aloes:and , That the annexed legal notice or advertisement was published Sentient?—Variances • —remnant milting a ant establishes procedures fana miner er ve- n the regular and entire editions of said dffi pt Jan KaRiM 1st viable for g lgy newspaper once each mwil;p,,,.�t,laKleixtdprr erstid. *II Wages in ant manner Mte steel In ile-alodaaed NrnandMestS to Ian Weld week on the same day of each week for the period of 14dy Rdsd en R.durtlRe pe`e' entett tie so Ina pficeIn aRcMmeneBaNmlpli Cl publicrkSo he eaaarisn In 11N office i Re Clerk So the consecutive insertions; and that the first publication of said notice a cal soReRNuane+.ded WNd CMre CMMmial Cobra n- Jul 1 S1Mn d+rrt Granny,E4-M1 Mnm was in the issue of said newspaper dated tY PA.- f A..INaYale POEM.}•arAJR. ,isoo 07410 EOMMISSION=RR 8 2 WELDCOUNTY,COtARAb0 19 and that the last publication of said notice was in the EY:MARY ANN FEUERSFEIN COUNTY CLERK AND RECORDER MID CLERKMPTNEROARO issue of said newspaper dated July1 82 sv:Salt F.owDWwy 19 DATED:fungal: a -rr� Published In the Farmer end Miner July Cc-c/'�tr.. 2ti14-1.) L 19ea Business Manager Subscribed and sworn to before me this 1s t day of July 19 82 • My Commission Expires 'S No i �iblicC ' c FEE $ 14.88 Z. H4, 7(per NOTARY O-2 MY COMMISSION EXPIRES DECI.MIWR i6, 1915 717 - nth AVENUE y) n C. LONGMO Nitro C\O0Li P COLORADO 501 1 3-1300-02 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 clerk 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) (toga* that the notice was published in the "" ' itT. `,ratl `' regular and entire issue of every number of said newspaper during the period and time of publication of A.M.enMend* t13; in the County Cotnra.�la !{IAN) said notice, and in the newspaper proper and not in a 1int Nor, CeniK, MAO*As EgelWr COI' supplement thereof; that the first publication of said tirade, br tm at ConswrinF re= sa dvan z notice was contained in the issue of said newspaper Pena; bearing date Section 2-a) defines fin minor ruWwfelon anaar«t Section li-reyas *section number,. , Third Section 3-i eNeb$loe general pre. aduntfor MSrSubdwaions: ` day of July A.D. 19 82 ' Sects rM— t 1 1" rea for —mail. rnab►watNi ,rwauw g naked and the last publication thereof; in the issue of said We[ay to loth clang..; Sectlayl-SE(1)rMLF'IR(S)ASO1l1 newspaper bearing date the iNNnm- 1ere, hl reordedaullos mm n. Dom Third Sections It-1,11-3,1)4 -Inaerporfl County Collateral Pe11ty end eitmlletn unnecessary day of July A.D. 19 82 ; """—Y that said The Greeley Daily Tribune and The Greeley 1a°g1r Republican, has been published continuously and N1e ta!'ortawer uninterruptedly during the period of at least six months next prior to the first issue thereof contained At1 ";nanaer a a: 1�' paa� said notice or advertisement above referred to;that said . In ¢ n.kapve�lbtw newspaper has been admitted to the United States e spbtN; mails as second-class matter under the provisions of the �n Act of March 3, 1879, or any amendments thereof; and lty, Col that said newspaper is a daily newspaper duly qualified first"; li twi `00 for publishing legal notices and advertisements within sa I the meaning of the laws of the State of Colorado. WEaticiu Y,GOLGRADO DT:MARY,ANN F EYE!STEIN July 3, 1982 COUNTY Cid AND RECORDER AINC RE •THE BOARD Total charge: $16.82 \� )X, , C.,-r._. C \ . .ry_ ,.., Advertising Clerk Subscribed and sworn to before me this 3rd d July A.D. 19 82 My co issio expire e - " Notary Public LEGAL NOTICE INVOICE BRIGHTON NEWSPAPERS 139 N. Main Street N. 2804 Brighton, Colorado 80601 Phone 659-1141 • County of Weld-Legals • Board of County Commissioners Box 758 • July 7, 28 19 82 Greeley, Colorado 80631 ZONE NUMBER 63 PHONE _____659-1141 ACCOUNT NUMBER LEGAL NOTICE 903179 IDENTIFICATION Public Hearing #82-41 DATE LINES RATE NEWSPAPER Brighton Blade AMOUNT • 7/782 53 . 29 15.37 NOTICE OF PUBLIC NEARING ' Docket No.82:11 The Board of County Commissioners will conduct a public beefing at 10:00 A.M.on Monday.August 18,1982,In the County CommWioners' hearing..room, first floor,Weld County Centennial Cen- ter, 915 10th Street,Greeley,Colorado, for the papas of bpasidedrIg thaiiollow- ldg proposals u ,rnendment. Me Wald County SubdNWon Repulkoit Section 241—deNdaa toe mnor la- Oakes procedure; .. • - ) • Section 3.5. —. revise a -sections number; Season 3.6—establishes general pro- cedure for minor subdivisions; Salon 8.4—Resubdlveion—realties existing procedures for resubdMalon in- cluding a reduced process for Nt NM Changes; Salons 9-2E(1 1k).9-28156 9-3B(3)— references minor subdivision relationship with recorded exemptions; • Salons 11-1, 11-2, 11-3 — in- .. conSele County Collateral Policy and lmMtes unnecessary sections and • 'IT WI_L BE. Section 12—Variances—renumbers existing sections end establishes pro- OF 'O,4YME r; cedar for a minor subdivision which is 4.r' ueoea for developments with six(6)or fewer bb. Ati persona a any manner interested in the propose amendments to the Weld County 8ugdlvislon Regulations are re- TOTAL AMOUNT DUE quested to attend and maybe heard. 15. 37 Materials pertaining to the proposed TO IN SU RE PROPER CRE DI T,PLEASE RE TI emendmenteareaveilablebrpublicln- REM I T T A NC TO CENTRAL ACCOUNTING.THANK YOU. Board o Ip the County Cs omhe olers, third • _.. Board of County 1C na,,atThgr ., third _-- vy«t et, re w colored o,Mon- day throh ugh Friday,,Greeley.9:00 A.M.Colorado.5:00 Pay through AM. to 5:00 P.M. BOARD OF COUNTY COUNTY, COLORADO COMMISSIONERS COLORADO BY: LER ANN FRECO EIR COUNTY CLERK AND RECORDER D AND CLERK M. Forme, BOARD BY: 3,Bate1982 M.Foose,Deputy DATED:June 2B, F First Pulti Inion Brighton y 18lade Publication JUIy 7,1982 AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado ) County of Boulder ) SS 1, Ru.t.h...G... .L.eh.man do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in Docket No.82-11 the City of Longmont, County of Boulder, State of Colorado, NOTICE OF Walt NEARING and which has general circulation therein and in parts of Boulder The Board of County Commissioners will conduct a public hearing at 10:00 A.M:on and Weld Counties; that said newspaper has been continuously Monday,August 1a,-1982 in the County Commissions' hearing room,`first and uninterruptedly published for a period of more than six months floor, Weld County Centennial Center, 915 10th Street,'Greeley, Colorado,for next prior to the first publication of the annexed legal notice the purposeet considering the following proposals as amendments to the Weld of advertisement, that said newspaper has been admitted to the County Subdivision ub ii IeionR— egulati Regulations: sub. United States mails as second-class matter under the provisions I, divisionprocedure; Section 3.5—revlsesa sectlon'number; of the Act of March 3, 1879, or any amendments thereof, and . Section}a—establishesgeneralpro- cedureforminorsubdlvbions;.-. that said newspaper is a daily newspaper duly qualified for publishing Se`Orpa-4—ses esubd ivlsiocedurea for legal notices and advertisements within the meaning of the laws cnamrbt�onenncl pet,a reduced pro- • of the State of Colorado; that copies of each number of said 5KNr0Mnaer9 E02 ences t,,928(5or iaa3mirela newspaper, in which said notice or advertisement was published, ti nshlpwithhrec r dexemptions; were transmitted by mail or carrier to each of the subscribers — Incorporate nd eliminates County Collate eral of said newspaper, according to the accustomed mode of business t Section ]—V£Nancas in this office. — renumbers existing 'tritons and establishes procedures for a minor sub- division which is usable for That the annexed legal notice or advertisement was published devetepawilaewfNwEetorf. ..LS5:—n- All personM any manner interested in -. the proposed amendments to the Weld- in the regular and entire editions of said daily newspaper oxOwXOOXIX County Subdivision Regulations are re- quested toattend and may be heard. Materials pertaining to the proposed amendments are available for public In-tge)1 X 1pxtiaa 7aX X%1XNC 0280EXIONraeek for the period of 1 Board of CountpyilCom Commissioners,the errs third flpor, Weld;County Centennial Center, 915 10th Street,Greeley,Colored%,Mon- day through Friday,9:00 A.M. to 5:00' consecutive insertions; and that the first publication of said notice BOARD OF COUNTY COMMISSIONERS qq WELD COUNTY,COLORADO was in the issue of said newspaper dated ....J.u.I Y 1.7 BY:MARYANNFEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY:Bette M.Foos*,Deputy 19.8.2 , and that the last publication of said notice was in DATED:June Zb 1982 publiehed in the Deily Times-Call;Long- mont,Cob. the issue of said newspaper dated J U I Y 19 , 19 82 auIy I,1N8 Business Manager Subscribed and sworn to before me this 15 t day of July 19 8Z My Commi io xpires Notary Public 15.43 </ tAa FEE c. P° a 'L. MY COMMISSION EXPIRES Iii lti7 P FEBRLARY a,1985 ]17.-40,40,AVENUE OO l': ADBIA, COLOKAPRADJ ££0501 1-1300-02 I t (re:: -77"7,-2--- L S2 _ :C'; OF RECo:Y1II;✓A 1CJN TO THE BOARD OF C92::T`' C.1M:cSiO:FS Case No. CUP _ None ;ate July 6, 1982 APPLICAJI ON OF Weld County Planning Commission Ac9sS . 915 10th Street - Room 342, Greeley, Colorado 60631 M ved by Bette Kountzthat the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Flanning Commission that the a:plication for Amendments to th _Weld _County Subdivsion_Regulations covering the following described property in Weld County, Colorado, to-wit: be recommended (favorably) (NNTXRPOW1g to the Board of County Commissioners for the following reasons: The Weld County Planning Commission recommends approval of the proposed amendments to the Weld County Subdivision Regulations for the following reasons: - The proposed changes involve two basic functions. First, a reduced replatting procedure and second, a reduced subdivision procedure. A third area is providing coordination with a County policy regarding collateral for improvements. All of these areas are intended to make a more flexible regulatory process while staying consistent with County responsibilities provided by statute and the Weld County Comprehensive Plan. Notion seconded by Wilbur Wafel Vote: For Passage Wilbur Wafel Against Passage Bette Kountz Ed Reichert Bill Diehl 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 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 July 6, 1982 and re- corded in Book No . VIII of the proceedings of the said Planning Commission . Dated the 7th day of July 19 82 Secretary - The replatting addition provides an accelerated process for changing of lot lines. This has shown to be a common problem in former platted towns where lots are small and combining lots is often required: - The new "Minor Subdivision" provides a reduced process for small developments. While utilities, drainage, geologic conditions, and roads are considered, the submittal and reviewing process are significantly reduced. - The collateral policy has been requested by the Board in order to better deal with public improvements guarantees. It is appropriate to make reference to that policy in the regulation. i • :W + i it € 8 is € , tee t w112 W 1 el 'l� > w L ' >� p MRi,'.+=6. •y�O1 kla 2-is L: '2 4'1'120 ' WWWW { .�1i} � ; dill { 1 i_ l I fI is k IIIWI ! P E+w C< °f S•WwW° Stitt • > ,� ,F ,. W3 M E i.� � . z . .,Iaa, rc I 0 ;ism st �II 1 k3:k Ly 1rw L. .e; ' k< *. s < Flaw 9E1Eo dS o S o m s ° „o H « w m 3 .°. « o w ° « o 3 a Q a o A 4 E o r o a m w a Y v m .. c 3 U Vi c <C Cd C mw .a r. £ M .° w uC O ki $ m9dV7,3 y .qb m `y C m m ta� 0) 0 W a G v w d m .t+ ° ° °, q ° d y m c a > y « ° v m N m i. d m c °° a « ; d �.. it ` w c m 3 m"' .O W 7 _. o ai i ° ..n/W ma' m E P o ° .O 'JO > '« ° c h d X = J T E Z V Y X d '` N A 4+ ; G g p °a' , c t ^ m ° O ° 'mO 'O u Y ° rw \ 1 F c c ,° 5,., - .. ...- Y. m Q 6 ° 0 0p Y O o d g F t O O (1 J P >. G c`=',, E . .., to o m m 4 O G m ° m d m Is.' ` C d A v, 0 Cc a a r,1 r ° O .. .. �[+ ' '° o .5 m c i c 3 E ° '.- c u c d s t_, a �O a u oc m 47: ° O 0 c, °' . oisy .1 .1) s ° ° aec " `o a $ � ` d O o 3 E w ^ E U .c o a v :° m - E i m m c r. v c ❑ .c c y .r". m 7C C1 a a ° a N O a 3 u c c 4 w A 3 c L o C 00 " r Em ° ° = u .. u 9 °. g m-" 9 m en = w Q 1 U 90 m ..°. m m- w m a a, E bp d E a .. « a '° v » I `� '..7�iw,. 2-. c r f-i i- t o 6. ° «:� ,o °i ° E 5 g' g o m' . o 9N r. °', m .c C>0' c N O or f,'. m � .v ,o {7.. 3GuoP a+ c9ir. r mab ov c \`c Il" c .` C a >, `c ° gs c L r a m 'o m a c .°c m y v _ c °, O a o a.m r O m C : L C 6 J C m d C ° .r G op, m en s 3 _ - .- U .- E J o aa .^ 3e, nm ., ¢ m ^ AFFIDAVIT OF PUBLICATION STATE OF COLORADO, County of Morgan. ss. --- Fern---H. Spence-r ' SS , wawna being of lawful age and first duly sworn on his oath, *� -* ••. states that he is the Circulation Mgr. of re The Fort Morgan Times; that The Fort Morgan Times ! ' ' is a daily newspaper of general circulation and printed and published in the City of Fort Morgan in the County r+ r { ,=. MIME � of Morgan, State of Colorado; that said daily newspaper preaed=ru; has been published in said Morgan County, Colorado, Soceorms—rz.-. M n�bx; uninterruptedly and continuously during the period of at --b . i Orxedid'e for least twelve months next prior to the first issue thereof -'t*tW Repa4tet for np�glvWm containing the annexed Ot:?.Ce of _Public_ ♦ � �nem Hearin r�*tmo.eb giNo. 82-41 _ with sxtlo=ua, —> �ate Cpl ' Collateral Policy and . S*cNunu—v' that said daily newspaper is a daily newspaper and —renumber* expo=... 4Webee qualified for that purpose within the meaning of the Act m, !*t 'WMkllba'BNBWB'Insane of the General Assembly of the State of Colorado, ap- ,w *&<q*rtewe lots. proved March 30, 1923, and entitled, "An Act to amend omr�ool=oo*P.d ermit manner m t Wald d In the g*tu Sub - an Act entitled 'An Act concerning legal notices, adver- mm ntr,imb6b d *`sn oa requested to attend am tisements and publications and the fees of printers and y. publishers thereof, and to repeal all acts and parts of aroanw itspµj litho ottani(the nniatiments acts in conflict with the provisions of this act,'" being f� 2 tCanty Cam,mby Section 1 to 10 inclusive pages 404 to 409 inclusive of fle, Cree*brial CeMee, fa ioW Chapter 139 (pertaining to legal notices and advertise- ments) of the Session Laws of the State of Colorado for 1923, as amended by Chapter 113, Session Laws 1931; BY:MARY ANNlebJEBN'BiN that the annexed Notice of Eublic__ commas=meMCCOMB ANDC BRit TOTI ESOABD Hearing DArat at aawrareaanopuey was published in the regular daily and entire issue of • S r ml fart _ said daily newspaper on _Monday of each - - -- - successive da for a period of 1 insertion3 that the first publication of said ...liati-ce. was in the regular daily issue of said daily newspaper dated June_28 1982 and the last publication thereof was in the daily issue of said newspaper dated , 19_..-_. / kD IN WITNESS WHEREOF, I have hereunto set my hand this 28thda of E , 19..$2 , , -- 7 ,. ,k.ey ii. Circulation ggr._-.._-___ STATE OF COLORADO, County of Morgan ss. Subscribed and sworn to before me, Robert W. Spencer a Notary Public in and for the County and State afore- said by ---_Fern Hs.__S-ge.n°er this _-_28.tlaay of ,Iona. , A.D. 191$2 My commis expires February 11._1,985 Notary Public Greeley, Colorado from the Office of THE BOARD OF COUNTY COMMISSIONERS June 24 , 1982 WELD COUNTY, COLORADO Publisher: Please insert the enclosed notice in your XXXXXXX###XXAN # aX next issue , 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, Docket No. 82-40 THE BOARD OF COUNTY COMMISSIONERS Docket No. 82-41 WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing at 1:30 p.m. on Tuesday, July 6, 1982, in the County Commissioners ' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of considering the following proposals as amendments to the Weld County Subdivision Regulations: Section 2-31 - defines the minor subdivision procedure; Section 3-5 - revises a section number; Section 3-6 - establishes general procedure for minor subdivisions; Section 6-4 Resubdivision - revises existing procedures for resubdivision including a reduced process for lot line changes ; Sections 9-2E(1)(k) , 9-26(5) , 9-3B(3) - references minor subdivision relationship with recorded exemptions; Sections 11-1, 11-2 , 11-3 - incorporate County Collateral Policy and eliminates unnecessary sections; and Section 12 Variances - renumbers existing sections and establishes procedures for a minor subdivision which is usable for developments with six (6) or fewer lots. 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 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 LaSalle Leader To be published one (1) time by June 24, 1982 (publication date) Received by: Date: Add a new section: 2-31 Minor Subdivisions A reduced subdivision procedure for a tract of land being divided into no more than six (6) total lots. Amend as follows: 3-5 Mobile Home Parks Each mobile home park application shall be submitted as a Planned Unit Development, and shall comply with SECTION [12-2] 1174. New Section: 3-6 Minor Subdivision Subdividers shall submit required material as included under SECTION 12-3. The process includes a review by both the Planning Commission and Board but requires only a Sketch Plan and Plat applications. Design standards of these regulations are applicable to this procedures. Review criteria shall be the same as for any subdivision request. 6-4 Resubdivision Procedures Delete Sections 6-4 A. , B. , and C. Replace with new Sections A. , B. , C. , D. , and E. to read: 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 stret 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 except that changes only affecting lot lines and which do not create additional parcels or affect public rights-of-way for street or drainage purposes shall utilize Section 6-4 B below. B. Requests for changes to lot lines which do not create additional lots or affect public rights-of-way for street or drainage purposes require the following procedure: (1) Submittal requirements: (a) An application for as prescribed and furnished by the Department of Planning Services. (b) 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 1 legal instrument should include a complete and accurate legal description of the property. (c) A Utility Service Statement with signatures of representatives of each municipality or utility company involved to verify that existing and proposed easement designes are adequate for the respective utilities if the lot line(s) being relocated affect an easement for utilities. (d) 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. (e) A copy of the existing recorded plat. (f) A map of either 8'" X 14" or 24" X 36" in size (a map prepared on the 24" X 36" size must be accompanied by 6 copies) prepared in accordance with the applicable requirements of Sections 6-1 and 6-2 of these Subdivision Regulations. The Director of the Department of Planning Services may waive any non-applicable requirements. (2) Review Procedure. (a) Upon determination that an application is complete, the Department of Planning Services shall place the request on the first available scheduled Planning Commission meeting. (b) In the event that a utility easement is affected, the Department of Planning Services shall first place the matter for review on the first available Utilities Review Advisory Committee meeting before presenting the request to the Planning Commission. (c) The Board shall review the request within ten (10) days of the Planning Commission action. If the Board determines the request complies with the applicable requirements of those regulations, they shall endorse on the plat in the space provided. (d) The map shall be recorded as provided in Section 6-3E of these Subdivision Regulations. C. Requests for resubdivision for the purpose of redesign, addition of new lots, or vacation of all or portions of a subdivision shall be subject to the resubdivision submittal requirements of the 6-4D below. These revisions shall be submitted to the Planning Commission and Board of County Commissioners for their 2 • review. The request shall be reviewed in accordance with Section 6-3 of these regulations. D. 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 applicant 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. (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. 3 (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 submect 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. E. 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 (3) The plat shall not be altered in any way which will adversely affect the character of the plat filed. SECTION 9 RULES AND REGULATIONS FROM EXEMPTIONS 9-2 E (1) : replace (k) with the following: (k) That the proposed lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. Add a new Section 9-2 B. (5) to read: (5) No lot which is part of an approved or recorded subdivision or any map or plan filed in the records of the Weld County Clerk and Recorder prior to adoption of any regulations controlling subdivisions, or part of any Minor Subdivision, shall be redivided or changed in any manner by the Recorded Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as applicable) of these Regulations. Add a new Section 9-3 B. (3) to read: 4 (3) No lot which is part of an approved subdivision plat or any map or plan filed in the records of the Weld County Clerk and Recorder prior to adoption of any regulations controlling subdivisions, or part of any Minor Subdivision, shall be redivided or changed in any manner by the Subdivision Exemption procedure. Such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as applicable) of these Regulations. 5 SECTION 11 IMPROVEMENTS AGREEMENT 11-1 Contract No Final Plat shall be approved by the Board until the subdivider has submitted a Subdivision Improvement Agreement or a contract approved by the Board agreeing to construct the required improvements as shown in plans, plats, and supporting documents. [Any such Agreement or contract shall be made in conformance with the Weld County Policy on Collateral for Agreements. ] 11-1 Contract No Final Plat shall be approved by the Board until the subdivider has submitted a Subdivision Improvement Agreement or a contract approved by the Board agreeing to construct the required improvements as shown in plans, plats, and supporting documents. Any such Agreement or contract shall be made in conformance with the Weld County Policy on Collateral for Agreements. Delete 11-2 and 11-3 6 SECTION 12 VARIANCES Renumber 12 A to 12-1 and 12 B to 12-2 Add New Section: 12-3 Minor Subdivisions A. Intent The intent in establishing the Minor Subdivision Procedure is to provide a reduced scale process for land developments which will have a minimum impact. A maximum of six (6) lots can be created through this procedure. Such developments shall only be permitted when they are compatible with the surrounding area and uses; are not inconsistent with efficient and orderly development; are consistent with the Weld County Comprehensive Plan; and are consistent with provisions of the Weld County Zoning Ordinance. B. General (1) Any lot having been created through the Minor Subdivision Procedure cannot be further divided by another Minor Subdivision or Recorded Exemption, nor can such a lot be amended by a Subdivision Exemption. (2) 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 Minor Subdivision procedure. Any such platted lots may only be resubdivided or changed by utilizing SECTION 6-4 of these regulations. (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 Minor Subdivision shall be considered complete until the plat, required pursuant to SECTION 12-3, has been submitted to the Weld County Clerk and Recorder in accordance with SECTION 12-3. C. Sketch Plan Submission SECTION 4 of these Subdivision Regulations shall be utilized for the Minor Subdivision sketch plan review. D. Platting Submission The Minor Subdivision combines the normal Preliminary and Final plat processes as described below: 7 (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 Minor Subdivision, 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 proposed parcels. (f) Signatures of the applicant and fee owner(s) or their authorized legal agent. (2) Written and Supportive Information (a) A summary of the application including total area, number of lots, proposed water and sewage systems, road and accesses to be utilized, and an estimate of construction costs and methods to finance them. (b) Statements from utility companies regarding capability to serve the proposed lots. A utility plan should be prepared to illustrate proposed easements. Utilities to be included are: water, sewer, electric, gas, telephone, fire district (as applicable) . (c) A soil and geological investigation report (prepared by a professional engineer/geologist) regarding the suitability of the area for the proposed development. In those cases where a development proposes on site water or sewer, the report shall include appropriate information to determine acceptability for on—site systems. (d) A drainage plan which indicates existing or proposed water courses and storm water run off patterns which will result from the proposed development. If required by the County Engineer, a detailed engineering report shall be prepared by a qualified professional engineer. (e) A copy of a certificate of title as required in SECTION 6-2B of these regulations. (f) Where applicable, a copy of agreements signed by agricultural ditch companies specifying the agreed upon treatment of the ditch including fencing as provided in SECTION 8-12 of these regulations. 8 (g) Certificate from the County Treasurer showing no delinquent taxes. (h) Where applicable, an Improvements Agreement or Contract (made in conformance with the Weld County Policy on Collateral for Agreements) shall be submitted agreeing to construct required improvements. Improvements to be included are as listed in SECTION 10 of these Subdivision Regulations. (i) A copy of a deed, purchase contract, or other legal instrument indicating that the applicant has interest in said property. The legal instrument used should include a complete and accurate legal description of the property. (j) A copy of deed restrictions or covenants which govern the future use of the lots and any common land. (k) Monument record for required benchmark, and closure sheets for the entire tract included in the plat and for each block in said tract. (1) A certified list of names and addresses as required in SECTIONS 5-2G and 5-2H of these regulations. (m) 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 as set forth in this SECTION 12-3, and these Subdivision Regulations. The burden of proof shall be on the subdivider to show compliance with this SECTION 12-3. (3) The following information shall be submitted in map form. Dimensions of the map to be eight and one-half (81) inches by eleven (11) inches or eight and one-half (81/2) inches by fourteen (14) inches. A map 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; proposed drainage features; 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 Minor Subdivision 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 9 the lots shall, comply with those lots described or shown pursuant to 12-3 D, 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 81" X 14" or 24" X 36". It shall be drawn on waterproof linen or mylar in ink. (c) The plat shall be titled, "Minor Subdivision 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. (e) The plat shall include a complete and accurate legal description of the parcel of land and its acreage. (f) The plat shall include a vicinity sketch locating the tract with respect to roads and other major land features. (g) The plat shall include an accurate drawing of the tract and the proposed division of lots. This drawing shall include bearings, lengths and curve data of all perimeter and lot lines. The lots shall be designated and the acreage of each given. Existing or proposed to be dedicated 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 include any utility, ditch, or drainage easements required. (i) The plat shall show any areas restricted for building due to drainage, soil, or geological limitations. (j) The plat shall bear the certifications as required under Section 6-2 N. of these regulations. E. Duties of the Department of Planning Services The Weld County Department of Planning Services shall be responsible for processing all applications for Minor Subdivisions. The Department shall also have the responsibility 10 of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. (1) The Department of Planning Services shall review the sketch plan as set forth in Section 4-1 C. of these regulations. (2) The Department of Planning Services, upon receipt of a platting request shall: (a) Set a Planning Commission hearing date not more than forty-five (45) days after the complete application has been submitted. (b) Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within thirty-five (35) days after the mailing of the application by the Department of Planning Services. The failure of any agency to respond within thirty-five (35) days may be deemed to be a favorable response. 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 rests with the Board. Review agencies shall include: - 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. - Weld County Department of Health Services. - Weld County Department of Engineering Services. - Colorado State Department of Highways. - Colorado State Engineer, Division of Water Resources. - Any irrigation ditch company with facilities on or adjacent to the parcel under consideration. 11 - Colorado Geological Survey. - Any other agencies or individuals whose review the Department of Planning Services, or the Board of County Commissioners deem necessary. (c) 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. (d) 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 12-3D(2) (1) . 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. Inadvertant 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. (e) 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 12-3D(2) (1). Such notification shall be mailed, registered mail, not less than ten (10) days before the scheduled hearing. (f) Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Comprehensive Plan, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Section 12-3. (g) Schedule a meeting for the Board within ten (10) days of the Planning Commission's action. (h) Submit to the Board for review any plat required under 12-3 D (4) of this Section 9 which does not comply with the approved Recorded Exemption. 12 (i) Submit to the Weld County Clerk and Recorder, for recording, plats of approved actions required in 12-3 D (4) above. F. Approval or Disapproval - Planning Commission The Minor Subdivision shall be reviewed by the Planning Commission in accordance with Section 5-4 A of these regulations. The decision shall be made within twenty-one (21) days of the review unless otherwise agreed to by the applicant. G. Approval of Disapproval - Board 1. The Board of County Commissioners shall hold a public hearing within ten (10) days of the Planning Commission's action to consider the application and to take final action thereon. In making a decision on the proposed Minor Subdivision, the Board shall consider the recommendation of the Planning Commission, 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 Minor Subdivision unless it finds that the applicant has not met one or more of the standards of this Section 12-3. The applicant has the burden of proof to show that the standards and conditions of Section 12-3 are met. 2. The Board's review shall be guided by the requirements of Section 5-4 A of these regulations. 3. When applicable, no Minor Subdivision shall be approved by the Board until the applicant has submitted and the Board approves an Improvements Agreement or a contract agreeing to construct the required improvements. Any such Agreement or contract shall be made in conformance with the Weld County Policy on Collateral for Agreements. 4. 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 12-3 D (4) et. seq. , when it finds the plat in conformance with an approved Minor Subdivision. H. Correction to a Minor Subdivision 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 Minor Subdivision 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. 13 I. Amendments Any change to a previously approved Minor Subdivision which is not a "Correction" as defined in 12-3H above shall follow the procedures of Section 6-4. 14 Hello