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AR2Ulb338
RESOLUTION
RE: ADOPTION OF AMENDMENTS TO SECTION 9 OF THE WELD COUNTY
SUBDIVISION REGULATIONS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
LnO affairs of Weld County, Colorado, and
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WHEREAS, the Board of County Commissioners held a public
A hearing on the 1st day of July, 1985 , at the hour of 9 : 30 a.m. in
a the Chambers of the Board for the purpose of considering the
3 adoption of amendments to Section 9 of the Weld County Subdivision
o a Regulations, and
O WHEREAS, the proposed amendments to Section 9 of the
Subivision Regulations, as approved by the Weld County Planning
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Commission on June 5 , 1985 , were considered by the Board of County
Commissioners, and
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i WHEREAS, the Board, after said consideration, deems it
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advisable to approve the proposed amendments to Section 9 of the
H Weld County Subdivision Regulations as described in the attached
Exhibit "A" , incorporated herein and made a part hereof by
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a reference.
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riw WHEREAS, said amendments to Section 9 of the Weld County
Z Subdivision Regulations shall become effective July 1 , 1985 .
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a NOW, THEREFORE, BE IT RESOLVED by the Board of County
w Commissioners of Weld County, Colorado, that the amendments to
Section 9 of the Weld County Subdivision Regulations, as attached
N H hereto, be, and hereby are, adopted.
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co r" BE IT FURTHER RESOLVED by the Board that said amendments to
Section 9 of the Weld County Subdivision Regulations shall be
effective July 1 , 1985 .
350089
PLOO9T
Page 2
RE: AMENDMENTS TO SUBDIVISION REGULATIONS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 1st day of
July, A.D. , 1985 .
ATTEST an":T2tV/lQ/ iv BOARD OF COUNTY WELD COUNTY, COLORADOCOMMISSIONERS
Weld County C � d Recorder
and Clerk to '€h.*i$;oard acqu Sine J nson, Chairman
P S.,-fV N .w
,i� 'j;,4..,A1/40,- EXCUSED
\ ' " Gene R. Brantner, Pro-Tem
D pu y,l k
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APPROVED AS 4 bbRM: C.W. Kir
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��— oCr o E. L y
County Attorney
Frank Yam uc i
B 1076 REC 02016338 07/09/85 14: 33 $0. 00 2/015
F 0315 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition of "Subdivision or Subdivided Land"
A. 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 as amended. Pursuant to
sub-section (10) (d) of 30- 28-101 of CRS 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".
B. The Board of County Commissioners delegates the authority and responsi-
bility of considering and approving Recorded Exemptions with an
administrative review process to the Department of Planning Services.
The Department of Planning Services shall approve the request for
Recorded Exemptions unless it finds that the applicant has not met one
Ln O or more of the Standards of Section 9-2 E. (1) (a) through (m). If the
r-+ V Department of Planning Services determines that the applicant has not
M O met the Standards of Section 9-2 E. (1) (a) through (m) , the request will
U be scheduled before the Board of County Commissioners in a public
hearing. The Board will consider the application and take final action
on the Recorded Exemption request.
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g9-2 Recorded Exemptions
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C7 A. Intent
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The intent in establishing the Recorded Exemption Procedure is to
rn en z provide, in accordance with the Weld County Comprehensive Plan and
— w intent of the zone district in which the request is made, a means
x whereby a lot may be divided into two (2) separate lots. Such
divisions should only be permitted when they are compatible with
in U the surrounding area and uses; will not be inconsistent with
efficient and orderly development; and are consistent with the
o H Weld County Comprehensive Plan.
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o CO B. General
M W (1) Any lot having been created by a Recorded Exemption shall not
CO [y be redivided by a new Recorded Exemption for a period less
than five (5) years commencing from the date of approval of
0 Z the Recorded Exemption which created or amended such lot.
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V a (2) An applicant's total contiguous land ownership shall be the
Wa subject of the Recorded Exemption request except as follows:
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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) .
(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
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o resubdivided or changed by utilizing Section 6-4 or 12-3 (as
applicable) of these Regulations.
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C. Submission Requirements
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• (1) The following information shall be submitted on forms
provided by the Department of Planning Services.
O (a) Name, address, and telephone number of the applicant(s) .
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a (b) Name and address of the fee owner(s) of the property
: 'a proposed for the Recorded Exemption, if different from
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above.
in a (c) Legal description of the property under consideration.
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rn z (d) Total acreage of the original parcel under
W consideration.
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(e) Approximate acreage of the two (2) proposed parcels.
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M (f) Signatures of the applicant and fee owner(s) or their
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authorized legal agent.
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o (g) Proposed water and sewage disposal methods (attach
a letters or permits when applicable) .
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(h) A certificate of all land transfers concerning the
r— entire tract on the form prescribed and provided by the
o M Department of Planning Services.
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(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
to O plans of affected municipalities.
N 0 (f) A statement which explains how the proposal will not be
U inconsistent with efficient and orderly development.
o W (g) A statement which explains that the application complies
3 with the Weld County Zoning Ordinance, Section 50,
o c4 Overlay District Regulations if the proposal is located
4.4FW within any Overlay District Area identified by maps
C4officially adopted by Weld County.
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m w' (h) A copy of a deed, purchase contract, or other legal
m instrument indicating that the applicant has interest in
c said property. The deed, purchase contract, or legal
~ a instrument should include a complete and accurate legal
description of the property.
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(i) Such additional information as may be required by the
H Department of Planning Services or the Board of County
r H Commissioners in order to determine that the application
o a meets the standards and policies set forth in this
Section 9 and the Weld County Comprehensive Plan.
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• k (3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (8 1/2) inches
o by eleven (11) inches or eight and one-half (8 1/2) inches by
fourteen (14) inches.
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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, 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
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numbered sheets measuring 8 1/2" X 14". It shall be
drawn on waterproof linen or mylar in ink.
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V (c) The plat shall be titled, "Recorded Exemption No.
" (The appropriate number to be filled in by the
o W Planning Department.)
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o a (d) The plat and legal description shall include all
in- o contiguous land owned by the applicant (or as provided
a O under 9-2 B (2) of this Section) .
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en a (e) The plat shall include a complete and accurate legal
'n description of the parcel of land and its acreage.
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(f) The plat shall include a vicinity sketch locating the
tract with respect to roads and other major land
co V features.
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W (g) The plat shall include an accurate drawing of the tract
r E and the proposed division into 2 lots. This drawing
o a shall include bearings, lengths and curve data of all
o perimeter and lot lines. The lots shall be designated
M W as "Lot A" and "Lot B" and the acreage of each given.
i" Existing public rights-of-way which provide access to
o z the tract shall be shown. The scale of the drawing
N shall be adequate to clearly show the above required
items. A scale and north arrow shall be included.
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(h) The plat shall bear the following certifications:
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ti 1. Property owner's certificate example.
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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
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o U 2. Registered Land Surveyor's Certificate example.
U I hereby certify that this plat was prepared under
my supervision; and that the same is correct to the
o W best of my knowledge and belief.
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Registered Land Surveyor, Colo. Reg. #
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OU 3. Board of County Commissioner's Certificate
m a example. This certificate is used only when the
Recorded Exemption is approved by the Board in a
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public hearing.
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mg This plat is accepted and approved for filing.
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W Chairman of the Board of County Commissioners
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Attest:
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M W County Clerk and Recorder
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a Z Dated
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✓ 4. Department of Planning Services' administrative
o review certificate example. This certificate is
pa w used when the Recorded Exemption is approved by the
Department of Planning Services.
5
This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certification was acknowledged before
me this day of , A.D. , 19
My Commission expires:
Notary Public Witness my hand & seal
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
O responsible for processing and approving all applications for
U Recorded Exemptions as delegated by the Board of County
Commissioners. The Department shall also have the
co O responsibility of ensuring that all application submittal
U requirements are met prior to initiating any official action
a as listed below.
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• (2) Set a Board hearing only if the Department of Planning
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W Services has determined that the applicant has not met the
standards of Section 9-2 E. (1) (a) through (m) .
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(3) Refer the application to the following agencies, when
m a applicable, for their review and comment. The agencies named
•• w shall respond within fourteen (14) days after the mailing of
x the application by the Department of Planning Services. The
failure of any agency to respond within fourteen (14) days
LIl ,.l may be deemed to be a favorable response to the County. The
°' U reviews and comments solicited by Weld County are intended to
m 2 provide the County with information about the proposed
WRecorded Exemption. The County may consider all such reviews
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om and comments and may solicit additional information if such
cx information is deemed necessary. The reviews and comments
co o submitted by a referral agency are recommendations to the
M PP4 County. The authority and responsibility for making the
decision to approve or deny the request for a Recorded
o z Exemption Permit rests with the County.
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U a (a) The Planning Commission or Governing Body of any town
raw and county whose boundaries are within a three (3) mile
radius of the parcel under consideration for a Recorded
C Exemption, or that has included the parcel in its master
o rmi planning area.
M 44
(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
Department of Planning Services, or the Board of County
Commissioners deem necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-2 E. (1)
(a) through (m) , a hearing shall be scheduled before the
Board of County Commissioners. The staff shall prepare a
recommendation for use by the Board addressing all aspects of
the application, its conformance with the Weld County
in o Comprehensive Plan, adopted master plans of affected
Hi V municipalities, sound land-use planning practices, comments
Q O received from agencies to which the proposal was referred,
el and standards contained in this Section 9.
Ca a (5) Submit to the Board for review any plat required under 9-2 C.
0 N (4) of this Section 9 which does not comply with the approved
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Recorded Exemption.
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(6) Submit to the Weld County Clerk and Recorder for recording
O plats of approved actions required in 9-2 C. (4) above.
M P4 E. Duties of the Board of County Commissioners
ti a (1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-2 E. (1) (a)
Ln U through (m) , the Board of County Commissioners shall hold a
public hearing to consider the application and to take final
o Haction thereon. In making a decision on the proposed
Recorded Exemption, the Board shall consider the
a recommendation of the Departmnet of Planning Services, and
from the facts presented at the public hearing and the
co o information contained in the official record, which includes
c`v'.� w the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the
o Z Recorded Exemption unless it finds that the applicant has not
o met one or more of the standards of this Section 9. The
V a applicant has the burden of proof to show that the standards
NW and conditions of Section 9 are met. The applicant shall
demonstrate:
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(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
in UO (1) acre, except where smaller lot sizes are allowed in
o a specific zoning district or except where specifically
o exempted by the Board.
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(f) That the proposed land division is in compliance with
0 3 the Weld County Comprehensive Plan.
W (g) That the proposed division will not be inconsistent with
efficient and orderly development.
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(h) That the lots resulting from the proposed land division
m a shall be accessible from an existing public road.
(i) That the proposed lots will have access to an adequate
~ a water supply.
m U (j) That the proposed lots will have access to a means for
rn z the disposal of sewage in compliance with requirements
o W of the Weld County Health Department.
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(k) That the proposed lots are not part of a recorded
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exemption approved within less than five (5) years
W previous, are not part of a subdivision, or are not part
k of a Minor Subdivision.
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o (1) That the use of the Recorded Exemption (described in
this Section 9) does not evade the requirements and
ja Statement of Purposes (Section 1-3) of the Weld County
Gk Subdivision Regulations.
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M (m) That there is adequate provision for the protection of
o the health, safety and welfare of the inhabitants of the
M 4, neighborhood and the County.
8
(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. when it finds the plat in
conformance with an approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The Department of
Planning Services or Board of County Commissionrs 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
Upurpose of such correction is to correct one or more
technical errors in the legal description and where such
O correction is consistent with the approved plat.
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aF. Amendments
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0 3 Any change to a previously approved Recorded Exemption which is
o W not a "Correction" as defined in 9-2 E. (3) above shall follow the
procedures of this Section 9-2.
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9-3 SUBDIVISION EXEMPTION
A. Intent
(1) 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.
(2) The Board of County Commissioners delegates the authority and
responsibility of considering and approving Subdivision
Exemptions with an administrative review process to the
in 0 Department of Planning Services. The Department of Planning
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Services shall approve the request for Subdivision Exemption
N unless it finds that the applicant has not met one or more of
▪ U the standards of Section 9-3 E. (1) (a) through (c) . If the
Department of Planning Services determines that the applicant
o W has not met the standards of Section 9-3 E. (1) (a) through
o 3 (c) , the request will be scheduled before the Board of County
a W Commissioners in a public hearing. The Board will consider
ifrCa the application and take final action on the Subdivision
Exemption request.
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mg B. General
-
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x (1) A Subdivision Exemption shall only be applicable when at
least one parcel involved in any boundary exchange or in a
atemporary use location is less than 35 acres.
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(2) When used in conjunction with a Recorded Exemption whose
o w request is to remove existing residential improvements from a
✓ E parcel, the Subdivision Exemption may be utilized to request
o a separation of additional existing residential improvements
from either of the two proposed Recorded Exemption parcels.
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m (3) No lot which is part of an approved subdivision plat or any
Z map or plan filed in the records of the Weld County Clerk and
not 4 Recorder prior to adoption of any regulations controlling
o subdivisions, or part of any Minor Subdivision, shall be
o g 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
• N applicable) of these Regulations.
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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
Ln O agent.
(2) The applicant shall submit the following written and
• U supporting information:
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(a) A detailed description of the request and its purpose
o and benefits.
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yr W (b) Where an authorized legal agent signs the application
afor the fee owner(s) , a letter granting power of
OU attorney to the agent from the property owner(s) must be
provided.
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(c) Copy of a deed or other appropriate legal instrument by
"1 x which the applicant(s) obtained interest in the property
under consideration.
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(d) Complete and accurate legal descriptions of the
o Hparcels) being created or exchanged, and new parcels
Fwhich will result upon approval of the request.
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a (3) The applicant shall submit the following map information.
a The size of map shall be either eight and one-half (8 1/2)
M w inches by eleven (11) inches or eight and one-half (8 1/2)
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▪ z inches by fourteen (14) inches.
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CD (a) Plot plan of the property or properties involved
U a indicating graphically what the situation is.
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D. Duties of the Department of Planning Services
(1) The Department shall have the responsibility for processing
and approving all applications for Subdivision Exemptions as
delegated by the Board of County Commissioners. 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 only if the Department of Planning
'n o Services determines that the applicant has not met the
V standards of Section 9-3 E. (1) (a) through (c) .
ti U (3) Refer the application to any agencies or individuals whose
review the Department of Planning Services or the Board of
o W County Commissioners deems necessary.
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o a (4) When, in the opinion of the Department of Planning Services,
v}W an applicant has not met the standards of Section 9-3 E. (1)
a (a) through (c) , a hearing shall be scheduled before the
o Board of County Commissioners. The staff shall prepare a
m a recommendation for use by the Board addressing all aspects of
the application, its conformance with the Weld County
•• '0 Comprehensive Plan, master plans of affected municipalities,
rig sound land use planning practices, comments received from
agencies to which the proposal was referred, and standards
Ucontained in this Section 9-3.
oizi E. Duties of the Board of County Commissioners
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0 CO (1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-3 E. (1) (a)
co W through (c) , the Board of County Commissioners shall hold a
en g public hearing to consider the application and to take final
action thereon. In making a decision on the proposal, the
N 2 Board shall consider the recommendation of the Department of
o Planning Services, and from the facts presented at the public
C) a hearing and the information contained in the official record,
W which includes the Department of Planning Services case file,
x the Board of County Commissioners shall approve the request
r- N unless it finds that the applicant has not met one or more of
o2 the standards or conditions of this Section 9-3 E. The
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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.
12
(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.
(3) Correction to a Subdivision Exemption. The Department of
in 0 Planning Services or Board of County Commissioners may,
without a hearing or compliance with any of the submission,
O referral, or review requirements of these regulations,
tr, U approve a correction to a Subdivision Exemption if the sole
CJ purpose of such correction is to correct one or more
w
technical errors in the legal
o description and where such correction is consistent with the
o g approved exemption.
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F. Amendments
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n a Any change to a previously approved Subdivision Exemption which is
not a "correction" as defined in 9-3 E. (3) above shall follow the
procedures of this Section 9-3.
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HEARING CERTIFICATION
DOCKET NO. 85-35
RE: AMENDMENTS TO SECTION 9 OF THE WELD COUNTY SUBDIVISION REGULATIONS
A public hearing was conducted on July 1, 1985, at 9:30 A.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem, Excused
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Director of Planning Services, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated May 29, 1985, and duly
published May 30, 1985, in the Johnstown Breeze, a public hearing was
conducted to consider amendments to Section 9 of the Weld County
Subdivision Regulations. Lee D. Morrison, Assistant County Attorney,
made this matter of record. Chuck Cunliffe, Director of Planning
Services, read the recommendation for approval from the Planning
Commission into the record. He said that the proposed amendment would
delegate the authority to administratively review and approve Recorded
and Subdivision Exemptions to the Department of Planning Services. Mr.
Cunliffe explained that only those requests that the Planning staff
would recommend for denial would be brought before the Board.
Commissioner Lacy moved to approve said amendment to Section 9 of the
Weld County Subdivision Regulations. Seconded by Commissioner
Yamaguchi, the motion carried unanimously.
APPROVED:
t& BOARD OF COUNTY COMMISSIONERS
ATTEST: (� WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board acque ne Joh s n, Chairman
By: u tj , �� , EXCUSED
D• .uty County Cler Gene R. Brantner,/ Pro-Tem 11#7/1G.W. Kithv
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ac ���7i/
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Frank Yamagu i
TAPE #85-53
DOCKET #85-35
LHR 245
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO l
i ss
COUNTY OF WELD i
1, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze,
that the same is a weekly newspaper
NOVICE printed, in whole or in part, and published
Docket No. ewae in the County of Weld, State of Colorado,
and has a general circulation therein: that miThe Board' w county con,- said newspaper has been published
hearing at will conduct a public continuously and uninterruptedly in said
hearing at or about 9:80 AM.theon
Monday' dpiy 1, 1895. in County of Weld for a period of more than
my Commlaaionyre Hearing
First Floor, Weld County fifty-two ty consecutive weeks prior to the
nhnnir CaMeM, 819 10th
k Batley,tikro7gt,forme first publication of the annexed legal notice
Purwbe of considering ame W or advertisement; that said newspaper has cielegaCmoots to Seel n,9 of the Weld
*int subdivlMon Reppiatlona been admitted to the United States mails as
tine the Department ty second-class matter under the provisions of
MSS the authority
to aidmmtatcorder review and the Act of March 3, 1879, or any
v1113 Recorded and Sub- amendments thereof, and that said
on Exemptions.
All persons. In any manner newspaper is a weekly newspaper duly
interested are re4ueated to qualified for publishing legal notices and
attend the hearing end may be
heard. advertisements within the meaning of the
Copies of the propose amend.' laws of the State of Colorado.
mints are available for Public That the annexed legal notice or adverttse-
Clelaap�e0tion in ttto, ofnse.,of Ni. meet was published in the regular and
10th lesio erSWlir• aFly r.W IC entire issue of every number of said weekly
Cootsy Centennial Center, 915
tom Stre t, Oreeley, Oolorado, newspaper for the period of consecu-
A . to Frmay, 8:00 tive insertions; and that the first
AM. to 5:q0 throughP.M.
publication of said notice was in the issue of
BOARD OF COUNTY
COMMISSIONERS said newspaper dated£ 3- 8? A.D. lt, a,
WELD LOO and that the last publication of said notice
COLORADO
was in the issue of said newspaper dated
BY: MARY ANNFEUERSTEIN , A.D. 19
COUNTY CLERK AND
RECORDER AND CLERK In witness whereof I have hereunto set
TO'.THE BOARD my hand (his ._3./ day of .%n5 ....,
BY: Mary Reiff, Deputy A.D. 195'
cl
DATED: May 29, 1985 �//////
PUBLISHEo: May 30, 1985, in GL/
the Johnstown Breeze
__ _ __ Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Wel�d tate of Colorado, t13is ,2?7 day of
..... .c.-X, A.D. 19g,-;5-..
Notary Public.
'277'
l3SInfl E.eptres June i4. 19?
South Parish Avenues
My com itg§T`1SnekFyirac34
NOTICE
Docket No. 85-35
The Board of County Commissioners will conduct a public hearing at
or about 9 :30 A.M. on Monday, July 1 , 1985 , in the County
Commissioners Hearing Room, First Floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado, for the purpose of
considering amendments to Section 9 of the Weld County Subdivision
Regulations delegating to the Department of Planning Services the
authority to administratively review and approve Recorded and
Subdivision Exemptions.
All persons in any manner interested are requested to attend the
hearing and may be heard.
Copies of the proposed amendments are available for public
inspection in the office of the Clerk to the Board of County
Commissioners, Third Floor, Weld County Centennial Center, 915
10th Street, Greeley, Colorado, Monday through Friday, 8 : 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: Mary Reiff, Deputy
DATED: May 29 , 1985
PUBLISHED: May 30 , 1985, in the Johnstown Breeze
DATE: May 29 , 1985
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearings for the 1st day of July, 1985 , at or about 9 :30
A.M.
Docket No. 85-34 - Land Use Permit application fees
Docket No. 85-35 - Amendment to Subdivision Regulations
Docket No. 85-36 - Amendments to Zoning Ordinance
OFFICE OF THE CLE TO THE BOARD
BY: S Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
\�
��emo r
f GA_
.tilley
Ay Li-1/C (1n l/iL
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NOTICE
Docket No. 85-35
The Board of County Commissioners will conduct a public hearing at
or about 9 :30 A.M. on Monday, July 1 , 1985 , in the County
Commissioners Hearing Room, First Floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado, for the purpose of
considering amendments to Section 9 of the Weld County Subdivision
Regulations delegating to the Department of Planning Services the
authority to administratively review and approve Recorded and
Subdivision Exemptions.
All persons in any manner interested are requested to attend the
hearing and may be heard.
Copies of the proposed amendments are available for public
inspection in the office of the Clerk to the Board of County
Commissioners, Third Floor, Weld County Centennial Center, 915
10th Street, Greeley, Colorado, Monday through Friday, 8 : 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: Mary Reiff, Deputy
DATED: May 29 , 1985
PUBLISHED: May 30 , 1985 , in the Johnstown Breeze
EXHIBIT INVENTORY CONTROL SHEEP
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Summary of the Weld County Planning Commission Meeting
June 4, 1985
Page 8
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Sharon Linhart - yes; Jack Holman - yes, he
agrees with Sharon, and with the standards we have to use on determining
this Use by Special Review he comes up with four reasons not to have it and
only two have it. Louis Rademacher - no; Paulette Weaver - yes; Bob
Ehrlich - no. Motion carried with three voting for the motion and two
voting against the motion.
The Chairman called a break at 5:00 p.m. The meeting was reconvened by the
Chairman, Bob Ehrlich at 5:05 p.m.
ADDITIONAL BUSINESS:
Chuck Cunliffe, Director of Planning Services presented the following items
for the Planning Commission's consideration:
Consider proposed amendments to Section 9 of the Weld County Subdivision
Regulations.
Chcuk Cunliffe reported that the amendments to Section 9 of the Zoning
Ordinance does not really affect the Planning Commission as these are cases
that routinely go to the Board of County Commissioners. These changes have
been discussed with the Board of County Commissioners and they have directed
that the proposed amendments be presented to the Planning Commission. The
criteria would remain the same. If requests
exemptions
n the cost anod
subdivision exemptions were staff approved it would cut down
expenses for handling the cases tremendously. If the staff were to deny a
request, the applicant still has the right to request a hearing before the
Board of County Commissioners.
The Chairman called for discussion from the members of the audience. There
was none.
MOTION:
Sharon Linhart moved the Planning Commission recommend to the Board of
County Commissioners that the proposed amendments to Section 9 of the
Subdivision Regulations be approved. Motion seconded by Louis Rademacher.
Summary of the Weld County Planning Commission Meeting
June 4, 1985
Page 9
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed regarding whether or not this proposal
would allow more land splits than are currently being approved by the Board
of County Commissioners.
The Chairman asked the Planning Commission for their decision. Sharon
Linhart, Jack Holman, Louis Rademacher, and Bob Ehrlich voted in favor of
the motion. Paulette Weaver voted against the motion. The motion carried
with four voting for the motion and one voting against the motion.
Consider proposed amendments to Sections 10, 29, 31, 32, 43, 45, and 46 of
the Weld County Zoning Ordinance.
Chuck Cunliffe stated some of these changes are to bring the Zoning
Ordinance into conformance with current State Statutes, typographical
errors, home business on less than ten acres, manufactured housing in the
R-5 Zone District, accessory mobile homes, approval of mobile home zoning
permits without a public hearing, manufactured homes without a public
hearing, and to change the animal unit definition from two per lot in
agriculturally zoned subdivisions to two animal units per acre. Many rural
subdivisions have large lots and the two animal units per acre does not
always seem reasonable.
The Chairman called for discussion from the audience.
Dorothy Jannington, a realtor, asked the Planning Commission to recommend
approval of this amendment pertaining to animal units per acre. Many
subdivisions in the southern area of the County are five, ten, twenty, or
forty acre lots, and to allow just two animals per lot is not always
reasonable.
Loren Ergens, resident of Westridge Subdivision, asked that the requirements
stay the same. In his subdivision the house and yard usually take up an
acre, which leaves approximately two acres of pasture. To allow six animal
units on a lot this size is not a good situation. This proposal is too
simplistic and may apply in some parts of the County, but it should not
apply to every area. He did not feel it was possible or fair to pass an
amendment of this sort that would cover everything from Briggsdale to
Longmont because situations in every area are not the same.
Tape 206 — Side 2
The Planning Commission discussed the possibility of agricultural
subdivisions enforcing or initiating covenants to control the number of
animal units a property owner may have.
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Sharon Linhart 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 proposed amendements to Section 9 of the
Weld County Subdivision Regulations be forwarded to the Board of County
Commissioners with the Planning Commission's recommendation for approval
based upon the recommendations of the Department of Planning Services staff.
See attached.
Motion seconded by Louis Rademacher
VOTE:
For Passage Against Passage
Sharon Linhart Paulette Weaver
Jack Holman
Louis Rademacher
Bob Ehrlich
The Chairman declared the Resolution passed and ordered that a certified
copy be forwarded 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, adopted
on June 4, 1985, and recroded in Book No. IX of the said Planning
Commission.
Dated the 5th day of June, 1985.
d,ot. L,• n g`oo4
Bobbie Good
Secretary
/ N,B/T
{ v � 1411 al C; 1
Weld County
° + Planning Commission June 4, 1985
_131�s U ,,,ln Department of Planning Services Staff
Amendment to Section 9 of the Weld County Subdivision
Soblect
Regulations
The Department of Planning Services staff recommends approval of this
amendment.
It will establish an administrative review process for the Department of
Planning Services to review and approve recorded and subdivision exemptions
and eliminate the public meeting process before the Board of County
Commissioners. Applications denied by the staff would automatically be
scheduled before the Board of County Commissioners and the Board would
consider the recorded or subdivision exemption in a public meeting.
Utilizing the administrative review procedure will save staff time by
eliminating the time spent on preparing staff recommendations and maps,
assembling information packets used in the hearings, copying charges, and
time spent in public hearings. Savings in time, materials, and money will
be achieved.
,c x H/E/T
DEPARTMENT OF PLANNING SERVICES
„,, 2,r, PHONE(303)356.4000 EXT.4400
.�. j 915 10th STREET
..
GREELEY,COLORADO 80631
Ilk
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing at 1:30
p.m. on June 4, 1985, in the County Commissioners Hearing Room (#101) , First
Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado
for the purpose of considering amendments to Section 9 of the Weld County
Subdivision Regulations delegating to the Department of Planning Services
the authority to administratively review and approve Recorded and
Subdivision Exemptions.
All persons in any manner interested are requested to attend the hearing 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
number 356-4000 — Extension 4400.
/ /J/`
Robert E. Ehrlich, Chairman /1 _ l ,r
Weld County Planning Commission /
To be published in the Johnstown Breeze
To be published one (1) time by May 16, 1985
Received by: '� a {,..afff.„,_,
Date: y/&/75—
.
Proposed text to implement administrative review process for Recorded
Exemptions by the Department of Planning Services.
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition of "Subdivision or Subdivided Land"
A. 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 as amended. Pursuant to
sub-section (10) (d) of 30- 28-101 of CRS 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".
B. The Board of County Commissioners delegates the authority and responsi-
bility of considering and approving Recorded Exemptions with an
administrative review process to the Department of Planning Services.
The Department of Planning Services shall approve the request for
Recorded Exemptions unless it finds that the applicant has not met one
or more of the Standards of Section 9-2 E. (1) (a) through (m) . If the
Department of Planning Services determines that the applicant has not
met the Standards of Section 9-2 E. (1) (a) through (m) , the request will
be scheduled before the Board of County Commissioners in a public
hearing. The Board will consider the application and take final action
on the Recorded Exemption request.
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 or amended such lot.
(2) An applicant's total contiguous land ownership shall be the
subject of the Recorded Exemption request except as follows:
1
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) .
(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.
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
(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, 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
Department of Planning Services or 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 he 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.
3
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, 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.
(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:
1. Property owner's certificate example.
4
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
2. Registered Land Surveyor's Certificate example.
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. it -
3. Board of County Commissioner's Certificate
example. This certificate is used only when the
Recorded Exemption is approved by the Board in a
public hearing.
This plat is accepted and approved for filing.
Chairman of the Board of County Commissioners
Attest:
County Clerk and Recorder
By
Dated
4. Department of Planning Services' administrative
review certificate example. This certificate is
used when the Recorded Exemption is approved by the
Department of Planning Services.
5
This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certification was acknowledged before
me this day of _, P.D. , 19
My Commission expires:
Notary Public Witness my hand & seal
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
responsible for processing and approving all applications for
Recorded Exemptions as delegated by the Board of County
Commissioners. 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 only if the Department of Planning
Services has determined that the applicant has not met the
standards of Section 9-2 E. (1) (a) through (m) . -
(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 County. The
reviews and comments solicited by Weld County are intended to
provide the County with information about the proposed
Recorded Exemption. The County 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 County.
(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.
6
(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
Department of Planning Services, or the Board of County
Commissioners deem necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-2 E. (1)
(a) through (m) , a hearing shall be scheduled before the
Board of County Commissioners. The staff shall prepare a
recommendation for use by the Board 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 9.
(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) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-2 E. (1) (a)
through (m) , 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 Departmnet 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:
7
(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.
(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, are not part of a subdivision, or are not part
of a Minor 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.
8
(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. when it finds the plat in
conformance with an approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The Department of
Planning Services or Board of County Commissionrs 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.
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Proposed text to implement administrative review process for Subdivision
Exemptions by the Department of Planning Services.
9-3 SUBDIVISION EXEMPTION
A. Intent
(1) 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.
(2) The Board of County Commissioners delegates the authority and
responsibility of considering and approving Subdivision
Exemptions with an administrative review process to the
Department of Planning Services. The Department of Planning
Services shall approve the request for Subdivision Exemption
unless it finds that the applicant has not met one or more of
the standards of Section 9-3 E. (1) (a) through (c) . If the
Department of Planning Services determines that the applicant
has not met the standards of Section 9-3 E. (1) (a) through
(c) , the request will be scheduled before the Board of County
Commissioners in a public hearing. The Board will consider
the application and take final action on the Subdivision
Exemption request.
B. General
(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.
(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.
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C. Submission Requirements
(1) The applicant shall submit the following on the form provided
by the Department of Planning Services:
(a) Name, address and telephone number of the fee owner(s)
of the property involved.
(b) General legal description of the total property
involved.
(c) Total acreage of the total property involved.
(d) Existing land use of the total property involved.
(e) Existing land use of the adjacent properties.
(f) Signatures of the fee owner(s) or their authorized
agent.
(2) The applicant shall submit the following written and
supporting information:
(a) A detailed description of the request and its purpose
and benefits.
(b) Where an authorized legal agent signs the application
for the fee owner(s) , a letter granting -power of
attorney to the agent from the property owner(s) must be
provided.
(c) Copy of a deed or other appropriate legal instrument by
which the applicant(s) obtained interest in the property
under consideration.
(d) Complete and accurate legal descriptions of the
parcel(s) being created or exchanged, and new parcels
which will result upon approval of the request.
(3) The applicant shall submit the following map information.
The size of map shall be either eight and one-half (8 1/2)
inches by eleven (11) inches or eight and one-half (8 1/2)
inches by fourteen (14) inches.
(a) Plot plan of the property or properties involved
indicating graphically what the situation is.
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D. Duties of the Department of Planning Services
(1) The Department shall have the responsibility for processing
and approving all applications for Subdivision Exemptions as
delegated by the Board of County Commissioners. 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 only if the Department of Planning
Services determines that the applicant has not met the
standards of Section 9-3 E. (1) (a) through (c) .
(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) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-3 E. (1)
(a) through (c) , a hearing shall be scheduled before the
Board of County Commissioners. The staff shall prepare a
recommendation 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) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-3 E. (1) (a)
through (c) , 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.
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(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.
(3) Correction to a Subdivision Exemption. The Department of
Planning Services or Board of County Commissioners may,
without a hearing or compliance with any of the submission,
referral, or review requirements of these regulations,
approve a correction to a Subdivision Exemption if the sole
purpose of such correction is to correct one or more
technical errors in the legal
description and where such correction is consistent with the
approved exemption.
F. Amendments
Any change to a previously approved Subdivision Exemption which is
not a "correction" as defined in 9-3 E. (3) above shall follow the
procedures of this Section 9-3.
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