HomeMy WebLinkAbout921835.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons 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The Weld County Subdivision Regulations dated November 28, 1990,be repealed and
that Weld County Subdivision Ordinance 173 be adopted.
The Ordinance will establish rules, regulations, and standards governing the
subdivision of land within the unincorporated areas of Weld County. The
Ordinance will not conflict with the Weld county Comprehensive Plan or Zoning
Ordinance.
Motion seconded by Richard Kimmel.
VOTE:
For Passage Against Passage
Richard Kimmel
Jean Hoffman
Juliette Kroekel
Don Feldhaus
Shirley Camenisch
Bud Clemons
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, Sharyn Ruff, 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
November 5, 1992.
Dated the 5th Sf Nov�erher, 1992.
\11:10119VC:22 /
Sharyn F. Ruff
Secretary
a2.- 1136
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°P lanning`C omm i s's i on November 5', 1992
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__ i .Department of Planning S�eryices C = _ -=_
COLORADO-" - From'
-: - = ,, •, '' Proposed Subdivision Ordinance 1732- _ --' _ '
The':Department-_of-Planning-Services-recommends that the Weld>>County-Subdivision=' •
-'•Regulations_.dated-November 28 1990,-be repaled=and-that Weld c_c/grity Subdivision - -
Ordinance 1-7.3 be'adopted - •- - _ _ _
The-Ordinance wi11 establish'rules,-_regulations, and-standards governing the: -
-subdivision;of-•land within_ntlie'unincorporated-=areas_ of-_:Weid .County The-.-
- -Ordinance will not_conflict.with..the=_Weld c ounty Comprehensive Plan or-Zoning:-,
_Ordinance. .• - _ < -
_
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''= - .• D EPARTMEN T OF PLANNING SERVICES
r-n - • -- PHONE-(303)353-3845,EXT.3540
1 C - - = " _WELD"COUNTYADMINISTRATIVE-OFFICES _-II
- - -.-- 1400_N.17TH AVENUE
~GREELEY,COLORADO=80631
COLORADO _: - ` _ - __ .
. r
NOTICE OF PUBLIC-HEARING-_--
-- = The-Weld;County Planning,Commissio n will conduct-.a-public".hea ,7 ring at .30,p.)m; -
- on Thurs day.,,'November'5;:1992; in the County Commissioners-Hear-ing Room (:101),__ __
First Floor,_Weld-County Centennial Center; 915 Tenth St_tree t,,..:Cree°ley,"Colorado,
x for-the_',purpose .of-'"coniider-ing'-'the' repeat- of-the We1d=-,County Subdivision=, _
Regula'tions-;__:dated-November='28 1990, and,adopting the Weld:.County.:..Subdivision-
Ordinance establishing_rules;" regulations, and -standards:.;"governing the: •
- - subdivision-of land-within'-the unincorporated-areas of.;Weld.County. - _ : .. -
All persons in-'any.,manner interested are;requested_to attend=the:hearing'and,may -
be:;heard. _ -_ _ - - -v -'---- ; - _ _ -
y, 'Copies ofthe-proposed.Subdivision:Ordinance are,:availab•le for public inspection: "
- iii-the office-'of::the.De artment of'Planning Services Weld CountyAdminis:trative--= -
-. Offices;_-1400" N.,:17th Avenue, =:Greeley',°:Colorado Phone Number -35.3=-3845, - - -
- - -. Extens-ion.3540 : -_ _= : . :-- _ __ - -
Judy Yamaguchi_, Chairperson:- - - --
r
- Weld-County PI-arming:Commission • . " __ --
-
:-- - - To-be-published=in the Windsor-Beacon. - --
: To be-published one (1-) time:ky 0ctober.22;-r1992�. - '`
_
Received:by:._ • —� - - - --_
- —-
AFFIDAVIT PF PUBLICATION •
STATE OF COLORADO
ss
COUNTY OF WELD
I,KEITH HANSEN,of said County of Weld,being duly
sworn,say that I am publisher of •
WINDSOR BEACON
NOTICE OF eO5U HEARING
•
The Weld County Planning a weekly newspaper having'a general circulation in said
Commission will conduct a County and State,published in the town of WINDSOR,
public hearing at 1:30 p.m.on in said County and State;and that the notice,of which
Thursday,November 5,1992,in
the County Commissioners the annexed is a true copy,has been published in said
Hearing Room 0101,First weekly for L successive weeks,that the notice
Floor,Weld County Centennial
•
Center,915 Tenth Street, was published in the regular and entire issue of every
Greeley,Colorado,for the number of the paper during the period and time of
purpose of considering the
repeal of the Weld County publication,and in the newspaper proper and not in a
Subdivision Regulations,dated supplement,and that the first publication of said notice
November 28, 1990,and PP
adopting the Weld County was in said paper beating the date of the
Subdivision Ordinance
estabikhing rules,regulations, w'
and standards governing the azWkday of 60f9 f/€f ,AD. 1997-and
subdivisbn of land within the the last publication bearing the date of the
unincorporated areas of Weld P g
County.
day of ,A.D:,19_and
All persons in any manner
Interested are requested to that the said WINDSOR BEACON has been published
attend the hearing and may be continuously and uninterruptedly for the period of 5
heard. consecutive weeks,in said County and•State,prior to the
Copies of the proposed date of first publication of said notice,and the same is a
Subdivision Ordinance are
available tor sction In newspaper within.the meaning of an Act to regulate
the office of the Department of printing of legal notices an�/advertisements,approved
Planning Services,Weld County
Adndnlstratne Mims.1400 N.' May 18;1931,and all prior acts sd far as in force.
17th Avenue,Greeley,Colorado
•
-Phone Number 353-3945, /�/ �' `
Extension 3540.• �� /
•Judy Yamaguchi,Chairperson, L� `: /r' /�
Weld County Planning P LISHER
Commission
Published in the Windsor '[SubscrC i)�,_a.pd/1sw,or to before me this 3A _ day
Beacon on October 22,1992. of l t 7de4sp� 19.7z-
•
NOTARY PU,BLIG :10
� V >
My commission expires Pixel
•
n5n'�
V ti�
•
NOV 0 4 1992 '
Weld County Planning
•
r" III. STATUTORY,BASIS OF SUBDIVISION REGULATION BY COLORADO
COUNTIES
A. PRINCIPAL STATUTORY SECTIONS. See C.R.S., 1973, as
amended, Sections 30-28-101(1);(5),(6),(8),(9),(10) and
(11); 30-28-102; 30-28-110; 30-28-133; 30-28-136; 30-
28-137.
B. DEFINITIONS. The definition of "subdivision" or
. "subdivided land" is set forth at Section 30-28-
101(10). It is a tricky definition. It contains a
definition not only of what subdivision is, and
therefore what 'it is not, but it also excludes or
exempts certain transactions which would otherwise
constitute a subdivision. •It also contains some
• procedural law to be followed by counties..,
1. 30-28-101(10)(a) sets forth the basic definition
of "subdivision" as meaning a) any parcel of land
in-the state which is to be used for condominiums,
apartments or multiple dwelling units, or b) any
parcel of land which is divided into two or more
. parcels,•separate.interests or interests in
common.
2. 30-28-101(10))b) and (c) exempt several divisions
which would otherwise fall within the stated
definition. •
a.) Subparagraph (b) exempts divisions which •
create parcels of land where each such parcel
(after division) consists of thirty-five (35)
or more acres of land AND where none of the
parcels is intended for use by multiple
. owners.
b.) Subparagraph (c)` exempts 9 categories of
divisions but only where the method.of
disposition resulting in, or creating, the
• division is--NOT adopted_:for---the_...purpose,of
• evading subdivision regulations. The 9
categories exempted are;•
i) Divisions of land which creates parcels,
such that the land area of each of the
parcels, when divided by the number of
• interests in any such parcel, results in
35 or more acres per interest.
ii) Divisions which could be created by a
court pursuant to the law of eminent
page 3
o
domain, or by operation of law or by
(c- • order of any court_in this state IF the
BOCC is given timely notice.of such
action-by the court and given the
opportunity to join as a party in
interest to the action for the purpose .
of raising the issue of evasion. The
BOCC has only 20 days after receipt of
• notice from the court within which to
file a response.
iii) Divisions•created by lien, mortgage,
• deed of trust or other security •
instrument.
iv) Divisions created by interests in
investment trusts or other investment
entities '
v) Divisions which create cemetery lots •
vi) Divisions which.create interests in oil, •
gas, minerals or water which is severed
from surface ownership.
vii) Divisions created by acquisition of land
in joint tenancy or as tenants in •
common.
•
Division created by combination of
• contiguous parcels into one•larger
parcel; if the resulting parcel is less
than 35 acres only°one'interest in land
• is allowed;•if it is larger than 35 .
. acres the land area divided by the
number of interests must result i 35 or
more acres per interest. -•
ix) Division created by a contract of sale
of•the land which is contingent upon
purchaser obtaining subdivision
approval. •
3. 30-28-101(10)(d) provides that the BOCC may, by
regulation or:resolution exempt from the term
"subdivision" any division that it determines is.
not within the purpose of subdivision law'and
regulation.
•
page 4
f�
o
C. SUBDIVISION REGULATIONS
1. 30-18-102 provides the express legal authorization
for counties to regulate the use and development
of all land in the unincorporated territory within
each county.
2. 30-28-133 requires all counties to adopt and
enforce subdivision regulations. This section
also requires that certain matters be addressed in
all subdivision regulations and that certain
minimum standards be observed.
3. All subdivision regulations must require certain
submittals from each subdivider. Included are:
a.) A survey of the property and a list of
ownership interest in both surface and sub-
surface estates.
b.) Site characteristics including streams,
lakes, vegetation,,topography, soil types and
significant geologic characteristics.
c.) A plat and related documentation showing the
layout of the entire development area, number
of proposed dwelling units, water system
daily requirements, sewage treatment, cost
and method of financing public improvements
and drainage plans.
d.) Evidence of a sufficient water supply in
terms of quality, quantity and dependability.
4. All subdivision regulations must, as a minimum,
contain provisions governing several matters.
Included are:
a.) School and Park sites where reasonably
necessary to serve the subdivision.
Reservation of such sites for acquisition by
the County and/or provisions for dedication
of such sites or the payment of money for the
same.
b.) Standards and technical requirements for
storm Water drainage systems, sanitary sewer
and water systems.
5. Subdivision regulations may include, and most
often do, many other matters which must be
page 5
O . I) HOUSE •
2) BARN
3) C❑RRAL.
_ 4) FEED BUNKER ETC,
5) COUNTY MAINT, SHED
EX = EXISTING ACCESS
PR = PROPOSED ACCESS.
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RECORDED EXEMPTION QUESTIONNAIRE
1. Explain the reason for the proposed recorded exemption and how each
proposed lot will bejused.
2. Describe the location, size and present use_ of the area,where each
proposed new lot will be created.
3. Explain how the proposal is consistent with the Weld County Comprehensive
• Plan and any adopted municipal plan, if applicable.
4. Explain how the uses permitted will be compatible with existing uses
surrounding the proposed recorded exemption.
5. Explain how the proposal is consistent with the intent of the zoning
district it is located within.
6. Explain how the proposal is consistent with efficient and orderly
development.
7. Explain how adequate provision for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and the County will be
accomplished.
RECORDED EXEMPTION STANDARDS
The water supply for both lots as proposed by the recorded exemption application
is adequate in terms of quality, quantity, and dependability;
An adequate sewer service is available to serve the uses permitted on both
proposed lots. The sewer service shall comply with the requirements of the
applicable zone district and the Weld County Health Department.
An adequate legal access exists for both proposed lots to a public road;
The proposed recorded exemption will comply with the Weld County Zoning
Ordinance, Section 50, Overlay District Regulations;
The minimum size of any lot proposed is not less than one (1) acre, except where
smaller lot sizes are allowed in the zone district or where exempted by the Board
of County Commissioners;
The decision to approve a recorded exemption may be conditioned to mitigate
impacts or address concerns of referral agencies. Existing or future public
rights-of-way shall be dedicated or reserved in conformance with the Weld County
Comprehensive Plan or master plans of affected municipalities;
The recorded exemption application shall include the total contiguous land
ownership, except in the A (Agricultural) district. In the A (Agricultural)
district when a contiguous ownership equals at least twice the minimum lot size,
a portion of the lot equal to the minimum lot size may be used.
The proposed recorded exemption is not part of an approved recorded exemption
within the last five (5) years;
The proposed recorded exemption is not part of an approved subdivision or
recorded subdivision plat or unincorporated community legally filed prior to
adoption of any regulations controlling subdivisions; and
The proposed recorded exemption does not evade the requirement and statement of
purposes as set forth in Section 1.3 of this Ordinance.
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING,
SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
,The TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a.careful search of its records, and finds the
following conveyances affecting the-real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
CONVEYANCES (if none appear, so state):
Reception No. , Book
Reception No. Book
Reception No. , Book
Reception No. Book
Reception No. , Book
Reception No. Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion
of Title, nor a guarantee Title, and the liability of
COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, COMPANY
has caused this certificate to be signed by its proper officer this day-
of , A.D.,.19 . at J o'clock.
COMPANY
By:
AUTHORIZED SIGNATURE
•
•
- APPLICATION FOR RECORDED EXEMPTION
PHONE: (303) 353-6100, Ext. 3540
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado •80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
•CASE NO. • - RECORDING FEE
.ZONING DISTRICT . RECEIPT NO. .
DATE APPL. CHECKED'BY
TO BE COMPLETED BY.APPLICANT: (Print or type only except for required
signatures)
•
I (we), the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
'LEGAL DESCRIPTION.:
TOTAL ACREAGE:
Has this property been divided from.or had divided from it any other property
since August 30, 1972? Yes No•
Is this parcel•of land under consideration the total contiguous land owned by the
applicant? Yes No •
FEE OWNERS OF PROPERTY:
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Smaller Parcel
TYPE OF SEWER: Larger Parcel Smaller Parcel
PROPOSED USE: Larger Parcel Smaller Parcel
ACREAGE: Larger Parcel Smaller Parcel
EXISTING DWELLINGS: (Yes or No) (Yes or No)
I hereby depose and state under the penalties of perjury that all statements,
•proposals, and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge:
COUNTY OF WELD ) •
STATE OF COLORADO )
Signature: Owner or Authorized Agent
Subscribed and sworn to before me:this day of , 19
(SEAL)
Notary Public •
My Commission Expires
REVISED: March 1994
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"Subdivision" or "Subdivided Land"
Any parcel of land in the state which is to be used for condominiums,
apartments, or any other multiple-dwelling units, unless such land when
previously subdivided was accompanied by a filing which complied with
these provisions and with substantially the same density, or which is
divided into two or more parcels, separate interests, or interests in
common, unless exempted under the preceding paragraphs. "Interests"shall
include any and all interests in the surface of land but exclude any and
all subsurface interests.
The terms "subdivision" and "subdivided land" shall not apply to any
division of land which create parcels of land each of which comprise
thirty-five or more acres of land and none of which is intended for use by
multiple owners.
Unless the method of disposition is adopted for the purpose of evading
these regulations, the terms "subdivision" and "subdivided land", as
defined in this Section 2.19, shall not apply to any division of land:
(I) Which creates parcels of land, such that the land area of each of
the parcels, when divided by the number of interests in any such
parcel, results in thirty-five or more acres per interest;
(II) Which could be created by any court in this state pursuant to the
law of eminent domain, or by operation of law, or by order of any
court in this state if the Board of the county in which the property
is situated is given timely notice of any such pending action by the
court and given opportunity to join as a party in interest in such
proceeding for the purpose of raising the issue of evasion prior to
entry of the court order; and, if the board does not file an
appropriate pleading within twenty days after receipt of such notice
by the court, then such action may proceed before the court;
(III) Which is created by a lien, mortgage, deed of trust, or any other
security instruments;
(IV) Which is created by a security or unit of interest in any investment
trust regulated under the laws of this state or any other interest
in an investment entity;
(V) Which creates cemetery lots;
(VI) Which creates an interest in oil, gas, minerals, or water which is
severed from the surface ownership of real property;
(VII) Which is created by the acquisition of an interest in land in the
name of a husband and wife or other persons in joint tenancy or as
tenants in common, and any such interest shall be deemed as only one
interest;
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(VIII)(VIII) Which is created by the combination of contiguous parcels of
land into one larger parcel. If the resulting parcel is less
than thirty-five acres in land area, only one interest in said
land shall be allowed. If the resulting parcel is greater
than thirty-five acres in land area, such land area, divided
by the number of interests in the resulting parcel, must
result in thirty-five or more acres per interest. Easements
and rights-of-way shall not be considered interests;
(IX) Which is created by a contract concerning the sale of land which is
contingent upon the purchaser's obtaining approval to subdivide,
pursuant to this article and any applicable county regulations, the
land which he is to acquire pursuant to the contract; and
(X) Created by agreement to resolve uncertainty, doubt, or conflict
regarding a common boundary. A boundary may be determined and
permanently established by written agreement of all parties
affected. The agreement must be signed and acknowledged by each
property owner as required for conveyance of real estate. The
agreement must be accompanied by a plat showing the resolution of
the boundary in question. The plat and agreement shall be recorded
as an instrument affecting real estate, and shall be binding upon
heirs, successors, and assigns.
The Board may, pursuant to rules and regulations or Ordinance, exempt from this
definition of the terms "subdivision"and"subdivided land"any division of land
if it determines that such division is not within the purposes of this
definition.
APPROVAL CRITERIA
Conformance with the Weld County Comprehensive Plan and any adopted municipal
plan when the recorded exemption application is within a three (3) mile radius
of a municipality;
Compatibility with existing surrounding land uses;
Consistency with the intent of the zone district the recorded exemption is
located within;
Consistency with efficient and orderly development;
Compliance with the recorded exemption standards set forth in Section 11.8; and
Adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
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