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Home My WebLink About900968.tiff AR2230935 RESOLUTION RE: APPROVE AMENDMENTS TO SECTIONS 9 AND 12 OF 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 H v WHEREAS, the Board held a public hearing on the 17th day of . October, 1990 , at the hour of 10: 00 a.m. in the Chambers of the U Board for the purpose of considering amendments to Section 9 and 12 of the Weld County Subdivision Regulations, and A a ow O3 WHEREAS, the proposed amendments to the Subdivision o w Regulations were approved by the Weld County Planning Commission a on September 18 , 1990 , and O U o a WHEREAS , the Board, after consideration, deems it advisable .. 0 to approve the proposed amendments to the Weld County Subdivision Regulations, as described in the attached Exhibit "A" , w incorporated herein and made a part hereof by reference, and oa rnU d z WHEREAS, said amendments to the Weld County Subdivision ---14 Regulations shall become effective on the 17th day of October, � w 1990 . a w m5 • w NOW, THEREFORE, BE IT RESOLVED by the Board of. County Commissioners of Weld County, Colorado, that the amendments to the rn z N ?ay Weld County Subdivision Regulations be, and hereby are, approved. N a x BE IT FURTHER RESOLVED by the Board that said amendments to Sections 9 and 12 of the Weld County Subdivision Regulations shall cp th be effective October 17 , 1990 . CO N D H O W W 900968 PL-CCffl Page 2 RE: AMENDMENTS - SUBDIVISION REGULATIONS The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 17th day of , 0 October, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS N O ATTEST 1 41 WELD NTY, COLORADO U Al/1"--M4 y A Weld Coubb�y Clerk by the Board co 3 ��, Gene R. Bran er, Chairman f 4.4* d Oa f e Y ). x BY:_ y y.}ra ty_4} George ennedy, Pro-Tem O De uty Clerk to a Board eiggigetff'HacCKA- li o a APPROVED AS TO FORM: N x EXCUSED DATE OF SIGNING - AYE w / C.W. Ki b o ON (.1 ounty Atto ey _ d' 2 Gord acy N H \w o Ei ti V) a w Ln � r\ w rn W O el N Z N O U CO w rC a £ 00 Co m N O H O ca W 900968 HEARING CERTIFICATION DOCKET NO. 90-46 RE: AMENDING CERTAIN SECTIONS OF THE WELD COUNTY SUBDIVISION REGULATIONS A public hearing was conducted on October 17, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Tommie Antuna Weld County Attorney, Thomas O. David Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated September 24, 1990, and duly published October 4, 1990, in The New News, a public hearing was conducted to consider amending Sections 9-2 B. (3) , 9-2 C. (4) (b) , 9-2 C. (4) (e) , 9-2 C. (4) (g) , 9-2 C. (4) (h) 1. , 9-2 C. (h) 2. , 9-2 C. (h) 5. , 9-3 A. (1) , 9-3 B. (2) , 9-3 B. (4) and 9-3 E. (1) (d) , 9-3 C. (4) , 9-3 D. (5) and 9-3 D. (6) , and 12-2 of the Weld County Subdivision Regulations. Thomas O. David, Weld County Attorney, made this matter of record. Chuck Cunliffe, Director of the Department of Planning Services, entered the favorable recommendation of the Planning Commission into the record. There were no public comments offered concerning this matter. Commissioner Lacy moved to approve amending said sections of the Weld County Subdivision Regulations. Commissioner Kirby seconded the motion, and it carried unanimously. This Certification was approved on the 22nd day of October, 1990. APPROVED: n / BOARD F COUNTY COMMISSIONERS ATTEST: C �` WELD TY, COLO O ` pai,,44 Weld County Clerk to the Board Gene R. Brantner, C airman Q/ \BY: ty Clerk a Boar n� George Clerk to t e Board Geo�Jrge Kgnnedy�re Tem Craga onsstta�ncee L.Harbert EXCUSED DATE OF APPROVAL C.W. Kir Go d . Lac TAPE #90-38 DOCKET #90-46 PL0098 900968 cl,: Exhibit "A" Section 9-2 B. (3) Clarifies that the public road rights-of-way are existing and future. Section 9-2 C. (4) (b) Establishes new requirements for preparing a Recorded ip Exemption plat. 0 M o Section 9-2 C. (4) (e) U o Clarifies the surveying requirements for a Recorded Exemption PI plat. o 03 o x Section 9-2 C. (4) (g) h W a Establishes new requirements for preparing a Recorded U Exemption plat. W N Section 9-2 C. (4) (h) 1. .. n 0 H44 Amends the property owner' s certificate on a Recorded W Exemption plat. o �7 2 Section 9-2 C. (h) 2. N H o H Amends the surveyor' s certificate on a Recorded Exemption r+ plat. Ln w M W Section 9-2 C. (h) 5. rn G, en z Establishes a new easement certificate on a Recorded CV• z Exemption plat. O U a Section 9-3 A. (1) a Clarifies the intent section for Subdivision Exemptions m0 ON concerning the creation of lots for financing purposes. N 1.0 ri O Section 9-3 B. (2) co w Clarifies the requirements for existing residential improvements when utilizing the Subdivision Exemption application process with the Recorded Exemption application process. 900968 Sections 9-3 B. (4) and 9-3 E. (1) (d) Establishes review criteria for utilizing the Subdivision Exemption for the creation of lots for financing purposes. Section 9-3 C. (4) � Establishes new plat requirements for Subdivision Exemptions. o � U Section 9-3 D. (5) and 9-3 D. (6) � o U Establishes new requirements for the Department of Planning o Services for reviewing and recording Subdivision Exemption O 41 3 plats. o w Section 12-2 ca 0 Deletes the Planned Unit Development Section to avoid o conflicts with the Planned Unit Development Section in the o a weld County Zoning Ordinance. N O � x x w o �1 ON C.) N 2 N N of ti U) a w Le) 5 cAw cAw O Mz N Z N a U a ag O N CO CO N i0 g W 900968 UBDIVISION REGULATIONS AMENDME Effective October 17, 1990 Amend Section 9-2 B. (3) to read: Existing or future 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. Amend Section 9-2 C. (4) (b) to read: The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size O of each sheet shall be either eighteen inches (18") in height by c c.) twenty-four inches (24") in width or twenty-four inches (24") in height O by thirty-six inches (36") in width. No mixing of sheet sizes is U allowed. No plat submitted shall contain any form of stick-on-type q material such as, but not limited to "sticky-back", adhesive film, or o W kroy lettering tape. The drawing shall be at a scale sufficient to o S show all necessary detail. rag n W 1. A photo mylar copy or diazo sensitized mylar copy of the original Oink drawing may be submitted. The material shall be at least 3 U mils or greater in thickness. W o rx N 2. The plat submitted will contain the original signatures and seals c w of all parties required to sign the plat. If a photo mylar copy H a or diazo sensitized mylar copy is submitted the original o signatures and seals shall be contained thereon. I-4 CT z Amend Section 9-2 C. (4) (e) by adding the following to the end of the v. \ W existing text: o E H The plat need not show the bearings, lengths, and curve data for any a — parcel in excess of 35 acres which is created through a Recorded in M W Exemption procedure provided the parcel can be described without O1 k+ completing a boundary survey. Any parcel to be created through a 0 re) Z Recorded Exemption procedure which is less than 35 acres in size shall N show the bearings, lengths, and curve data of the lot lines. If both o lots to be created through a Recorded Exemption procedure are less than U 35 acres, then the bearings, lengths, and curve data shall be shown aaround the perimeter of both lots. A boundary survey shall be required o m for any irregularly shaped parcel which does not have a natural co rn boundary and which cannot be accurately described without doing the ri o survey. The plat shall comply with the minimum standards for land W surveys and plats in Title 38, Article 51, Colorado Revised Statutes. Amend Section 9-2 C. (4) (g) to read: The plat shall include an accurate drawing of the tract and the proposed division into two lots. Lot 'A' shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of Lot 'A' , which shall be referenced to two (2) public land survey monuments of record. Approximate dimensions for the boundary of Lot 'B' , which need not be surveyed, shall be shown. Refer to Section 9-2 C. (4) (e) . The lots shall be designated "Lot A" (being the smaller parcel) and "Lot B" (being the larger parcel) . The acreage for Lot A shall be given while the remaining approximate acreage of Lot B shall be given. Existing public rights-of-way which provide access to the tract shall be shown. 1 '., 1 . All work shall comply with the requirements of C.R.S. 38-50-101, 38-51-101, 38-51-102, and 38-53-103, and 38-53-104. 2. All work shall comply with the requirements of the "Bylaws And Rules Of Procedure Of The State Board of Registration For Professional Engineers And Professional Land Surveyors" and the "Rules of Professional Conduct Of The State Board Of Registration For Professional Engineers and Professional Land Surveyors - Board H p Policy Statements." HU O 3. A signed copy of all Colorado Land Survey Monument Records for 1/400 indicated "Aliquot Corners" (C.R.S. 38-53-102 (2) ) will be c] submitted with the Recorded Exemption Plat. If any "Aliquot W corner" indicated on the plat is substantially as described in an o 0 3 existing monument record previously filed, and in the appropriate o a records of the Clerk and Recorder's, a copy of that monument 4411 record and a letter of certification stating that it is as 2 described on the Colorado Land Survey Monument Record shall be 0 submitted. U W a a Amend Section 9-2 C. (4) (h) 1 , to read: 0 D4 1. Property owner's certificate example. % W o U I (We) , the undersigned, being the sole owners in fee of the above CN described property do hereby subdivide the same as shown on the N H attached map. I (We) understand this property is located in the o E ( fill in the correct zone district ) zone district and is also H a intended to provide areas for the conduct of other uses by right, W accessory uses, and uses by special review. In D MW rn W rn Mz N (Signature) (Signature) O U % The foregoing certification was acknowledged before me this W day of A.D. , 19 Gz m My Commission Expires: _ N D H O W Notary Public Witness my Hand and Seal ,,,, -� r ),) 2 Amend Section 9-2 C. (4) (h) 2, to read: Surveyor's Certificate example. I, , a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Recorded Exemption plat was prepared under my personal supervision, and that -4O this plat is an accurate representation thereof. I further certify c U that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board Of • U Registration For Professional Engineers And Professional Land Q Surveyors, and Weld County. a oW O 3 o M Registered Land Surveyor, Colorado Registration # hW Q O U Date W ro a Add a new Section 9-2 C. (4) (h) 5. to read: 0 I-I a 5. Easement Certificate example. This certificate shall be used when W any easement crosses any of the proposed lots of the Recorded rn U Exemption. The plat shall also identify the benefitted lot and purpose of the easement. Z N N o E I (we) do hereby dedicate, for the benefit of the property(ies) shown ri a or described hereon, easements for the purposes shown or described W hereon. In D en c,4 ON G. O M N � (Signature) (Signature) O U a Amend Section 9-3 A. (1) to read: r;41 a The Subdivision Exemption is intended for the division of a parcel or mul m interest in a parcel which does not result in the creation of a new ti o residential or permanent building site, for adjustment of property lines between two contiguous parcels, creation of lots for the purpose G. of financing, and for the temporary use of a parcel for public utility facilities. Amend Section 9-3 B. (2) by adding the following sentence at the end of the existing text: A minimum of two existing residential improvements are required before an existing residential improvement can be removed from a parcel. Add a new Section 9-3 B. (4) to read: Lots created for the purpose of financing shall not result in the creation of a lot to be sold separately. Upon termination of the financing arrangements, the lot shall cease to exist. The lot shall not be less than one acre in size. 3 Add a new Section 9-3 E. (1) (d) to read: A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Add a new Section 9-3 C. (4) to read: If any such Subdivision Exemption is approved, a plat as described O below shall be submitted to the Department of Planning Services to be O U recorded in the office of the Weld County Clerk and Recorder. 03▪O (a) The plat shall be prepared by a registered land surveyor in the State of Colorado. Q a o (b) The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or q W other product of equal quality, three mils or greater in athickness. The size of each sheet shall be either eighteen inches O (18") in height by twenty-four inches (24") in width or W twenty-four inches (24") in height by thirty-six inches (36") in o a width. No mixing of sheet sizes is allowed. No plat submitted N w shall contain any form of stick-on-type material such as, but not • pG limited to "sticky-back", adhesive film, or kroy lettering tape. a The drawing shall be at a scale sufficient to show all necessary o W rn U detail. d z d A 1. photo mylar copy or diazo sensitize mylar N H y copy of the original o H ink drawing may be submitted. The material shall be at least 3 y mils or greater in thickness. a W M W 2. The plat submitted will contain the original signatures and seals m of all parties required to sign the plat. If a photo mylar copy O or diazo sensitized mylar copy is submitted the original N2 signatures and seals shall be contained thereon. O (c) The plat shall be titled, "Subdivision Exemption No. " (The appropriate number to be filled in by the Planning Department.) O 1/4O CO rn N O r-1 O M W C '31 4 (d) The plat shall include a complete and accurate legal description of the parcel(s) being created or exchanged, and new parcels which will result. 1. All work shall comply with the requirements of C.R.S. 38-50-101, 38-51-101, 38-51-102, and 38-53-103, and 38-53-104. 2. All work shall comply with the requirements of the "Bylaws And Rules Of Procedure Of The State Board of Registration For p Professional Engineers And Professional Land Surveyors" and the o U "Rules of Professional Conduct Of The State Board Of Registration For Professional Engineers And Professional Land Surveyors - Board U Policy Statements". A o W 3. A signed copy of all Colorado Land Survey Monument Records for 0 3 indicated "Aliquot Corners" (C.R.S. 38-53-102 (2) ) will be o a submitted with the Recorded Exemption Plat. If any "Aliquot a W� Corner" indicated on the plat is substantially as described in an a existing monument record previously filed, and in the appropriate 0 records of the Clerk and Recorder's, a copy of that monument 0 record and a letter of certification stating that it is as N described on the Colorado Land Survey Monument Record shall be n submitted. 0 -+ x W (e) The plat shall bear the following certifications: o �1 m U � z 1 . I (we) being the sole owner(s) in fee of the \ .W above described property do hereby request a Subdivision o E Exemption on the land as shown hereon. r-Icn Ln w M W 0 • rz+ (Signature) Mz N Z The foregoing certification was acknowledged before me this o day of , A.D. , 19 0124 W My commission expires: a o � co :71 N p N CLI O Notary Public Witness my Hand and Seal 5 2 . REGISTERED LAND SURVEYOR'S CERTIFICATE EXAMPLE. Surveyor's Certificate I , a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Subdivision Exemption plat was prepared under my personal supervision, and that this plat is an ti O accurate representation thereof. I further certify that the T-1 U survey and this plat complies with all applicable rules, 00 regulations, and laws of the State of Colorado, State Board H U Of Registration For Professional Engineers And Professional A Land Surveyors, and Weld County. a oW o 0 7 n W Registered Land Surveyor, Colo. Reg. # A A O 3. BOARD OF COUNTY COMMISSIONER'S CERTIFICATE EXAMPLE. This U o a certificate is used only when the Subdivision Exemption is N approved by the Board of County Commissioners in a public w o hearing. rig A W7 This plat is accepted and approved for filing. o O1U �z N H o E Chairman of the Board of County Commissioners •-tu) a Attest: N MW W O en en N Z N ry O W By a ow OD m Dated N 1/4O N O W W a.. ) 6 4. DEPARTMENT OF PLANNING SERVICES' ADMINISTRATIVE REVIEW CERTIFICATE EXAMPLE. This certificate is used only when the Subdivision Exemption is approved by the Department of Planning Services. This plat is accepted and approved for filing. + O ,40 O ti UO Department of Planning Services' Director W The foregoing certification was acknowledged before me this o O 3 day of , A.D., 19 WMy Commission expires: q a O O Q N ” a Notary Public Witness my hand and seal O Hx a W o ,.a � U \ `t Z Add a new Section 9-3 D. (5) to read: N H \W r•4 Submit to the Board for review any plat required under 9-3 C. (4) of Wthis Section which does not comply with the approved subdivision in a exemption. m W rn W o Add a new Section 9-3 D. (6) to read: en N Z N Submit to the Weld County Clerk and Recorder for recording plats of U a approved actions required in Section 9-3 C. (4) . W a Delete Section 12-2 O D1 00O1 N b .-1 O M W 7 NOTICE OF PUBLIC HEARING Docket No. 90-46 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 10:00 A.M. , on Wednesday, October 17, 1990, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 Tenth Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to the Weld County Subdivision Regulations as summarized below: Section 9-2 B. (3) Clarifies that the public road rights-of-way are existing and future. Section 9-2 C. (4) (b) Establishes new requirements for preparing a Recorded Exemption plat. Section 9-2 C. (4) (e) Clarifies the surveying requirements for a Recorded Exemption plat. Section 9-2 C. (4) (g) Establishes new requirements for preparing a Recorded Exemption plat. Section-9-2 C. (4) (h) 1. Amends the property owner's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 2. Amends the surveyor's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 5. Establishes a new easement certificate on a Recorded Exemption plat. Section 9-3 A. (1) Clarifies the intent section for Subdivision Exemptions concerning the creation of lots for financing purposes. nro Page 2 NOTICE OF PUBLIC HEARING - AMEND SUBDIVISION REGULATIONS Section 9-3 B. (2) Clarifies the requirements for existing residential improvements when utilizing the Subdivision Exemption application process with the Recorded Exemption application process. Sections 9-3 B. (4) and 9-3 E. (1) (d) Establishes review criteria for utilizing the Subdivision Exemption for the creation of lots for financing purposes. Section 9-3 C. (4) Establishes new plat requirements for Subdivision Exemptions. Sections 9-3 D. (5) and 9-3 D. (8) Establishes new requirements for the Department of Planning Services for reviewing and recording Subdivision Exemption plats. Section 12-2 Deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development Section in the Weld County Zoning Ordinance. All persons in any manner interested in the proposed amendments to the Weld County Subdivision Regulations are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: September 24, 1990 PUBLISHED: October 4, 1990, in The New News STATE OF COLORADO ) )s,s. NOTICE OF PUBLIC HEARING COUNTY OF WELD D�cketxo.9oty 'The Boers W County, Cormnieeionera of Weld County, if_lotaao, Hi conduct:reel David B. Reynolds, being duly sworn , Wednesday, toter R'edneaday, October 17, 1990 m says that he is the Chambers of the Board of Y publisher o f County Commissioners of Weld The New News, a weekly newspaper Bounty. Colorado, wain coanty uentenmal Center, 915 Tenth Street, First Floor, Greeley, published in Keenesburg in said County Colorado., for the Purponc of and State; that said newspaper has a C°`�rmg ameadatnents to,the county ized°D w: bore as summarized ow: general circulation in said County don9-2B. (3) Clvdles that public road and has been continously and way are existing and uninterruptedly published therein, �S2 C. (4) (b) during a Establishes new requirements period of at least for preparing a Recorded fifty—two consecutive weeks prior to Exemption pplat. Exemption Cl it fe) the first ClvHlea the survey publication of the annexed empnts for a Recorded notice; that said newspaper is a 9z��iU lg) Establishes new requirements newspaper within the meaning of the tar repanng a Recorded act of the General Assembly of the Qomp. ( Are: 2 C. t. 2 1. State of Colorado, entitled "An Act the property' owner's cafe on a Recorded to regulate the nmption plot.) 9 printing of legal AAmmo�C. (hthc; ' surveyor's notices and advertisements, " and cerWicate on a Recorded amendments thereto; that the notice E�non plot. p thin C.th)5.' bushed a new easement of which the annexed is a printed Esemptia pup a Receded copy taken from said newspaper, was � � (1) dies ilia intent section,for published in said newspaper, and in Dion ExemFtio: big the creation of Iota for the regular and entire issue of PM . every number thereof , es the requirrementa for residential improvements when utili2ing, the.; Subdivision Eirtuh n ap itta P once a week for aAA ma tecSraea Ezemp lion roceas. successive weeks; that said notice orut 9B. tar are 5.3a iu bushes review criteria for was so published in said newspaper ir y jp ilia Suhaivs. proper and not in any supplement t4Exar °tfor the treat'°" of iota For[iagncm p en •1F thereof , and that the first cb l ��py( publication of said notice as q� eMs "tolsubaliWldb aegis a Bre,'i D.'(S)eia'9-2 b. IS) aforesaid , was on the argistshes new reginretp0lita for the DeparmieM-of PWWtta Li day of () Ct , 19 _ill_, area a ng Subdivision reviewingleta e the.:...Planned Unit and the last on the f day of mwitth the Planned to unit } ment Stctlon m the Weld e. c—t • 19 rsons i iinNng dineany manner 1� nis to Weir?dunty , Cl /'� mated Regulations are �� ! ar quattad to attend and meY be Matpo�rlals pertslhin¢ to the. re a aPiimi, for public ins tionts ain the ace of the Miro the Subscribed and sworn to before Board of Conty Conmidssioners, Third ' Floor, Weld County Centennial Center, 915 Tenth C& Street, hrr ug GFriday,8 00 A M.Monday:00 me this ( 7 day of (11 1.�� , P qqRR[[yy B°COMMISSIIIpONgEARpSp - 19 21'. x ,,11 Q) ^,: wBY DO D.°WARDEN (i4,4‘ /1 ) u.. WEIR CO. THE BOARERK D ick nt,411 � ( •i ca.4,- BY: Shelly'Miller Deputy' DATED Se tember 24,191 0 PUBLISHED: October 4, 990, In The New News NOTICE OF PUBLIC HEARING Docket No. 90-46 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 10:00 A.M. , on Wednesday, October 17, 1990, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 Tenth Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to the Weld County Subdivision Regulations as summarized below: Section 9-2 B. (3) Clarifies that the public road rights-of-way are existing and future. Section 9-2 C. (4) (b) Establishes new requirements for preparing a Recorded Exemption plat. Section 9-2 C. (4) (e) Clarifies the surveying requirements for a Recorded Exemption plat. Section 9-2 C. (4) (g) Establishes new requirements for preparing a Recorded Exemption plat. Section-9-2 C. (4) (h) 1. Amends the property owner's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 2. Amends the surveyor's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 5. Establishes a new easement certificate on a Recorded Exemption plat. Section 9-3 A. (1) Oe^ r:r,r, . Clarifies the intent section for Subdivision Exemptions co erning the creation of lots for financing purposes. Page 2 NOTICE OF PUBLIC HEARING - AMEND SUBDIVISION REGULATIONS Section 9-3 B. (2) Clarifies the requirements for existing residential improvements when utilizing the Subdivision Exemption application process with the Recorded Exemption application process. Sections 9-3 B. (4) and 9-3 E. (1) (d) Establishes review criteria for utilizing the Subdivision Exemption for the creation of lots for financing purposes. Section 9-3 C. (4) Establishes new plat requirements for Subdivision Exemptions. Sections 9-3 D. (5) and 9-3 D. (8) Establishes new requirements for the Department of Planning Services for reviewing and recording Subdivision Exemption plats. Section 12-2 Deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development Section in the Weld County Zoning Ordinance. All persons in any manner interested in the proposed amendments to the Weld County Subdivision Regulations are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: September 24, 1990 PUBLISHED: October 4, 1990, in The New News DATE: September 24 , 1990 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 hearing for the 17th day of October, 1990 , at 10 : 00 A.M. Docket No. 90-46 - Amend Sections 9 and 12 of the Weld County Subdivision Regulations OFFICE/OF��T�HH�E CLERK TO THE BOARD BY: �f t U �r��v Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD F COUNTY COMMISSIONERS WELD TY, COLO O 27 • -: vi & AL. 0 Planning Commission Summary September 18, 1990 Page 6 MOTION: Jean Hoffman moved that Case Number Amended USR-208, Richard Hessee for a Site Specific Development plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone district be denied. Motion seconded by Ann Garrison for the following reason: 1. The proposal is not compatible with the existing surrounding land uses. Although the surrounding land uses include agriculture and oil and gas production, the past record and proposed expansion creates an intensive operation with negative spillovers which will lower the health and well being of the neighbors. These negative spillovers include: a. No buffer or greenbelt between the feedlot and the neighbors. a. Dust problems, even in the presence of a sprinkling system. b. Run-off ponds that are overflowing; the applicant has not attempted to correct this problem. c. Potential groundwater pollution. d. An inadequate manure removal and disposal plan. Cleaning the pens only twice a year leads to greater odor and fly problems. The application stated that the manure would be spread on the applicants land, but the quantity and location of this land is not stated in the application. e. The ability to check for gas leaks poses an additional hazard, which could impact the health and well being o£ the neighbors. 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. Judy Yamaguchi, - yes; Jean Hoffman - yes; Ann Garrison - yes; Richard Kimmel - yes; and Jerry Kiefer - yes. Motion carried unanimously. The Planning Commission will recommend denial of this application to the Board of County Commissioners. Consider proposed amendments to Sections 9 and 12 of the Weld County Subdivision Regulations. ,— 3 o-. x h,A.,_ Li / / Planning Commission Summary September 18, 1990 Page 7 APPEARANCE: Lanell Curry, Current Planner, read the staff recommendation that the proposed amendments be approved. The proposed amendments clarify existing sections of the text regarding the recorded and subdivision exemption application procedures, establishes new requirements for filing plats for recorded and subdivision exemptions, and deletes the planned unit development section to avoid conflicts with the planned unit development section in the Weld County Zoning Ordinance. The Chairman called for discussion from the audience. There was none. MOTION: Richard Kimmel moved to recommend the proposed amendments to Sections 9 and 12 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 recommendation presented by the Department of Planning Services' staff and the testimony of the applicant. Motion seconded by Jean Hoffman. 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. Richard Kimmel - yes; Jean Hoffman - yes; and Jerry Keifer - yes. Motion carried unanimously. The meeting was adjourned at 4:25. Respectfully submitted, I-5 as ,,� coo a Bobbie Good Secretary r C " ° ern 93 F1 II: 31 BEFORE THE WELD COUNTY, COLORADO, PLANNING,,, QMAISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OFCPIUNTY ltoMM SSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission the proposed amendments to Sections 9 and 12 of the Weld County Subdivision Regulations be approved. The proposed amendments clarifies existing sections of the text regarding the Recorded and Subdivision Exemption application procedures, establishes new requirements for filing plats for Recorded and Subdivision Exemptions, and deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development section in the Weld County Zoning Ordinance. Motion Seconded by Jean Hoffman. VOTE: For Passage Against Passage Jerry Kiefer Richard Kimmel Jean Hoffman The Chairman declared the resolution passed and ordered that a certified copy, along with the attached materials, 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 September 18, 1990, and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated the 18th of September, 1990. o� cko©a Bobbie Good Secretary C�'X- ki-&-1- Q 1 ✓ EXHIBIT INVENTORY CONTROL SHEET Case J., a/ Saz/zn�dI/f�dLDni 202,� Atzf-°-7-„,) 9(into(d g Exhibit n Submitted By Exhibit Description A. e t,C2 Conte Eta.4 ... ) B. _ C. � � f � ,0,t& E. F. G. H. I. J. R. r ?On-1 L. M. N. 0. Acitis‘ MEMORAnDum WilkTo Planning Commission Date September 18, 1990 COLORADO From Chuck Cunliffe subject: Subdivision Regulation Amendments The Department of Planning Services' staff recommends that the proposed amendments be approved. The proposed amendments clarifies existing sections of the text regarding the Recorded and Subdivision Exemption application procedures, establishes new requirements for filing plats for Recorded and Subdivision Exemptions, and deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development section in the Weld County Zoning Ordinance. T t., MEMORAnDum WireTo Planning Commission Date September 15, 1990 COLORADO From Chuck Cunli£fe (71_, 0 subject: Subdivision Regulation Amendments The proposed amendments to the Subdivision Regulations are summarized below. Section 9-2 B. (3) Clarifies that the public road rights-of-way are existing and future. Section 9-2 C. (4) (b) Establishes new requirements for preparing a Recorded Exemption plat. Section 9-2 C. (4) (e) Clarifies the surveying requirements for a Recorded Exemption plat. Section 9-2 C. (4) (g) Establishes new requirements for preparing a Recorded Exemption plat. Section-9-2 C. (4) (h) 1. Amends the property owner's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 2. Amends the surveyor's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 5. Establishes a new easement certificate on a Recorded Exemption plat. Section 9-3 A. (1) Clarifies the intent section for Subdivision Exemptions concerning the creation of lots for financing purposes. Planning Commission September 18, 1990 Page 2 Section 9-3 B. (2) Clarifies the requirements for existing residential improvements when utilizing the Subdivision Exemption application process with the Recorded Exemption application process. Sections 9-3 B. (4) and 9-3 E. (1) (d) Establishes review criteria for utilizing the Subdivision Exemption for the creation of lots for financing purposes. Section 9-3 C. (4) Establishes new plat requirements for Subdivision Exemptions. Sections 9-3 D. (5) and 9-3 D. (6) Establishes new requirements for the Department of Planning Services for reviewing and recording Subdivision Exemption plats. Section 12-2 Deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development Section in the Weld County Zoning Ordinance. SUBDIVISION REGULATIONS PROPOSED AMENDMENTS Amend Section 9-2 B. (3) to read: Existing or future 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. Amend Section 9-2 C. (4) (b) to read: The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size of each sheet shall be either eighteen inches (18") in height by twenty-four inches (24") in width or twenty-four inches (24") in height by thirty-six inches (36") in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. 1. A photo mylar copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least 3 mils or greater in thidness. 2. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted the original signatures and seals shall be contained thereon. Amend Section 9-2 C. (4) (e) by adding the following to the end of the existing text: The plat need not show the bearings, lengths, and curve data for any parcel in excess of 35 acres which is created through a Recorded Exemption procedure provided the parcel can be described without completing a boundary survey. Any parcel to be created through a Recorded Exemption procedure which is less than 35 acres in size shall show the bearings, lengths, and curve data of the lot lines. If both lots to be created through a Recorded Exemption procedure are less than 35 acres, then the bearings, lengths, and curve data shall be shown around the perimeter of both lots. A boundary survey shall be required for any irregularly shaped parcel which does not have a natural boundary and which cannot be accurately described without doing the survey. The plat shall comply with the minimum standards for land surveys and plats in Title 38, Article 51, Colorado Revised Statutes. Amend Section 9-2 C. (4) (g) to read: The plat shall include an accurate drawing of the tract and the proposed division into two lots. Lot 'A' shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of Lot 'A' , which shall be referenced to two (2) public land survey monuments of record. Approximate dimensions for the boundary of Lot 'B' , which need not be surveyed, shall be shown. Refer to Section 9-2 C. (4) (e) . The lots shall be designated "Lot A" (being the smaller parcel) and "Lot B" (being the larger parcel) . The acreage for Lot A shall be given while the remaining approximate acreage of Lot B shall be given. Existing public rights-of-way which provide access Co fre the tract shall be shorn. 4(NC �,. i '3 1 1. All work shall comply with the requirements of C.K.S. 38-50-101, 38-51-101, 38-51-102, and 38-53-103, and 38-53-104. 2. All work shall comply with the requirements of the "Bylaws And Rules Of Procedure Of The State Board of Registration For Professional Engineers And Professional Land Surveyors" and the "Rules of Professional Conduct Of The State Board Of Registration For Professional Engineers and Professional Land Surveyors - Board Policy Statements." 3. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners" (C.R.S. 38-53-102 (2)) will be submitted with the Recorded Exemption Plat. If any "Aliquot corner" indicated on the plat is substantially as described in an existing monument record previously filed, and in the appropriate records of the Clerk and Recorder's, a copy of that monument record and a letter of certification stating that it is as described on the Colorado Land Survey Monument Record shall be submitted. Amend Section 9-2 C. (4) (h) 1. to read: 1. Property owner's certificate example. I (We) , the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I (We) understand this property is located in the ( fill in the correct zone district ) zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. (Signature) (Signature) The foregoing certification was ad nowledged before me this day of A.D. , 19 My Commission Expires: Notary Public Witness my Hand and Seal 093!) 2 Amend Section 9-2 C. (4) (h) 2. to read: Surveyor's Certificate example. I, , a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Recorded acemption plat was prepared under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board Of Registration For Professional Engineers And Professional Land Surveyors, and Weld County. Registered Land Surveyor, Colorado Registration # Date Add a new Section 9-2 C. (4) (h) 5. to read: 5. Easement Certificate example. This certificate shall be used when any easement crosses any of the proposed lots of the Recorded Exemption. The plat shall also identify the benefitted lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. (Signature) (Signature) Amend Section 9-3 A. (1) to read: 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, creation of lots for the purpose of financing, and for the temporary use of a parcel for public utility facilities. Amend Section 9-3 B. (2) by adding the following sentence at the end of the existing text: A minimum of two existing residential improvements are required before an existing residential improvement can be removed from a parcel. Add a new Section 9-3 B. (4) to read: Lots created for the purpose of financing shall not result in the creation of a lot to be sold separately. Upon termination of the financing arrangements, the lot shall cease to exist. The lot shall not be less than one acre in size. SA ,C9 3 Add a new Section 9-3 E. (1) (d) to read: A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Add a new Section 9-3 C. (4) to read: If any such Subdivision 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 Cleric and Recorder. (a) The plat shall be prepared by a registered land surveyor in the State of Colorado. (b) The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size of each sheet shall be either eighteen inches (18") in height by twenty-four inches (24") in width or twenty-four inches (24") in height by thirty-six inches (36") in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. 1. A photo %der copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least 3 mils or greater in thickness. 2. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted the original signatures and seals shall be contained thereon. (c) The plat shall be titled, "Subdivision Exemption No. " (The appropriate number to be filled in by the Planning Department.) gC Y 3`} 4 (d) The plat shall include a complete and accurate legal description of the parcel(s) being created or exchanged, and new parcels which will result. 1. All work shall comply with the requirements of C.R.S. 38-50-101, 38-51-101, 38-51-102, and 38-53-103, and 38-53-104. 2. All work shall comply with the requirements of the "Bylaws And Rules Of Procedure Of The State Board of Registration For Professional Engineers And Professional Land Surveyors" and the "Rules of Professional Conduct Of The State Board Of Registration For Professional Engineers And Professional Land Surveyors - Board Policy Statements". 3. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners" (C.R.S. 38-53-102 (2)) will be submitted with the Recorded Exemption Plat. If any "Aliquot Corner" indicated on the plat is substantially as described in an existing monument record previously filed, and in the appropriate records of the Clerk and Recorder's, a copy of that monument record and a letter of certification stating that it is as described on the Colorado Land Survey Momment Record shall be submitted. (e) The plat shall bear the following certifications: 1. I (we) being the sole owner(s) in fee of the above described property do hereby request a Subdivision Exemption on the land as shown hereon. (Signature) The foregoing certification was acknowledged before me this day of , A.D. , 19 My commission expires: Notary Public Witness my Hand and Seal t?r oa. 3 . 5 2. REGISTERED LAND SURVEYOR'S CERTIFICATE EXAMPLE. Surveyor's Certificate I, , a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Subdivision Exemption plat was prepared under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board Of Registration For Professional Engineers And Professional Land Surveyors, and Weld County. Registered Land Surveyor, Colo. Reg. $ 3. BOARD OF COUNTY COMMISSIONER'S N ' CATE EXAMPLE. This certificate is used only when the Subdivision Exemption is approved by the Board of County Commissioners in a public hearing. This plat is accepted and approved for filing. Chairman of the Board of County Commissioners Attest: By Dated °j j 6 4. DEPARTMENT OF PLANNING SERVICES' ADMINISTRATIVE REVIEW CERTIFICATE EXAMPLE. This certificate is used only when the Subdivision Exemption is approved by the Department of Planning Services. This plat is accepted and approved for filing. Department of Planning Services' Director The foregoing certification was ad nowledged before me this day of , A.D. , 19 Ny Commission expires: Notary Public Witness my hand and seal Add a new Section 9-3 D. (5) to read: Submit to the Board for review any plat required under 9-3 C. (4) of this Section which does not comply with the approved subdivision exemption. Add a new Section 9-3 D. (6) to read: Submit to the Weld County Clerk and Recorder for recording plats of approved actions required in Section 9-3 C. (4) . Delete Section 12-2 P 7 C(11. DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C� COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing at 1:30 p.m. on Tuesday, September 18, 1990, in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of considering amendments to the Weld County Subdivision Regulations. The proposed amendments are summarized here. Section 9-2 B. (3) Clarifies that the public road rights-of-way are existing and future. Section 9-2 C. (4) (b) Establishes new requirements for preparing a Recorded Exemption plat. Section 9-2 C. (4) (e) Clari,` a surveying requirements for a Recorded Exemption plat. Section 9-2 C. (4) (g) Establishes new requirements for preparing a Recorded Exemption plat. Section-9-2 C. (4) (h) 1. Amends the property owner's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 2. Amends the surveyor's certificate on a Recorded Exemption plat. Section 9-2 C. (h) 5. Establishes a new easement certificate on a Recorded Exemption plat. �� XI J Legal Notice Subdivision Regulation Amendments Page 2 Section 9-3 A. (1) Clarifies the intent section for Subdivision Exemptions concerning the creation of lots for financing purposes. Section 9-3 B. (2) Clarifies the requirements for existing residential improvements when utilizing the Subdivision Exemption application process with the Recorded Exemption application process. Sections 9-3 B. (4) and 9-3 E. (1) (d) Establishes review criteria for utilizing the Subdivision Exemption for the creation of lots for financing purposes. Section 9-3 C. (4) Establishes new plat requirements for Subdivision Exemptions. Sections 9-3 D. (5) and 9-3 D. (6) Establishes new requirements for the Department of Planning Services for reviewing and recording Subdivision Exemption plats. Section 12-2 Deletes the Planned Unit Development Section to avoid conflicts with the Planned Unit Development Section in .the Weld County Zoning Ordinance. All persons in any manner interested in the proposed amendments to the Weld County Subdivision Regulations are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Jerry Kiefer, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by September 6, 1990 Received by: r� Date: .T',)q. k(y.9 `i Hello