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Home My WebLink About961735.tiff 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of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as amended, are repealed and re-enacted, with amendments, and the various sections are revised to read as follows: cc' p1.� GA 2521186 B-1578 P-182 11/19/96 03:24P PG 1 OF 9 RFC D0C Weld County CO JA SUM Tsukamoto Clerk & Recorder 0.00 961735 JRD173 RE: ORDINANCE NO. 173-D PAGE 2 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 mar) 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 all lots created by the proposed recorded exemption. 11.3.13.3 A north arrow. 11.3.13.4 The location of all 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. 2521186 B-1578 P-182 11/19/96 03:24P PG 2 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 3 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 approved lots. 2521186 B-1578 P-182 11/19/96 03:24P PG 3 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 4 11.7.1.9.1 Two (2)-lot 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 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 all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Weld County Health Department. 11.8.3 An adequate legal access exists for all 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. 2521186 B-1578 P-182 11/19/96 03.24P PG 4 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 5 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), or is a parcel otherwise recognized as a complete quarter section, 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 the total contiguous land ownership equal to no less than twice the minimum lot size (160 acres) in the A (Agricultural) Zone District, or is a parcel otherwise recognized as a complete quarter section. 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 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. 11.9 Three (3)-Lot Recorded Exemption 11.9.1 Owners of 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. 2521186 B-1578 P-182 11/19/96 03:24P PG 5 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 6 11.9.2 A three (3)-lot recorded exemption consisting 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 in Section 11.3 through 11.8 of this Ordinance. 11.10 Recorded Exemption Correction 11.10.1 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. 11.10.1.2 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. 11.11 Recorded Exemption Amendments (with no time change). 11.11.1 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 Where a boundary change results in the expansion of Lot A into Lot B whereby not creating an additional building site or changing the exterior boundary of Lot B . 11.11.1.2 Where previous approval of a recorded exemption included more than the minimum lot size required in the affected zone district, the applicant is eligible to apply to decrease Lot B to the minimum lot size required subject to the limitations of Section 11.8.7 of this Ordinance. 961735 2521186 B-1578 P-182 11/19/96 03:24P PG 6 OF 9 ORD173 RE: ORDINANCE NO. 173-D PAGE 7 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 recorded 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 timing 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 11.14 General 11.14.1 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. 11.14.2 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 residence with accessory outbuildings from either of the two habitable Recorded Exemption parcels. A minimum of two habitable residential improvements are required 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 11.15 Submission Requirements The applicant shall submit the following on the form provided by the Department of Planning services. 11.15.9 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. 11.15.9.1 The plat shall be prepared by a registered land surveyor in the State of Colorado. 2521186 B-1578 P-182 11/19/96 03:24P PG 7 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 8 11.15.9.2 The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other 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. 11.15.9.3 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. 11.15.9.4 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. 11.15.9.5 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. 2521186 B-1578 P-182 11/19/96 03:24P PG 8 OF 9 961735 ORD173 RE: ORDINANCE NO. 173-D PAGE 9 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 �lj / WEJ,D COUNTY, COLORADO M141171861 Barbar J. Kirkmeyelf"77, Chair J �� vl¶ ! nty Clerk to the Board O(7.1\ ♦ z � Jt_ ,__ egr E. Baxte ro- em Deputy Cle to the Board I Dale K. Hall APPROVE P AS TO FORM: Constance L. Harb-rt County At cr 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, in the South Weld Sun Effective: November 26, 1996 2521186 B-1578 P-182 11/19/96 03:24P PG 9 OF 9 961735 ORD173 NOTICE OF THIRD READING OF ORDINANCE Puntusnt to the Wed County Home Rule ChatM,OtdloanoeNuxber 173-0 was introduced reeding on October 1��$. and a public heating end second owing wee held on October 26,1996. A putt hearing end died made end reeding g wee wee adopted. November 13,1996,with dwlges lasing made to the tam,as Meehed,end,on motion duel Effective date d tail Ordinance is Rated below. Any backup materiel or h4omSlon preM utly submitted to the Board d County Commissions concerning this"latter may be exemlod in the office of the Clerk to thetcatd d County Commissioners.located In the Weld County Cannoned Center,916 10th Skeet,Thud Floor,Greeley,Colorado,between the hauls of 4100 a.m.end 6:00 p.m..Monday flu Friday. ORDINANCE NO. 173-0 CE NO. 173,WELD COUNTY ORDINANCE TITLE: IN THE MATTER OF AMENDMENTS SUBDIVISION ORDINANCE, REVISING CERTAIN NPROCEDURES. TERMS. AND REQUIREMENTS EFFECTIVE DATE: NOVEMBER 26,1906 BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY: DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K.MILLER DEPUTY CLERKTOTHEBOARD DATED: November 13,1996 PUBLISHED: November 21,1096,in the South Weld Sun 11.8.7 The recorded exemption application shall indde the total contiguous land cenerehip. - except In the A(Agricultural)MOM. In the A (Agricueuel) district when a contiguous owrwrah4 equals at least twinethe minimum lot she (160 acres), oe^3et othetwlw r lied w e corn .0uerW apl�n canon of the lot equal to the minimum Id dee (80 saw) may be used in the recorded exemption application. The three (3)- recorded exemption apploe W n!/tidy In°N'd'the total contiguous led ownership amid than twin the minimum Id One the A(Agricultural)Zane District.a M SE aom aueder sNerwwe nt hex welly. TM meet that the dar yy which wa within the lest wledar co land ha wade have been cewbe co contiguous ideds had t been inter ma bee p evderKe d an intent to cede the mimosa provisions of Sedlona 1.3 and 11.2.1 of this Ordinance. STATE OF COLORADO ) )s.s. COUNTY OF WELD ) Ruth Pelton-Roby, as manager of Pelton Publishing Company LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said ''n2 e newspaper is a newspaper within the _ meaning of the act of the General Assembly of the State of Colorado, entitled "An Act to regulate the printing of legal notices and advertisements, " and amendments .- . . -^ a; thereto; that the notice of which "c the annexed is a printed copy taken a58-0C2- _ from said newspaper, was published G . M. - in said newspaper, and in the regular and entire issue of e'diy nymber thereof, once a week for __ ;or :: , i successive weeks; that said .,avd notice was so published in said, newspaper proper and not in a..) .,hc_ supplement thereof, and that the first publication of said, notice _ as azpcesaid, was on theca_ day _- of \\) uU , 1996, and the last ' on the _L day of 1\f <`u , 1996. i PELTO PUBLISHING COMPANY LLC BY: , _32,-(?["- - 1 Ruth Pelton-Roby, Manager Subscribed nd sworn to before me this .2 hkday of /faa4i,-.J-.-, , 1996. A'I.1,ti.a V , -(-1.-. i °'>°� N`�uL"DUN'. Notary Public r'� 07". -�� ' Pt . O' $01A R f' 'Ay Commission Expires March 15, 200 o.a : S 111. PUS � c` ow 'rye-iti ,"ittt000°°°° AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly sworn, say that I am Publisher of NOTICE OF THE NORTH WELD HERALD SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule a weekly newspaper having a general circulation in said Charter,Ordinance Number 173-D was Intro- duced on first reading on October 14, 1996, County and State, published in the Town of Eaton, in said and a public hearing and second reading was held on October 28, 1996, with no County and State; and that the notice, of which the annexed is change being made to the text of said Ordi- nance. A public hearing end third reading Is a true copy, has been published in said weekly newspaper for scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th one successive week(s), that the notice was published Street, Greeley, Colorado 80631, on November 13, 1996. All persons in any in the regular and entire issue of every number of the paper manner Interested In the next reading of said Ordinance are requested to attend and may during the period and time of publication, and in the be heard. newspaper proper and not in a supplement, and that the Please contact the Clerk to the Board's Of- fice at phone (970) 356-4000, Extension publication of said notice: 4226,or fax(970)352-0242 prior to the day of the hearing if, as a result of a disability, Notice second reading of you require reasonable accommodations In Ordinance (#173-D) order to participate in this hearing. Any backup material or Information previ- was in said newspaper bearing the date(s) of: ously submitted to the Board of County Commissioners concerning this matter may 31stday be examined in the office of the Clerk to the Thursday,the of October, 1996 Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,Third Floor, Greeley, Colorado, Thursday,the day of October, 1996 between the hours of 8:00 a.m. and 5:00 p.m.,Monday thru Friday. Thursday,the day of October, 1996 ORDINANCE NO. 173-0 ORDINANCE TITLE: IN THE MATTER OF Thursday, the day of October, 1996 AMENDMENTS TO ORDINANCE NO. 173, WELD COUNTY SUBDIVISION ORDI- NANCE, REVISING CERTAIN PROLE- and that the said THE NORTH WELD HERALD has been DURES,TERMS,AND REQUIREMENTS DATE OF NEXT READING: published continuously and uninterruptedly for the period of 52 November 13, 1996 consecutive weeks, in said County and State, prior to the date TIME:9:00 a.m. of first publication of said notice, and the same is a newspaper BOARD OF COUNTY COMMISSIONERS within the meaning of an Act to regulate printing of legal WELD COUNTY,COLORADO g g BY:DONALD D.WARDEN notices and advertisem , approved May 18, 1931, and all WELD COUNTY prior acts so far as in CLERK TO THE BOARD BY:SHELLY K. MILLER TODEPUTYTHE BOARD 4 CLERK DATED:October 28,1996 RU J. BORMANN, PUBLISHER PUBLISHED:October 31,1996, In the North Weld Herald -- - Publication Cost:$ 1.97 • Subscribed and sworn to before me gyN 1 ?[ ,r•v ♦ ,/ this 31st day of October, 1996 • �? /� ERIKA C. UtJ lQ,�F BAGLEY ERIKA C. BAGLEY, NOTAR PUB C �� • ;`©� My commission expires October 21, 1999 �QF f Ott Wu 't= I ORDINANCE-NO. 173-D ;:' 'f ,Ravine CERTAIN PROCE- THE MATTER OF AMENDMENTS TO ORDINANCE NO.atS.�UELId C6fRlTY ,TERMS,AND REQUIREMENTS *(#ORDAINED BY THE BOARD OF COUNTY COMMESSIONERSOF THE COUNTY OF WELD,STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld,State°H�Colorado,WCo�pursuant Colorado statute end the Weld County Home Rule Charter,is vested with the authority of a�nWWe r the*Hairs of under the Weld County nome Rule Charter and d WHEREAS,the Board of County RS,to adopt beefpa povre th State salute,including Artlole 28 of Tide 30 CRS,to adopt e�bdNNMtr!repukaions for the unincorporered erase pt e County pt Wald,State of-Colorado,and WHEREAS,the Board of County Commissioned el Weld County,Colorado,has previously adopted Ordinance No.173,Weld C SWdMsi n Ordinance,eetabilahing a comprehenelvs et the subdltalon regulatlons for unincorporated arses of the County oWHy amendments in Ordinance No.173A�Ordfnsnce No.173-C,and of yrsld,and has aEASed and WHEREAS,said Ordinance No.173 is in need d:[e?deion and ylanfketion with regard to Recorded Exemption procedures requirements therein. eld,State of NOW,THEREFORE,BE IT ORDAINED,by the Board of County Comed se csione sdof the amendments,We and the erolo9resctthathat are tain existing sections of said Ordinance No.173,as amendett are repealed revised to read as follows: Ott,'_ION 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 mso drawn at a suitable scale on a sheet of paper 8 1/2 by 11 Inches. The sketch map shall be legible and include the following information: 11.3.13.1 The bounder/9f the proposed recorded exemption property. 11.3.13.2 The boundaries of-thetwo .":1 5` 4,4 ., '"t°.I-1-r ,1 `tread a ere Poae racy exam t 11.3.13.3 A north arrow. aw ter 9a$6^.a,fl '4 A 113134.: %"AA a . posee"dnvewsy any"accesses ammo a ar t` "„„1, x1. •"•.. _° exs ng an pro p� 1)°7 Recorded Exemption Plat.; �, 11 7.1 A recorded exemption plat Shan be prepared alter a-recordAB`exemptt appffdetlon Is approved. The plat shall be submitted to the planner for recording in the office of the Weld County Clerk and Recorder..The plat t-. shall meet the following requirements: ' 11.7:1.1 The plat shall(r¢prepared by a registered land surveyor In the State of Colorado.... F 11.7.1.2 polyestersheltie i eel sucdelineated es cronar or Mylarnor Other product equal quality,three dimensionally millimeters or greater in thickneps. The size of each shall be either eighteen itches(18')in height by twenty-four Inches(24")in width or twenty-four Inches(24`)Inn height by thirty-six inches an8y)formvof stk:h-ori-llglenmat dal such as,Ibut not lim�lledNtoo'' 'Icy-backat submitted dadhh�ve film, or Kroy lettering tape. The drawing shall be at sufficient state to show all necessary de- tail. 41. 1171.3 A o Mylar copy or diszo-sensitized Mylar of the original ink drawing may be 1* su .The material shall be at least three(3) or r e thickness.arties G 11.7.1.4 The t fat.submitted will ccntaYethp originalr wsignatures sensitized*tar copy Is submitted,the°dol- l* uired to sign plat. If My be y c 7* nalsgneturea sealsend shall be oontalned thereon. p '.The Department of Planning 11.7.1.5 Services shallbfIII tiln the approP�t ber.No: 11/.1.8 The ptovldedain legal ccordance description h Section shall )11.8.7 of lilts all contiguous owned by the applicant or ,.' 11.7.1.7 The plat need not show the beaige,lengths, Curve dProvided for the lot in excess of 35 acres creates throggh a reoaty s ery ey. Any'lot re t created through a can be described without competing a boundary survey. s)n s show the bear- - recorded exemption procedure which is lessthan s aPlu spa shell exempti o pr Ind curve data the lot N ies..If 'Mato flee cteategths,and gh a recorded exemption procedure are lees than 35 acres, the bsadngs,lengths, be required ed ta shall ticpmeba'e shown around the tern of both lots. A boun A shall dary required shall r cry rrrquuir®dr elY..without standards for land not moan of aenernd pleb k ed38 Mantle cermet 61 Colorado R0 evlsed Statutes. '.• e scale. The map shall 11.7.1.8 rrecorrdded I lnclun ide with t�_cinity sketch °y��__,�s at a land other . . leerrd features. the alt:. .','7'aa. k` .. EP "a 11.7.1.9 a4 fl'"0, �'+ sin '� '7 t e ms's- s. -< 11.8 Recorded Exemption Standards --A recorded exemption application shell comply with all of the following standards: 11.8.1 The water fortoth o as propos y' a racy exam n apP ca s a u n arms qua .quart ,an pendab 11i ry. 11 8.2 . An adequate sewer service is available to serve the uses rmitted on-both , x�x,a its e es r es e comp y w ter romans e zone end' he Went Courtly HoaNhmm•nt• 11.8.3 An adequate al access exists forbothS. _ , ere al p p acwesee n on a pun " Put*Work.Pcniajr,Ordinance No.180,as e.mended• ' recorded exemption will comply-with the Weld County Zoning Ordinance,.Sealon 50,Over- 1,.8.4 The proposed .Regulations. 11.8.5 The minimum size of any lotproposed is not e:less than one(1)acre, s a where lot sizes are al- lowed In the zone district or where exempted by the Board of Co 11.8:8 The decision to approve a recorded exemption may be coaditbhmitigatededicated �m or reserved pa f or re fn or- ; n- cents of retorter:. Exiting or future public dghtb-0t'Way shall be mance with.the, fold County Comprehensive Plan and any adopted intergovernmental agreements,or > maser plaM°tlP munklpailUes. Z. 11.8.7 (The Agricultural)district. In o the (Agricultural)l district include the n total tUguuous ownership equslntiguous land e'at least twice the except In the A 'p minimum lot else(160 acres) portion of toe lot equal to the minimum lot sloe(80 acres)may be used in 7 the rec0• •warn. I lton• +a . 11.8.8 The proposed recorded exemption is not part ofan-approved Aaraa ?91q� ffi°a§i: 6 rd pl m:5w;i!t aka r,rd°i4,?e°��,.69�ie Aai`L n sat ro 11.8.9 The proposed recorded exemption is not part of an approved subdivision or recorded subdivision plat or un- incorporated community legally filed prior to adoption of any regulations controlling subdivisions. 11.8.10 The propaed recorded exemption does not evade the statement of purpose as set forth In section 1.3 of this rd . arimsNd.';s7Rk4sS. a ° > fa ,> '. t .- �^�x G, QmP1 ccfy-whea mere is at ieei6t"lN4c'e . - "� fc.,. .. .,x7 1 �' r 6'.. r t,• w+S m "✓".w+ .......................... t • xadn #s>?ax dam:. 't q°S a°E . . . . ." ;'le,§ o6"t+ i Ot8; rt 11.9 r �,es@in ^ ,il^g:e".. a.'^:,al ^ r;: scar ec xemp on 11.9 e or amer may approve a correction •recorded exemption. The correction snail only address technical eMws where such correction la consistent with the approved plat and application • - `r ,,, qyp W�n k& .I' 'd'ig8✓e 0 d^' Mew. : • +4fi i e e N'NW u»,µ ..w 11.70 - . me .. ' 1140 ny c pp a pre o approved record nemecion which is not celreblon as defined in Section 119 of this Ord - - I be r rocessed as a new recorded exem bon,d eligible � ............................................... 4Y WY%^'� tl IXI�aIVIV�}ng... are 'a_ J i _ • �, .^ �..��yypp.��p "MI" ''��• �ya��,��,., "b.°f4ce` °..° � '��.a a as r a�&: %^f""a '1 '�+:R ✓ a �i ° ,ii mine _.,_ RENUMBER EXISTING SECTION 11.11 AND SUBSECTIONS TO 11.13 9 t 9'l,yt° "i xB3 A hn5£txWy GM _• . � 4 RENUMBER EXISTING SECTION 11.12 AND SUBSECTIONS TO 11.14 44J2 • 11.12. 'DA InIy m '°«pr, a i s • x-€r a u s mmphoo s e cah`n i eesl ec es least une nabein involveds the 35 a esndary ex change or in a temporary use location is less then 35 acres or results In being less than 35 acres. • 11.32. _ . . : .^� i s a p ,' .^ .. ""111'"4'4°M14 en us n toms n a ecorded`Exemption Whose request is to remove existing resrdendal im`= provements from a parcel the Subdivision Exemption may be utilized to request separation of ar `a p 'ane n 'se-e' rom a er o e o a e ecorded Exemption parcels."A minimum of'iwo htrnrn e°resatentlal fm- rovamente are required r ?reaina n i ay,r a.am . ha ram ,r f ,.,a ra l 6^ -s,a a `...+0,�.a° I 'fl a . M1CM keXfl Sa bG::HCYthBWf •51i!®e- RENUMBER EXISTING SECTION 11.13 AND SUBSECTIONS TO 11.15 11.13 E. Ia&tie .' B°Ss ",.',,.." ffi�g GG Sritim'�as�oriaou remen,-'"The applwant s�iaii`submff`lFie�following onthe corm pro Hied by the Depertmen`)of Planning eervioee, ---..,.�—11 13 - '.. 8 , u. i e`l. a�� s fmp c r ; i " gi .9 If any such Planning nn Services to btu is approved,a"pia(ae rthe Weldi d below a lerkie and Record ro i e pertinent of Services to be recorded In the office of the County Clerk Recorder. 11.13 � .9.{�` •I'he•plat snail be prepere�y a reg,starea lsn�surveyor In tYie grateV8oiorad"o" 11.13 �,�,�m �� ®� AFFIDAVIT OF PUBLICATION A..' �,d ' e�pl @� it-d- "1etl&I(1'a, 1 9 a1 .1ii, . ago tger s't, ..2 "'she tai cronar oe a teen m r pr e n f equal quality, ac m one mans• y h e such as cro or myler or other product of equal qu three mils or greeter thickness. The sizes each sheet shall be either eighteen 418)inches in height by twenty-four(24)Inch,*in width,or twenty- STATE OF COLORADO (24)inches in height by thirty-six(38)inches In width. NO mixing of sheet sizes Is allowed. No plat sub- mitred shell contain any tone of stick-on-type of material such as,but no limited to,'sticky-beck',adhesive SS. film,or kroy lettering tape. The drawing shell be at a scalp sufficient to show all necessary detail. COUNTY OF WELD 11.13 • I, Bruce J. Bormann,of said County of Weld,being aM... a�41r.€, a . §� - ,,„�" I g °su .$111 duly p"fio copy.or•mils sans red m"-ly er copy of a or Tn1E"r7iaw tug may au a me- swom,say that I am Publisher of tenet shall be at least 3 mils or greater in thickness. 11.13 THE NORTH WELD HERALD ,?n"'E rEfw .e16y1" 1 n'i a s mean . .. � r i .9:$ photo mylar �ed`wi diazo se�e od mylar copy'yri s stun sees of pains ignu s n e`p et. e a weekly newspaper photo copy or sensitized copy is submitted,the original signatures a seals shall be Yhaving a general circulation in said contained thereon. County and State,published in the Town of Eaton,in said 11 County and State;and that the notice,of which the annexed is 43 '''6'''''M , 1 " " ,s I• ems" & a true copy,has been g.5 ie p�ai s'a0 incu"e a comps a en aocurae age ese p on o ;puce a ang eras or ex- PY published in said weekly newspaper for then and new which wtil result. one successive week(s),that the notice was published RENUMBER EXISTING SECTIONS AS FOLLOWS: in the regular and entire issue of every number of the paper ALL OF SECTION 11.14 AND SUBSECTIONS TO11.16 during the period and time of publication, and in the ALL OF SECTION 11.15 AND SUBSECTIONS TO 11.17 newspaper proper and not in a supplement,ALL OFSC-CTION 11.16 AND SUBSECTIONS TO 11.16 ppement,and that the ALL OF SECTION 11.17 AND SUBSECTIONS TO 11.19 publication of said notice: BE R FURTHER ORDAINED by the Board,if any section,subsection,paragraph,sentence,clause,or phrase of this Ordi- Ordinance No.173-D nonce is for reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions hereof. First Reading The Board of Commissioners hereby declares that it would have enacted this Ordinance in each and every secton,subsection, g paragraph,sentence,clause,and phrase thereof 1 ve of the fact that any one or more sections,subsections,paragraphs,sentences, clauses,or phrases might be declared to be uncon tonal or invalid. was in said newspaper bearing the date(s) of: BE IT FURTHER ORDAINED by the Board this Ordinance shall become effective In accordance with the terms of Article Ill,§3- 14(2)of the Weld County Home Rule Charter. Thursday,the 17th day of October,1996 First Reading: October 14,1996 Publication: October 17,1996,in the North Weld Herald Thursday,the day of October,1996 Second Reading: October 28,1996 Publication: October 31,1996,in the North Weld Herald Thursday,the day of October,1996 Final Reading: November 13,1996 Publication: November 21,1996 Thursday,the day of October,1996 Effective: November 26,1996 and that the said THE NORTH WELD HERALD has been . NOTICE PURSUANT to the Weld County Home Rule Charier,Ordinance Number 173-D published above,was Introduced and,on motion duly made published continuously and uninterruptedly for the period of 52 end seconded,ggapproved upon first reading on October 14,5596, og consecutive weeks,in said County and State,prior to the date fey Col bndon6083,,onn Octobers 28,x19986.AI persona IIn a yam nnerninterrested i B hee reeding of said online emare requested m and a of first publication of said notice,and the same is a newspaper and may be heard. within the meaning of an Act to regulate printing of legal ,Please content of q leek toiry Boi�repsioe re at piton e(�356-4000,tea I Extensionto 226parti orf In hearing. 2- prior to the day of the hearing notices and advertisem ,approved May 18,1931,and all Any backup material or information previously submitted to the Board ofi County Commiseleners conceming this matter may be examined in prior acts so far as in the office of the Clerk to the Board of County Commissioners;heeled In the Weld Count'Centennlel Canter,Third Fbor,,916 11th Street, Greeley,Colorado,between the hours of 8:00 a.m.end 5:00 p.m.,Monday thru Friday. . .......,„......,„„ ORDINANCE NO.: 173•D 44... RU J.BORMANN,PUBLISHER ORDINANCE TILE: IN THE MATTER OF AMENDMENTS TO ORDINANCE NO.173,WELD COUNTY SUBDIVISION ORDINANCE,REVISING CERTAIN PROCE- DURES,TERMS,AND REQUIREMENTS DATE OF NEXT READING: October 28,1988 Publication Cost:$ 41.20 TIME: 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Subscribed and swom to before me f5 t ( r'''!-`4 BY: DONALD D.WARDEN, CLERK TO THE BOARD this 21St day of October,1996 • C BY: CAROL A,HARDING �` DEPUTY CLERK TO THE BOARD yea, G �7 C I K% r DATED: October 14,1996 BAGLEY ERIKA C.BAGLEY,NOTA P LIC N� it, ERIKA PUBLISHED: October 17,1996,in the North Weld Herald My commission expires October 21,1999 F(j[ NOTICE DOCKET NO. 96-51 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on Monday, October 14, 1996, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to the Weld County Subdivision Ordinance No. 173-D. The amendments pertain to Recorded Exemption sketch plan and plat requirements and standards; the addition of Subsections within Sections 11.7, 11.8, and 11.9 allowing for two-lot and three-lot Recorded Exemptions and describing the requirements and process to be followed for same; the amendment of Section 11.10 pertaining to Recorded Exemption Corrections and Recorded Exemption Amendments, with time change and also with no time change; and clarification of language associated with the Subdivision Exemption which may be used in conjunction with a Recorded Exemption application (for separation of an additional parcel with residential improvements) in Sections 11.12 and 11.13. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax (970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations as a result of a disability in order to participate in this hearing. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, 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: CAROL A. HARDING DEPUTY CLERK TO THE BOARD DATED: September 23, 1996 PUBLISHED: September 26, 1996, in the North Weld Herald 961735 AFFIDAVIT OF PUBLICATION NOTICE STATE OF COLORADO DOCKET NO.98-51 SS. The Board of County Commissioners of COUNTY OF WELD Weld County, Colorado, will conduct a pub- lic hearing at 9:00 a.m.,on Monday,October -14, 1996, in the Chambers of the Board of I, Bruce J. Bormann, of said County of Weld, being duly bounty Commissioners of Weld County, sworn, say that I am Publisher of Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Col- orado, for the purpose of considering THE NORTH WELD HERALD amendments to the Weld County Subdiw- ▪sion Ordinance No. 173-D. a weekly newspaper having a general circulation in said The amendments pertain to Recorded Ex- emption sketch plan and plat requirements County and State, published in the Town of Eaton, in said :and standards; the addition of Subsections.Wpithin Sections 11.7, 11.8, and 11.9 allow- County and State; and that the notice, of which the annexed is ring for two-lot and three-lot Recorded Ex- copy, p a true co , has been ublished in said weekly newspaper for remptions and describing the requirements and process to be followed for same; the one successive week(s), that the notice was published ;amendment of Section 11.10 pertaining to :Recorded Exemption Corrections and pecorded Exemption Amendments, with in the regular and entire issue of every number of the paper time change and also with no time change; rand clarification of language associated during the period and time of publication, and in the with the Subdivision Exemption which may rpe used in conjunction with a Recorded Ex- newspaper proper and not in a supplement, and that the ✓ymption application(for separation of an ad- `ditional parcel with residential improve- publication of said notice: ments)in Sections 11.12 and 11.13. A All persons in any manner interested are re- Notice—Docket#96-51 +quested to attend said hearing and may be ▪heard. was in said newspaper bearing the date(s) of: Should any interested party desire the ores- .ence of a court reporter to make a record of the 26th day of September, 1996 +the proceedings, in addition to the taped Thursday, P •record which will be kept during the hearing, :the Clerk to the Board shall be advised in '▪writing of such action at least five days prior Thursday,the day of September, 1996 .to the hearing. The cost of engaging a court .fporter shall be borne by the requesting yy. Thursday,the day of September, 1996 'Please contact the Clerk to the Board's Of- fice at phone (970) 356.4000, Extension Thursday,the day of September, 1996 ,4226,or fax(970)352-0242 prior to the day ,of the heating so that reasonable accommo- dations can be made if, In accordance with and that the said THE NORTH WELD HERALD has been 'the Americans with Disabilities Act, you re- quire special accommodations as a result of published continuously and uninterruptedly for the period of 52 .a disability in order to participate in this hearing. consecutive weeks, in said County and State, prior to the date BE IT ALSO KNOWN that copies of the pro- of first publication of said notice, and the same is a newspaper posed amendments may be examined in the office of the Clerk to the Board of County within the meaning of an Act to regulate printing of legal Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third notices and adve4UJ approved May 18, 1931, and all Floor, Greeley, Colorado, Monday through Fday,8:00 a.m.to 5:00 p.m. prior acts so far aBOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY: DONALD D.WARDENWELDCOUNTV CLERK TO THE BOARD . BORMANN, PUBLISHER BY: CAROL A.HARDING DEPUTY CLERK 2.55 TO THE BOARD Publication Cost:$ DATED:September 23,1996 PUBLISHED:September 26,1996, in the North Weld Herald Subscribed and sworn to before me y� this 27th day of September, 1996 � ' ��•' adaHC - sRt?S EP,IKP,C. ERIKA C. BAGLEY, NOTARIVRURLIC BAGLEY i• gT •... My commission expires October 21, 1999 (fir I'M-OQ Hello