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Home My WebLink About851620.tiff • JUL 1C 1985 RESOLUTION Weld Co.Planning Commission 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 affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of July, 1985, at the hour of 9:30 a.m. in the Chambers of the Board for the purpose of considering the adoption of amendments to Section 9 of the Weld County Subdivision Regulations, and WHEREAS, the proposed amendments to Section 9 of the Subivision Regulations, as approved by the Weld County Planning Commission on June 5, 1985, were considered by the Board of County Commissioners, and WHEREAS, the Board, after said consideration, deems it advisable to approve the proposed amendments to Section 9 of the Weld County Subdivision Regulations as described in'the attached Exhibit "A", incorporated herein and made a part hereof by reference. WHEREAS, said amendments to Section 9 of the Weld County Subdivision Regulations shall become effective July 1, 1985. ,I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amendments to Section 9 of the Weld County Subdivision Regulations, as attached hereto, be, and hereby are, adopted. 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. B 1076 REC 02016338 07/09/85 14:33 $0.00 1/015 F 0314 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED COPY - _.- $5-I Ls 20 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. �'lCcu �_L� BOARD OF COUNTY COMMISSIONERS ATTEST: �l 1 WELD COUNTY,�COLORADO Weld County Clerk and Recorder f ' and Clerk to the Board tiacqueiine J nson, Chairman EXCUSED a G �,J Gene R. Brantner, Pro-Tem D puty County Cl k APPRO ED AS TO FORM: C.W. Kir C ?2/6 orroo E. L County Attorney __`/ Frank Yam uc i 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 be eight and one—half (8 1/2) inches ' by eleven (11) inches or eight and one—half (8 1/2) inches by fourteen (14) inches. 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. # 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 , 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 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. • 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. 10 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. 11 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. 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 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 4-3 E. (3) above shall follow the procedures of this Section 9-3. •• 13 N OTICE 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 2..:1985 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. QoL.�-►sue goe4 Bobbie Good Secretary feit'; MEMORAnDUM Weld County To Planning Commission Pete June 4, 1985 COLORADO From Department of Planning Services Staff Sobjmt:Amendment to Section 9 of the Weld County Subdivision 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. lb AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed,in whole or in part,and published in the County of Weld,State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said NOTICE OP PUBLIC NEARING County of Weld for a period of more than The weld county Planning COT- fifty-two consecutive weeks prior to the mission will conduct a publfc first publication of the annexed legal notice hearing at 1:30 County Con, on June a, 1985, m the or advertisement;that said newspaper has missioners hearing Room(No. been admitted to the United States mails as 101),E First Fleor,Weid County Centennial enter, 915 Tenth second-class matter under the provisions of street,Greeley,eolorado for the the Act of March 3, 1879, or any purpose of considering amend- ments to se°tion 9 of the Weld amendments thereof, and that said bounty Subdivision RegutaYions delegating to the Department of newspaper is a weekly newspaper duly Planning Services the review and to administratively review and qualified for publishing legal notices and approve Recorded and sub- advertisements within the meaning of the division Exemptions, laws of the State of Colorado. As person in any manner That the annexed legal notice or advertise- 'interested are requested to attend the hearing ano may be ment was published in the regular and heard, entire issue of every number of said weekly Materials pertaining to the newspaper for the period of consecu- proposed amendment are avail- able for public inspection in the tive insertions; and that the first office of the Department of ublication of said notice was in the issue of Planning Services, Room 342, I� Weld County Centennial Center, said newspaper dated A.D.1b_...; 915 loth Street, Greeley, Colorado-Phone number 356- of and that the last publication said notice Col 4000-Extension 4400. was in the issue of said newspaper dated Robert E.Ehrlich,Chairman ,A.D.19 WOO County Planning In witness whereof I have hereunto set Commission To be published in the Johns- town Breeze. A.D.19 To be published one(1)time by May-16,1985. C"' "d111:977('Publisher Subscribed and sworn to before me,a . Notary Public in and for the County of W 1 State of Colorado,this day of A.D.19.° .:. ,Nota�ry Public. My commission expires z My Commission Expires June 14,190 2 South Parish Avenue Johnstown,CO 8O534 Do umint Name: S DI7ISION REGS, SECTION 9 Requestor's ID: RJG Author's Name: cunli£fe chuck Document Comments: Section 9, Weld County Subdivision Regulations 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 be eight and one-half (8 1/2) inches by eleven (11) inches or eight and one-half (8 1/2) inches by fourteen (14) inches. 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. # 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 , 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 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. 9 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. 10 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. 11 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. 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 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. 13 Hello