HomeMy WebLinkAbout962323.tiff 72dWe ;n9
ORDINANCE NO. 173-D
IN THE MATTER OF AMENDMENTS TO ORDINANCE NO. 173,WELD COUNTY SUBDIVISION
ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of 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 has the power and authority, under the
Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt
subdivision regulations for the unincorporated areas of the County of Weld, State of Colorado, and
WHEREAS,the Board of County Commissioners of Weld County, Colorado, has previously
adopted Ordinance No. 173, Weld County Subdivision Ordinance, establishing a comprehensive
revision of the subdivision regulations for unincorporated areas of the County of Weld, and has
adopted amendments in Ordinance No. 173-A through Ordinance No. 173-C, and
WHEREAS, said Ordinance No. 173 is in need of revision and clarification with regard to
Recorded Exemption procedures and requirements therein.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as
amended, are repealed and re-enacted, with amendments, and the various sections are revised
to read as follows:
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SECTION 11: RULES AND REGULATIONS FOR EXEMPTIONS
11.3 Submittal Requirements
The following information shall be completed and submitted to the Department of
Planning Services as part of the recorded exemption application:
11.3.13 A recorded exemption sketch map drawn at a suitable scale on a sheet of
paper 8% by 11 inches. The sketch map shall be legible and include the
following information:
11.3.13.1 The boundary of the proposed recorded exemption property.
11.3.13.2 The boundaries of the two all lots created by the proposed
recorded exemption.
11.3.13.3 A north arrow.
11.3.13.4 The location of aAll existing and proposed driveways and
accesses associated with either lot.
11.7 Recorded Exemption Plat
11.7.1 A recorded exemption plat shall be prepared after a recorded exemption
application is approved. The plat shall be submitted to the planner for
recording in the office of the Weld County Clerk and Recorder. The plat shall
meet the following requirements:
11.7.1.1 The plat shall be prepared by a registered land surveyor in the
State of Colorado.
11.7.1.2 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 millimeters or
greater in thickness. The size of each 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. The mixing of sheet sizes is prohibited. 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 sufficient scale to show all necessary detail.
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11.7.1.3 A photo Mylar copy or diazo sensitized Mylar copy of the original
ink drawing may be submitted. The material shall be at least
three (3) mils or greater in thickness.
11.7.1.4 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.
11.7.1.5 The plat shall be titled, "Recorded Exemption No. ".
The Department of Planning Services shall fill in the appropriate
number.
11.7.1.6 The plat and legal description shall include all contiguous land
owned by the applicant or as provided in accordance with
Section 11.8.7 of this Ordinance.
11.7.1.7 The plat need not show the bearings, lengths, and curve data for
any lot in excess of 35 acres created through a recorded
exemption procedure provided the lot can be described without
completing a boundary survey. Any lot 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 around the perimeter of
both lots. A boundary survey shall be required for any irregular
shaped lot which does not have a natural boundary and cannot
be accurately described without standards for land surveys and
plats in Title 38, Article 51, Colorado Revised Statutes.
11.7.1.8 The plat shall include a vicinity sketch map at a suitable scale.
The map shall locate the recorded exemption lots with respect
to adjacent roads and other major land features. The map shall
also include the location of all proposed and existing accesses.
11.7.1.9 The plat shall include an accurate drawing of the two-(2)
approved lots. The smaller parcel shall be designated "Lot A"
and the larger porccl "Lot B". The acreage for "Lot A" and "Lot
B" shall be given. The acreage for "Lot A" shall be accurately
surveyed and the drawing shall include bearings, distances, and
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eurve data for all lines of "Lot A", which shall be referenced to
two (2) public land survey monuments of record. "Lot B" shall
also be surveyed, if required by Section 11.7.6, unless it is 35
acres or greater and the approximate dimensions for the
boundary of Lot B can be given. Existing public rights-of way
providing access to both lots shall be shown.The plat shall
include an accurate drawing of the approved lots.
11.7.1.9.1 Two (2),tlot'Recorded Exemption.`' The smaller parcel shall be
designated Lot A and the larger parcel Lot B. The acreage for
Lots A and B shall be given. The acreage for 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.
Lot B shall also be surveyed, if required by Section 11.7.1.7 of
this Ordinance, unless it is 35 acres or greater and the
approximate dimensions for the boundary of Lot B can be given.
Existing public rights-of-way providing access to both lots,shall
be shown.
11.7.1.9.2 Three (3)-lot Recorded Exemption. The two (2) smaller parcels
shall be designated Lot A and Lot B. The acreage for Lot A and
Lot B shall be accurately surveyed and the drawing shall include
bearings, distances, and curve data for all lines of Lot A and Lot
B, which shall be referenced to two (2) public land survey
monuments of record. The one (1) larger parcel shall be
designated Lot C. Lot C shall also be surveyed, if required by
Section 11.7.1.7 of this Ordinance, unless the approximate
dimensions for the boundary of Lot C can be given. Existing
public rights-of-way providing access to all lots shall be,shown.
11.8 Recorded Exemption Standards -- A recorded exemption application shall comply with
all of the following standards:
11.8.1 The water supply for both all lots as proposed by the recorded exemption
application is adequate in terms of quality, quantity, and dependability.
11.8.2 An adequate sewer service is available to serve the uses permitted on both
all proposed lots. The sewer service shall comply with the requirements of
the applicable zone district and the Weld County Health Department.
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11.8.3 An adequate legal access exists for both alt,proposed lots to a public road.
All accesses shall be in accordance with Section 3 of the "Weld County
Public Works Policies", Ordinance No. 180, as amended.
11.8.4 The proposed recorded exemption will comply with the Weld County Zoning
Ordinance, Section 50, Overlay District Regulations.
11.8.5 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.
11.8.6 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 and any adopted intergovernmental
agreements, or master plans of affected municipalities.
11.8.7 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 (160 acres), a portion of the lot equal to the minimum lot size (80 acres)
may be used in the recorded exemption application. The three (3)-lot
recorded exemption application shall include tha totall:contiguous land
ownership equal to no less than twice the minimum lot size (160 acres) in
the A(Agricultural)Zone District. The fact that the applicant has conveyed,
within the last calendar year, land.which would have been considered
contiguous had it been retained,may be considered as evidence of an intent
to evade the purpose provisions of;:Sections 1.3 and 11.2.1 of this
Ordinance.
11.8.8 The proposed recorded exemption is not part of an approved a recorded exemption
approved within the last ten (10) years. This provision shall not apply in any
commercial or industrial zone district.
11.8.9 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.
11.8.10 The proposed recorded exemption does not evade the statement of purpose
as set forth in section 1.3 of this Ordinance.
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11.9 Three(3)-Lot Recorded Exemption
1'19;1 Ownersof land are eligible to apply for a three(3)-lot recorded exemption only when
there is at least twice the contiguous minimum lot size (160 acres) in the A
(Agricultural)Zone District.
11;9.2 A three (3)-lot recorded exemption corlsis1ifg,of three parcels; two of which`are
parcels less than 35 acres in size, may be established in the A(Agricultural)Zone
District when total contiguous ownership is equal to at least twice the minimum lot
size and if the largest resulting parcel is at least 120 acres in size,
11;9.3 The'three(3)-lot recorded exemption process is described ln,SSedbon 11.3 through
11.8 of this Ordinance:
11.910 Recorded Exemption Correction
11.9'1;0.1 The Board or planner may approve a correction to a recorded exemption.
The correction shall only address technical errors where such correction is
consistent with the approved plat and application. Technical errors include,
but are not limited to, correcting scrivener errors on the plat and correcting
survey errors.
11;10:1:1' A reconfiguration correction may be approved`by the Board or.planner when`the
parcels of the existing recorded exemption are reconfigured in a way which does not
substantially change the number of total acres in the original recorded exemption,
and creates no additional parcels.
ii...10.1.2 The date for calculating compliance with'the timing'provisions of Section 11:8.8'shall
be the date of the most recent previous recorded exemption associated with the
parcel not the date of the correction,
11. 911 Recorded Exemption:Amendments (with no time change)
11.4911.1 Any change to a previously approved recorded exemption which is not a
correction as defined in Section 11.9 of this Ordinance, shall be processed
as a new recorded exemption, if eligible. The date for calculating compliance
with the timing provisions of Section 11.8.8 shall be the date of the most recent
previous recorded exemption associated with the parcel only in the.following
instances:
11.11.1.1 Wherea boundary change results in the expansion of Lot A into Lot B whereby not
creating;ianadditional building site or changing the exterior boundary of Lot B
11.11.1.2 Whereprevious approval of a recorded exemption included more than the minimum
lot sizerequired in the affected zone district, the applicant is eligible to apply to
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decrease Lot B to the minimum lot size required subject to the limitations of Section
11.8.7 of this Ordinance:
RENUMBER EXISTING SECTION 11.11 AND SUBSECTIONS TO 11.13
11.12 Recorded Exemption Amendments(with time change).
11.12.1 Any change to a previously approved recordetl exemption which is not specifically
defined in Section 11.10.1 of this Ordinance, shall=-be processed as a new or
amended recorded exemption,If;eligible. The date for,calculating compliance with
the,Vining provisions.of Section;11.8.8.shall be;the'date of the recording of the
amended plat::
RENUMBER EXISTING SECTION 11.12 AND SUBSECTIONS TO 11.14
11.12 1114 General
1142.14.1 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 or
results in being less than 35 acres.
1142.14.2 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 one additional existing residential improvements
residence with accessory outbuildings from either of the two habitable Recorded
Exemption parcels. A minimum of two habitable residential improvements are
required before an existing residential improvement can be removed from a parcel.in
order for an applicant to be eligible to apply for this subdivision exemption request
No more than one subdivision exemption for this purpose may be submitted with a
recorded exemption application:;
RENUMBER EXISTING SECTION 11.13 AND SUBSECTIONS TO 11.15
11.135 Submission Requirements The applicant shall submit the following on the form provided
by the Department of Planning services.
11.135.9 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 Clerk and Recorder.
11.135.9.1 The plat shall be prepared by a registered land surveyor in the State of
Colorado.
11.135.9.2 The plat shall be delineated in non-fading permanent black ink on a
dimensionally stable polyester sheet such as cronar or mylar or other
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product of equal quality, three mils or greater in thickness. The size of each
sheet shall be either eighteen (18) inches in height by twenty-four (24)
inches in width, or twenty-four(24) inches in height by thirty-six (36) inches
in width. No mixing of sheet sizes is allowed. No plat submitted shall
contain any form of stick-on-type of material such as, but no limited to,
"sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at
a scale sufficient to show all necessary detail.
11.135.9.3 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
thickness.
11.135.9.4 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.
1143.15.9.5 The plat shall include a complete and accurate legal description of the parcel(s)
being created or exchanged and new parcels which will result. All proposed and
existing accesses for each parcel shall be Shown.
RENUMBER EXISTING SECTIONS AS FOLLOWS:
ALL OF SECTION 11.14 AND SUBSECTIONS TO 11.16
ALL OF SECTION 11.15 AND SUBSECTIONS TO 11.17
ALL OF SECTION 11.16 AND SUBSECTIONS TO 11.18
ALL OF SECTION 11.17 AND SUBSECTIONS TO 11.19
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in each
and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the
fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might
be declared to be unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board this Ordinance shall become effective in
accordance with the terms of Article III, §3-14(2) of the Weld County Home Rule Charter.
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The above and foregoing Ordinance Number 173-D was, on motion duly made and
seconded, adopted by the following vote on the 13th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
George E. Baxter, Pro-Tern
BY:
Deputy Clerk to the Board
Dale K. Hall
APPROVED AS TO FORM:
Constance L. Harbert
County Attorney
W. H. Webster
First Reading: October 14, 1996
Publication: October 17, 1996, in the North Weld Herald
Second Reading: October 28, 1996
Publication: October 31, 1996, in the North Weld Herald
Final Reading: November 13, 1996
Publication: November 21, 1996
Effective: November 26, 1996
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