HomeMy WebLinkAbout962493.tiff PRESS RELEASE
Effective November 26,1996,the Weld County Planning Services will be accepting applications
for Three(3)lot recorded exemptions on eligable parcels.All questions should be directed to
Monica Mika,Director of Planning Services 1400 N 17th Avenue Greeley,Colorado(970)353-
6100,ext 3540.
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NOV p 8 1996
November 8,1996
'REC ti
Weld County Board of County Commissioners
- and Ms Gloria Dunn - _
Weld County Department of Planning Services
1400 N 17th Ave
Greeley,CO 80631,,
RE Ordinance 173-D
Dear Ms Dunn and County Commissioners,
Since I am unable to attend the hearing on`the above ordinance,I am submitting
this letter as-my testimony for the public hearing and ask that it be submitted into
- the record
I am writing in support of the concept of the proposed 3 lot Recorded Exemption
It is a procedure that should provide for greater flexibility for a landowner while
not evading the purpose or intent of the subdivision ordinances
I have a concern and suggestion for determination of minimum lot sizes The
minimum lot size of 80 acres and the proposed minimum lot size of 160 acres for
- the 3 lot RE has potential to be arbitrarily-administered or misinterpreted
Currently,a legal description by quarter section or 1/2 of a quarter section is
assumed to be 160 acres-or 180 acres,respectively As you know,due to
correction lines and discrepancies in old surveying methods,_some sections are
longer or shorter and thus may technically contain slightly more or less than the
assumed 80 or 160 acres If a landowner should happen to have an existing
survey prior to application for RE that shows actual acreage-slightly less than
the stated minimum lot size,they may not qualify for the RE,while the landowner
who does not have a survey is assumed to have a legal lot by basic rectangular
survey description
_ When the state subdivision laws were enacted,this circumstance was
addressed by the legislature through establishment of a minimum lot size of 35
acres rather than the originally proposed 40 acre limitation. It should be prudent
and consistent that the Weld County subdivision regulations also address this
issue so as-not to inadvertently deny an otherwise acceptable land use change
_ 303/857-2930 , 303/629-0432 - 303/785-2291
140 DENVER AVENUE-FORT LUPTON COLORADO 00621
I suggest that an_interpretationwclause be added to The applicable Weld County
ordinances that allows for assumption of the minimum lot size by basic
rectangular survey legal description as is now provided as well as an allowance-
for those which may show slightly less than the exact acreage in the event a
survey or other acreage determination has been completed I suggest an
allowance for this purpose of 2 1/2 acres for an assumed 80 acre parcel and 5
acres for an assumed 160 acre parcel The allowance should only be
considered when the property has not been previously split by Recorded
Exemption. These acreage allowances should provide for the circumstance of
short sections,yet maintain the intent of the subdivision ordinance and limit the
possibility of intentional evasion of the ordinance This suggested clause would
maintain the minimum lot sizes at 80 and 160 acres,but provide for
interpretation in these,certain applicable instances
appreciate your consideration of this matter.
Sincere ,
YKirk Goble
0 0
, 401491'Vs; _ MEMORANDUM _
iglip e. _,TO Board of County Commissioners
COLORADO FROM Gloria Dunn,Current Planner
SUBJECT Weld County Subdivision Ordinance 173-D
DATE November 8,1996
Attached is a copy of a letter received today by staff from Kirk Goble regarding the proposed
three(3)-lot recorded exemption process
The letter will be entered into in the record at the Final Reading of 173-D on Wednesday,
November 13,1996
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MEMORANDUM -
voileTO Board of County Commissioners
COLORADO FROM Gloria Dunn,Current Planner
SUBJECT Weld County Subdivision Ordinance 173-D
DATE October 30,1996
- Attached is a copy.of a letter received today by staff from Mr Jim Christiansen regarding a
- change to the proposed three(3)-lot recorded exemption process
- The letter will be up for discussion at the Final Reading of 173-D on Wednesday,November 13,
1996
- CIAP('6
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
_ 1
Weld County Planning Dept.
NOV 0 8 1996
RECORD OF PROCEEDINGS
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I-ri ma`s w�TM 1 ta, `u
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
OCTOBER 28,1996
TAPE#96-30
, The Board of County Commissioners of Weld County,Colorado,met in regular
session in full conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center,Greeley,Colorado,
October 28,1996,at the hour of 9 00 a m
ROLL CALL. The meeting was called to order by the Chair and on roll call the following
- members were present,constituting a quorum of the members thereof
Commissioner Barbara J Kirkmeyer,Chair
Commissioner George E Baxter,Pro-Tem
Commissioner Dale K"Hall
Commissioner Constance L Harbert
Commissioner W H Webster'
Also present
County Attorney,Bruce T Barker
Acting Clerk to the Board,Shelly Miller
Finance and Administration Director,Don Warden
MINUTES Commissioner Hall moved to approve the minutes of the Board of County
Commissioners meeting of October 23, 1996, as printed Commissioner
Webster seconded the motion,and it carried unanimously
ADDITIONS- There were no additions to the agenda
CONSENT AGENDA Commissioner Harbert moved to'approve the consent agenda as printed
Commissioner Webster seconded the motion,and it carried unanimously
COMMISSIONER
COORDINATOR
REPORTS. ( No reports were given
961892
BC0016
��
PUBLIC INPUT. No public input was offered
WARRANTS Don Warden,Director of Finance and Administration,presented the following
warrants for approval by the Board
All Funds $ 227,282 50
Commissioner Baxter moved to approve the warrants as presented by Mr
_ Warden Commissioner Hall seconded the motion,which-carried unanimously
BUSINESS
NEW CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 39
BETWEEN WELD COUNTY ROAD 46 AND LASALLE CITY LIMITS
Commissioner Hall moved to approve said closure,and Commissioner Webster
seconded the motion,which carried unanimously
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 107
BETWEEN WELD COUNTY ROADS 112 AND 118 Commissioner Webster
moved to approve said closure,and Commissioner Hall seconded the motion, -
which carried unanimously
PLANNING CONSIDER TECHNICAL CORRECTION TO RE#1860-CLAUS(PLANNER
GORANSON)`Chris Go"ranson;tflanrnng Department,explained that since the
original approval yof RE#1860 and SE#576,the applicant was notified that a
parcel of ground on the northwest corner of Lot B,which was originally included
in the recorded exemption,actually has separate title and is not owned by the
applicant,therefore,staff recommends said portion be removed from RE#1860
Commissioner Harbert moved to approve staff recommendation, and
Commissioner Baxter seconded the motion,which carried unanimously
CONSIDER REQUEST FOR RELEASE OF COLLATERAL HELD BY
NORWEST BANK COLORADO,NA--DOS RIOS SECOND FILING,PHASE
ONE,S#385(PLANNER DUNN)Gloria Dunn,Planning Department,explained
the terms of the improvements agreement She stated the Public Works
Department staff has inspected the site and found no conflicts,and the County
Attorney staff has advised the release of funds be allowed,therefore,staff
recommends the Board consent to draw on the construction loan in the amount
of$44,880 16 as requested by Norwest Bank Commissioner Baxter moved to
approve said request,and Commissioner Webster seconded the motion,which
carried unanimously
Minutes,October 28,1996 961892
Pape 2 RCon1 f
SECOND READING OF ORDINANCE NO 173-D, IN MATTER OF
AMENDMENTS TO ORDINANCE NO 173,WELD COUNTY SUBDIVISION
ORDINANCE Commissioner Harbert moved to allow the second reading of said
ordinance by title only,and Commissioner Hall seconded the motion,which
carried unanimously,Bruce Barker,County Attorney,read the title of Ordinance
No 173-D into the,record,and Ms Dunn was present No public testimony was
offered Commissioner Harbert moved to approve the second reading of said
ordinance, and Commissioner Baxter seconded the motion, which carried
unanimously
RESOLUTIONS AND
ORDINANCES The resolutions were presented and signed as listed on the consent agenda
There were no ordinances
-Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board
There being no further business,this meeting was adjourned at 9 10 a m
BOARD OF COUNTY COMMISSIONERS-
WELD COUNTY,COLORADO,
• 77-40,-r .41X J Mul ,
"+ , �� - -" Barbara J Kirkmeyer,7-Chair
Wetd,C.oun k to the Board ( `
�� 4 � Of)r n J Gaar Baxter,Pro-Temp
--��
Deputy Cler to-the Board � , �Dale K Hall,_
Constance L Harbert
1
W H`Webster
Minutes,October 28,1996 , 961892
Pape 3, 1300016
' - _) - ,
- \ RECORD OF PROCEEDINGS, - �. , _
• 1MINUTES . .
BOARD OF SOCIAL,SERVICES"-, `, -' ,- ,
WELD-COUNTY,_COLORADO, ._- -_,,
OCTOBER 28,1996� _ _.�__ - = „ '
_
TAPE#96-30 -_ ,
_ The Board of County Commissioners of Weld County,Colorado,met in regular
session as the Board of Social Services in full'conformity with the laws of the -
- - - State of Colorado at the regular place of meeting-in-the Weld County Centennial-
- ._Center,Greeley,-Colorado,October`28,'1996,,at the hour`of 9 00 a m
-ROLL CALL' ,The meeting was called to order;by the Chair-and on roll call the following
_ - members were present,constituting a quorum of the members thereof
- ,-`, , - Commissioner Barbara J Kirkmeyer,Chair-
Commissioner George'E Baxter,Pro-Tem
_ Commissioner-Dale K,,Hall , - :-
Commissioner Constance,L Harbert =
_ Commissioner W H'Webster -, `` f
,
' , Also present ,
County Attorney,Bruce,T,Barker , -,- _ r -
- -Acting Clerk,to-the Board,,Shelly Miller _ - ,
Director of Finance and Administration,'Don Warden- _
MINUTES.! Commissioner Hall moved to approve the minutes of,the Board of Social -
,, Services meeting of October 23,1996,as printed -Commissioner Webster _
seconded the motion,and it carried unanimously,-
WARRANTS: - Don Warden,Director of Finance and Administration,presented the warrants
. -- ,- for approval by the Board in the amount-of$11,603 81 Commissioner Webster , - - -`
- moved to approve the warrants as presented by Mr Warden Commissioner
Baxter seconded,the motion,_which carried unanimously _ -__
961893
BC0016
NEW BUSINESS: CONSIDER CONTRACT MONITORING AGREEMENT CONCERNING PAC
AND FAMILY SUPPORT PROGRAM FUNDS WITH ANDERSON AND
') WHITNEY,P C,AND AUTHORIZE CHAIR TO SIGN Jim Sheehan,Director
of the Housing Authority,represented Social Services and stated this agreement
provides contract monitoring for Alternative Homes for Youth (Family
Preservation Program),Catholic Charities(Family Support Program),and the
Weld County Division of Human Services(Family Support Program) He stated
the total cost for the program is anticipated to be$7,500 00 Commissioner
Baxter moved to approve said agreement and authorize the Chair to sign
Commissioner Hall seconded the motion,which carried unanimously
CONSIDER AGREEMENT FOR ADMINISTRATION'ASSISTANCE WITH
DEPARTMENT OF FINANCE AND ADMINISTRATION AND AUTHORIZE
CHAIR TO SIGN Mr Sheehan stated this agreement will allow Dan Fowler to
administratively assist Judy Griego,Social Services Director,and to deal with
welfare reform and legislative initiatives Responding to questions from the
Board,-Mr Warden confirmed the Social Services merit system allows a retired;
employee to work for one year and stated Mr Fowler'will be a part-time
employee Commissioner Harbert moved to approve said agreement and
authorize the Chair to'sign The motion was seconded by Commissioner
Webster,and it carried unanimously
Let the minutes reflect that the above and foregoing actions were attested to '
and respectfully-submitted by the Acting Clerk to-the Board
There being no further business,this meeting was adjourned at 9 15 a m
BOARD OF COUNTY COMMISSIONERS'
WELD COUNTY,COLORADO
Barbara J Kirkmeyer,Chair
'1NI i'4un C k to the Board
zGeerg Baxter,Pro-Tem
J
y Cle to the Board
Dale K Hall /
Constance L Harbert
�) 1i A i,A',
W H'Webster
Social Services Minutes,October'28,-1996 961893
Page 2 BC0016
0 0 .
From• LEE MORRISON
To NORTHDOMAIN NORTHPOST(GDUNN)
Subject 3-lot RE more changes?-Reply
An application may be approved for not less than 155 contiguous acres only where the parcel has not previously
been part of a recorded exemption
>>>GLORIA DUNN 11/12/96 09 41am cc>
In response to K Goble's request,the Board may want a change to the language we have proposed I am kicking
around verbage to add to Section 11 9 1 of 173-D How does this sound?
In situations where the recorded parcel is no less than 155 acres and has not been divided using the RE process,an
exception to the 160 acre eligibility requirement may be applicable
-I'm not planning to offer this unless the Board wants it Monica suggested making the statement vague
CC , bbarker,mmika
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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 Boar&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
961735
ORD173
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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 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 ofall 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
961735
ORD173
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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
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
961735
ORD173
\_f \�
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RE ORDINANCE NO 173-D
PAGE 4
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
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
961735
ORD173
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RE ORDINANCE NO 173-D
PAGE 5
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 the total 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 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 fora 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 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
961735
ORD173
J
RE ORDINANCE NO 173-D
PAGE 6
I
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
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
961735
ORD173
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RE ORDINANCE NO 173-D
PAGE 7
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
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
961735
ORD173
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RE ORDINANCE NO 173-D
PAGE 8
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
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 11th 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-Tem
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
r (3
Final Reading Novemberl-1„1996
Publication November 1-4,1996
' - zl
Effective November 1I3;1996
2C
961735
ORD173
r,;,,.,„ STATE OF COLODO 121' 1/
OFFICE OF THE STATE ENGINEER t^(:'
-of coy
Division of Water Resources
Department of Natural Resources(E 6 ta;,ID 39
Weld Planningt'
Deb
1313 Sherman Street Room 818 Countyt"
Denver,Colorado 80203 C1 E lase•
Phone(303)866-3581 i
FAX(303)866-3589 TO THE r-, AUG 1 9 1996 Roy Romer
Governor
y,• 2„, James S Lochhead
� _��•,,c•' Executive Director
ECEE
August 9,1996 Hal D Simpson
State Engineer
County Commissioners
Re Enactment of House Bill 96-1364
Dear Commissioners
As I am sure most of you are aware,in the last legislative session,the Colorado legislature
passed HB-1364(attached) The bill(often referred to as the Cluster Development Bill)sets up
procedures where more open space can be preserved by allowing clustenng of housing in one area
of the development It also allows my office to approve limited use well permits in county
approved cluster developments,pursuant to section 37-92-602,as amended
_ This letter is a reminder that under section 30-28-404(3),no later than ten days after your
county approval of such a cluster development,the Board of County Commissioners must notify
my office of the approval and provide me with a copy of the approved rural land use plan that
includes the cluster development My office must have this information within this statutory time
frame to properly evaluate any well permit applications received for lots within the development
This will assist us in avoiding improper evaluation and delays in processing Once notification is
received,evaluation of well permit applications can then take place pursuant to section 37-92-
602(3)(b)(II)(A),as amended
Thank you for your attention to this matter
Sincerely,
f:/( e Z.
Hal D Simpson
State Engineer
cc Steve Lautenschlager,Assistant State Engineer
Division Engineers
0 1996
\.71°."1"."'"
,µ s
HOUSE BILL 96-1364
BY REPRESENTATIVES Jerke and Salaz;
also SENATORS Rizzuto, Johnson, Matsunaka, L. Powers, Tebedo,
Wattenberg, Weddig, and Wham.
CONCERNING WATER WELL PERMITS IN COUNTIES WITH A RURAL LAND USE
PROCESS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 30-28-101 (10) (c), Colorado Revised Statutes,
1986 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBPARAGRAPH
to read:
30-28-101. Definitions. As used in this part 1, unless the
context otherwise requires:
(10) (c) Unless the method of disposition is adopted for
__ - the purpose of evading this'part 1, the terms "subdivision" ano - - -
"subdivided land", as defined in paragraph (a) of this subsection
(10), shall not apply to any division of land:
(X) WHICH CREATES A CLUSTER DEVELOPMENT PURSUANT TO PART
4 OF THIS ARTICLE.
SECTION 2.' Article 28 of title 30, Colorado Revised
Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION
OF A NEW PART to read:
PART 4
CLUSTER DEVELOPMENT
Capital letters indicate new material added to existing
statutes; dashes through words indicate deletions from existing
statutes and such material not part of act.
30-28-401. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) IT IS IN THE PUBLIC INTEREST TO ENCOURAGE CLUSTERING
OF RESIDENTIAL DWELLINGS ON TRACTS OF LAND THAT ARE EXEMPT FROM
SUBDIVISION REGULATION BY COUNTY GOVERNMENT PURSUANT TO SECTION
30-28-101 (10) (c) (X), THEREBY PROVIDING A MEANS OF PRESERVING
COMMON OPEN SPACE, OF REDUCING THE EXTENSION OF ROADS AND
UTILITIES TO SERVE THE RESIDENTIAL DEVELOPMENT, AND OF ALLOWING
LANDOWNERS TO IMPLEMENT SMART GROWTH ON LAND THAT IS EXEMPT FROM
SUBDIVISION REGULATIONS.
(b) LANDOWNERS SHOULD HAVE THE OPTION TO CONSIDER CLUSTER
DEVELOPMENT WHEN SUBDIVIDING LAND INTO PARCELS IN A MANNER THAT
CONSTITUTES AN ALTERNATIVE TO THE TRADITIONAL THIRTY-FIVE ACRE
INTERESTS DESCRIBED IN SECTION 30-28-101 (10) (c) (I).
--—— - (c)—A-PROCESS-SHOULD BE-AVAILABLE-FOR-THE DEVELOPMENT OF
PARCELS OF LAND FOR RESIDENTIAL PURPOSES THAT WILL AUTHORIZE THE
USE OF CLUSTERING, WATER AUGMENTATION, DENSITY BONUSES, NOT TO
EXCEED TWO UNITS FOR EACH THIRTY-FIVE ACRE INCREMENT, OR OTHER
INCENTIVES,AND THE TRANSFER OF DEVELOPMENT RIGHTS AND FULFILL THE
GOALS OF THE COUNTY TO PRESERVE OPEN SPACE, PROTECT WILDLIFE
HABITAT AND CRITICAL AREAS, AND ENHANCE AND MAINTAIN THE RURAL
CHARACTER OF LANDS WITH CONTIGUITY TO AGRICULTURAL LANDS SUITABLE
FOR LONG-RANGE FARMING AND RANCHING OPERATIONS.
30-28-402. Definitions. AS USED IN THIS PART 4, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "RURAL LAND USE PROCESS"MEANS A PLANNING PROCESS DULY
ENACTED AND ADOPTED BY A COUNTY WHICH IS DESIGNED TO OFFER A LAND
USE OPTION FOR SINGLE FAMILY RESIDENTIAL PURPOSES THAT DIFFERS
FROM TRADITIONAL THIRTY-FIVE ACRE DIVISIONS OF LAND, AS DESCRIBED
IN SECTION 30-28-101 (10) (c) (I).
30-28-403. Cluster development. (1) A CLUSTER DEVELOPMENT
IS ANY DIVISION OF LAND THAT CREATES PARCELS CONTAINING LESS THAN
THIRTY-FIVE ACRES EACH, FOR SINGLE-FAMILY RESIDENTIAL PURPOSES
--- -ONLY, WHERE THE-TRACT IS-BEING-DIVIDED-PURSUANT-TO A-RURAL LAND- --
USE PROCESS AND RESERVES AT LEAST TWO-THIRDS OF THE TOTAL AREA OF
THE TRACT FOR THE PRESERVATION OF CONTIGUOUS OPEN SPACE. NO RURAL
LAND USE PROCESS AS AUTHORIZED BY THIS SECTION SHALL APPROVE A
CLUSTER DEVELOPMENT THAT WOULD EXCEED TWO RESIDENTIAL UNITS FOR
EACH THIRTY-FIVE ACRE INCREMENT.
(2) AS A CONDITION OF APPROVING A CLUSTER DEVELOPMENT, A
RURAL LAND USE PROCESS SHALL REQUIRE THAT THE CLUSTER DEVELOPMENT
PLAN TO SET ASIDE LAND TO PRESERVE OPEN SPACE OR TO PROTECT
WILDLIFE HABITAT OR CRITICAL AREAS NOT PERMIT DEVELOPMENT OF SUCH
LAND FOR AT LEAST FORTY YEARS FROM THE DATE THE PLAN IS APPROVED.
PAGE 2-HOUSE BILL 96-1364
,30-28-404. Water -'sewage - roadways - notification to
state engineer.-(1) IN AN EFFORT TO PRESERVE OPEN SPACE AND WATER
RESOURCES, A CLUSTER DEVELOPMENT MAY OBTAIN ONLY ONE WELL PERMIT
FOR EACH SINGLE-FAMILY-RESIDENTIAL LOT PURSUANT TO SECTIONS
37-90-105 AND 37-92-602, C.R.S., SUBJECT TO THE PROVISIONS OF
SUBSECTION (2) OF THIS SECTION.
(2) EXCEPT IN AREAS OF THE STATE WHERE UNAPPROPRIATED WATER
IS AVAILABLE FOR WITHDRAWAL AND THE VESTED WATER RIGHTS OF OTHERS
WILL NOT BE MATERIALLY INJURED AND EXCEPT INSIDE DESIGNATED GROUND
WATER BASINS, A WATER COURT-APPROVED PLAN FOR AUGMENTATION SHALL
BE REQUIRED AND SHALL ACCOMPANY ANY COUNTY-APPROVED RURAL LAND USE
PLAN WHEN THE WATER USAGE IN THE CLUSTER DEVELOPMENT WOULD EXCEED
AN ANNUAL WITHDRAWAL RATE OF ONE ACRE-FOOT FOR EACH THIRTY-FIVE
ACRES WITHIN THE CLUSTER DEVELOPMENT. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO PRECLUDE THE USE OF TREATED DOMESTIC WATER
PROVIDED BY ANY PUBLIC OR PRIVATE ENTITY.
(3) NO LATER THAN TEN DAYS AFTER APPROVAL OF A CLUSTER
rIA DEVELOPMENT PURSUANT TO A COUNTY'S RURAL LAND USE PROCESS, THE
I l�� BOARD OF COUNTY COMMISSIONERS SHALL NOTIFY THE STATE ENGINEER OF
SUCH APPROVAL AND SHALL PROVIDE THE STATE ENGINEER A COPY OF THE
0 r APPROVED RURAL LAND USE PLAN THAT INCLUDES THE CLUSTER
, ; DEVELOPMENT.
11:1)L
SECTION 3. 37-92-602 (3) (b) (II) (A), Colorado Revised
Statutes, 1990 Repl. Vol., as amended, is amended, and the said
37-92-602(3) (b) (II) is further amended BY THE ADDITION OF A NEW
SUB-SUBPARAGRAPH, to read:
37-92-602. Exemptions - presumptions - legislative
declaration. (3) (b) (II) (A) If a permit is sought by a user for
a well exempted under paragraph (b) of subsection (1) of this
section which will be the only well on a residential site, which
well will be used solely for ordinary household purposes inside
a single-family dwelling and will not be used for irrigation or
will be the only well on a tract'of land of thirty-five acres or
more OR WILL BE THE ONLY WELL ON A CLUSTER DEVELOPMENT LOT,
SERVING ONE SINGLE-FAMILY RESIDENCE, WHERE THE RATIO OF WATER
USAGE-IN THE-CLUSTER DEVELOPMENT DOES NOT EXCEED ONE-ACRE-FOOT OF
ANNUAL WITHDRAWALS FOR EACH THIRTY-FIVE ACRES WITHIN THE CLUSTER
DEVELOPMENT and will be used solely for the purposes specified in
paragraph (b) of subsection (1) of this section, and the return
flow from such uses shall be returned to the same stream system
in which the well is located, there shall be a presumption that
there will not be material injury to the vested water rights of
others or to any other existing well resulting from such well,
which presumption may be rebutted by evidence sufficient to show
such material injury.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE
THE STATE ENGINEER FROM REQUIRING METERING OF WITHDRAWALS,
PAGE 3-HOUSE BILL 96-1364
J
0 0
PERIODIC REPORTING OF SUCH WITHDRAWALS, AND CESSATION OF
WITHDRAWALS THAT EXCEED ONE ACRE-FOOT OF WATER FOR EACH
THIRTY-FIVE ACRES WITHIN A CLUSTER DEVELOPMENT.
SECTION 4. Safety clause. The general assembly hereby
finds,determines, and declares that this act is necessary for the,
immediate preservation of the public peace, health, and safety.
/ �'- I--
/
11,'
i..'. - -� .1 %/%ice.
• . : . Tom Nor on
SPEAKER I' TH SE r PRESIDENT OF
OF REPR`ENTAT._ ES THE SENATE
alit v
u it . Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUS SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED /7 le'-'4/..5 4".•"1...:;;2(4,12.,
6: ‘7
Roy om
GOVERN OF THE STATE OF COLORADQ,
PAGE 4-HOUSE BILL 96-1364
PROPOSED CHANGES TO WELD COUNTY SUBDIVISION ORDINANCE#173-C,
SECTION 11,WHICH ARE NOT A PART OF PLANNING COMMISSION
RESOLUTION DATED DULY 16,1996
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 mimmum lot size(160
acres)in the A(Agricultural)zone district
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 the Ordinance
11 9 4 The three(3)-lot recorded exemption can be considered to be created as a
result of a"rural land use process"under State statute
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
mimmum 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 request for this purpose may be submitted with a Recorded
Exemption application
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
i ounty of Weld,State of Colorado,that certain existing sections of said Ordinance No 173,as
mended,are repealed and re-enacted,with amendments,and the various sections are revised
o read as follows
7
,—/
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 ofall 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
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
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
t_)
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
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
\�C 6, j.Application The three(3)-lot recorded exemption application shall include
y A the total contiguous land ownership equal to no less than twice the
minimum lot size(160 acres in the A(Agricultural)Zone District The /9,-d
#2� fact that the applicant has conveyed,within the last calendar year,land
which would have been considered contiguous had it been retained,may
Y�` ejf/t6.4.- be considered as evidence of an intent to evade the purpose provisions of o ' f,'-
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 am 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 consisting of three parcels,two of which are '
parcels less than 35 acres in size,may be established in the A(Agricultural)Zone
(� ` p District when total contiguous ownership is equal to at least twice the minimum lot
tv�-�1 size and if the largest resulting parcel is at least 120 acres in size
LTV
11 9b 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 cnrrwc+.-^-;- ',y the Board or planner when the
/5— reconfigured in a way which does
0 es in the original recorded
siL
11.10 1 2 j % - ng provisions of Section 11 8 8
t;orded exemption associated with
/0_,2324-a-eiZ-- 7C)'
11 11 Recorded E?
11 11 1 i f- - -_ led exemption which is not a
ce,6e. ' Ordinance,shall be
it i S , ;legible The date for calculating
a 1 8 8 shall be the date of the
I
I? 'ted with the parcel only in the
E
following instances
CjiLl
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
0�
minimum lot size required in the affected zone district,the applicant is eligible o ,
apply to decrease Lot B to the minimum lot size required subject to the limitation
of Section 11 8 7 of this Ordinance
I �N
RENUMBER EXISTING SECTION 11 11 AND SUBSECTIONS TO 11 13
11 12 Recorded Exemption Amendments(with time change) �� r
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 E1
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
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
, 1
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
The above and foregoing Ordinance Number 173-D was,on motion duly made and
seconded,adopted by the following vote on the 11th 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-Tem
BY
Deputy Clerk to the Roarri
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
PROPOSED CHANGES TO WELD COUNTY SUBDIVISION ORDINANCE#173-C,
SECTION 11,WHICH ARE NOT A PART OF PLANNING COMMISSION
RESOLUTION DATED JULY 16,1996
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 mimmum lot size(160
acres)in the A(Agricultural)zone district
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 the Ordinance
11 9 4 The three(3)-lot recorded exemption can be considered to be created as a
result of a"rural land use process"under State statute
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 maybe
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 request for this purpose may be submitted with a Recorded
Exemption application
C.^ ! DU: 1,
TO Board of County Commissioners September 17,1996
160. FROM Gloria Dunn,Current Planner
COLORADO
SUBJECT Proposed amendments to Weld County Subdivision Ordinance#173-0
Attached are proposed amendments to the Subdivision Ordinance which were considered by the Planning ,
Commission on July 16,1996 Since that date staff has been looking at other potential revisions as well as-
the addition of a new section to the document
At this time staff recommends that Section 11(Rules and Regulations for Exemptions)be separated from the
other proposed amendments contained in the original packet and brought for the Board's consideration in
order that the three-lot recorded exemption process may soon be made available to interested applicants
Staff proposes two changes to the original packet which the Planning Commission recommended for approval
to the Board It is the opinion of staff that these are not major changes which would necessitate rehearing by
the Planning Commission
The first change is a reduction in the size'requirement of the largest lot(Lot C)of the three-lot recorded
exemption from 140 to 120 acres It is staffs opinion that maintaining 140 acres as a minimum standard may
be too restrictive in some situations
11 9 THREE(3)-LOT RECORDED EXEMPTION
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
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 4-9 0 acres in size
The three(3)-lot recorded exemption process is described in Section 11 3 through 11 8 of this
Ordinance
The second proposed change provides clarification to the 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)
11 42 r14 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§eladditional existing residential-impfeverneftte xxrstin,reside th,a4cesao
T. g from either of the two habitable Recorded Exemption parcels A minimum of two
habitable residential improvements fe re required,before an existing residential improvement can
bc removed from o parcel in,Jeri or_an`applicant to be el gible`fo"ppiy#or tfiis�s l division
exeeipttion re uest allo morefthan o n subdlvisionexemonf pfio t rpo hissemay beysubmitted
ith a Recorded Exempt on applioation
/Th
_ Staff requests that the Board approve Section 11 as recommended by the Weld County Planning Commission
in the July 16,1996,resolution including the above changes to Sections 11 9 and 11 14 2 as presented by
staff
-DEPARTMENT OF PLANNING SERVICES'RECOMMENDATION
PROPOSED AMENDMENTS TO THE WELD COuNTY SUBDIVISION ORDINANCE(173)
YA G g 9_
�TO ,
6 2 5 A list pY of any covenantq,grants of'easement,and restrictions imposed upon any land,
_ ' buildings,and structures within the proposed subdivision
6 2 3 8 A description of the proposed sewer system The description shall include an estimate of the
composition of the sewage in terms of the average pounds of biochemical oxygen demand
per day and total number of gallons per day of sewage to be'treated by public sewer or the
Zoning Ordinance
6 3 1 9 1 _ That the proposed m_aj rE subdivision is located within an Urban Growth Boundary area as
defined and adopted in any approved intergovernmental agreement(s),or as defined in the
Weld County Comprehensive Plan
6 3 1 9 5 _ That bin"" oVIsia as bee mad .or a puf lrc sewa a dlsY os s s em o seNe '
.�g the
majo so
of submission of the subdivision
,6 3 4 1 That the proposed fag subdivision is located within an Urban Growth Boundary area as
defined and adopted in any approved intergovernmental agreement(s),or as defined in the
Weld County Comprehensive Plan '
6 r
6 3 4 5 _ That def lt-••v sm as b en rr a a araa pua iC e age isposal s ste (rye the
o sub j rsion; ,
for the system and,if other methods of sewage disposal arc proposed,evidence that such
7 2 3 11 A description of the proposed sewer system The description shall include an estimate of the
total number of gallons per day of sewage to be treated by public sewer or a suita -of
7 2 3 14 A list c po y of any covenants,grants of easement,and restrictions imposed upon any land,
buildings,and structures within the proposed subdivision
7 3 6 1 That the proposed major subdivision is located within an Urban Growth Boundary area as
defined and adopted in any approved intergovernmental agreement(s),or as defined in the
Weld County Comprehensive Plan
7 3 6 5 That definite prow s onah heenima el• .:uf;lie ewage disposal sy tem t• ,eke fhe
a osu r nsie s s n ,
it sb
made for the system and,if other methods of sewage disposal arc proposed,evidence that
7 3 7 1 That the proposed higial subdivision is located within an Urban Growth Boundary area as
' defined and adopted in any approved intergovernmental agreement(s),or as defined in the
Weld County Comprehensive Plan
7 3 7 1 5 Thatidefinite 01*,ision,as een made�fi c u llc ewage dis owls stem fo serve th
ri�ajorsutjdivrsionj , ,
8 2 5 3 A petition signed by seventy MO(9)percent of the property owners adjacent to the property
under consideration
1021 1►streetrwithm7major subdivisions`and planne uniRevelopmentscoptai in five 5 nor
mate lots four rreside al,/estate or agricultural°Uses,and all streets within major subdivlsio s
� ,.�- s- �., soh v, y r3�
and lanned uunitevelopme is designate orscommgrciaiora�ndustnal useswillibe,pave4
in acpcordanceiiithhg fol ogtandarsl,
10 2 1 1 Street Plan--The arrangement,extent,width,type,and location of all streets shall be
designed in relation to existing or planned streets,topographic conditions,public convenience
and safety,and in relation to the proposed use of land to be served Streets shall be
extended to the boundaries of each building site,except where such extension is prevented
by topography,other physical conditions,or where the connection of streets with existing or
probable future streets,is deemed unnecessary for the advantageous development of
adjacent properties All budding sites shall have access to a public street a in ern lf"•uhl q
'st eet y thin the`majijr ivision Or p ai nned i evelo meat,
10 2 1 8 1 Str f Lane Width Shoulder Width
10 2 1 13 Cul-de-sac Streets—Permanent cul-de-sac streets serving no more that twenty(20)lots may
be permitted and must be provided with a right-of-way turnaround of sixty-five(65)feet radius
or more and the outside curb or pavement edge radius must be fifty(50)feet or more e
naxpom cul.7dersac,leng r dotfexc 00 feet '
10 5 6 Each lot shall be provided with an adequate access to an egg Irit em t public street riiifhin
thenajor:subd�yisioorpianned unit developmnt
11 3 13 2 The boundaries of the-twe ao lots created by the proposed recorded exemption
11 3 13 4 The'location of all existing and proposed driveways and accesses associated with either lot
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 lie
map shall also ncl`ude the locations all ro:21—e andFexiskig5 cc ss`es'
11719
shall be designated"Lot A"and the larger parcel"Lot B" The acreage of Lot A and Lot B
by Section 11 7 1 7 of this Ordinance,unless it 13 35 acres or greater and the approximate
The a s,14,(de°an ac'c r to ra n of4114
-- appr�ove�'lofs;3,
Air 1 9 1 Twd(2)clot recordedaexemption The!s aller parcels all'be'desl sated Lot A and t ie lar er
parcel Lot B Theracreag s for Lot A a d Lot B sha be given=4The acreage for Loot A sh I
belaccurately sou veyedd and the drawingshall include bearings;distances,and curve data
_ call lines ofsLotA,w ch`shall bexrefe enced to two�'g pubhc and su ey�thq t menttss o
record„L.ot B,shall also be surveyed;if required b S do 1 7,1 •f,t Is idi Y un ass
it is 35-acres'orgreater and the/approximate des ons forthe;botida of of B can"be -
give.E ,string publicc rights of y dimes
pr idl accessat mot dots`sc al e"show o
11 7.1 9:9 Three 3)-lotiecorde#exemption r parcels shallibe designatec of A ni
Lot B The acreage fo99r Lo A and,LottB shall be accuratelysurve edian_thee dr mg shall
i 1 �$x��.s ® wq� Y✓FyR Y . x,.e� A � ,. �s,
include bearings distances,and curve data for all Ii es of'Lgt and Lo B;w is shalt be
referenced,tto two(2),public land si e monuument f reco jd The )arge parse(
'shall be designated Lo,~,Lot C s l`also beasurveyed,if=re uired by,Section 117 15 7 of
this Ordinance,.unless the approximate dimensions for thebo ndary of Lot,C can be�given .
Existing public rights-of-,way providingiaccess to alll lots shallib'eshown
11 8 1 The water supply for beet 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 beet 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 access exists for bath 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 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 he three
(3)lotrecor 1e exemption dppGcation sell include the total n it uous land o ne
to'-no less than twicettheaminimum tot size(160 acres)jp t e (Agricultu,,I olLe district
The,fact�thato he applicant has conveyed,within t te'vla't a ehidar%year laid*Which would
have been considered contiguous had'it"hee n retained; be considered,as'evidence of
anrite t tolevaeathepuibosepprovsonsof,Sectios13 and 1' ts Oidina ,e
" 11 8 8 The proposed recorded exemption is not part of an approved a recorded exemption,a' roved
within the last ten(10)years This,provrsion shall s applyAn an=commercial or industrial
zonedistricL
11 9 THREE(3)-LOT RECORDED EXEMPTION
Owners of`lapi a eibfe fbrapplyifo a,three(3)Qlot�reco died exemption only,vwhenTthere
israt least tviice,the contiguous minirnumxtot size y16g ac es)initheA(A ncultu'ra))zone
district
Aree(3)-lot recorded exemption consisting of three'parcelsi o o fwhich,a a parcelsfl se s
than 35 acres insize;maybe established_in the A(Agncultura zo a gist ict.. e``total
contiguous ownership s9dequalto at least wtwice the minimumfoo,i eand�if`t Iarges
resulting parcel is at'least 40 acres inssize;
The three(3)-lot recordedNeemption process_is describedin Section 1 h or ugh 11 8 of
this�0rdinance,
11 10 AFFIeftElflief149 RECOR® DL—EXEf QN CQR EC S
b '9 �qs 9'' "m�^'c,r'�uax�>,_-m�'a^pR+ "-'-n,"s"�-°l*'^!7$�$, �"T""'^.i� _ .iS",'�-y,H+-vn
1�1 10 The ioardof planner-hiay approve7a co rection to arrecorded exem tiori��'he co rectioi�
shall,onlyaddress tech I errors�„where suchtco ec o is consisten th the pro plat
,��,3"s..�w s?�67 p r� `� b„= „� ,_-.�,
antl=apphcation ec mal esro1s,,ndc e,ait,are no a i tted'ito er g sc ire a rrors
pfittplat q d correcting s rveyingge torn
kreco�ni_guration'correctionFinaybeap roved bytheoard�orplan ec" 'en epa cels o
_! ,,� "'°�+ram. r z�.� �r �,,r' �r++�s-„, ��,--- '-�.�,���3t�,�>,c�^.
e,existin reco ded exe tion rare reconfi urede in a wa "t�vfiic i aoes,not s,bsta,ball
change n berof,o al acresTinth_enginalrecore(edexee�ptiot4`and eate,bn�o,
additionalpares
�10
ofsgo,01�141 8 ,�Tdte ofthemos`reenprmousrecords e mptiono ssociate with`thearceribtthedahb.te,otfieoe io11
,
1 j11 REC®RDE lEXEMFTIOICAMENDMENTS7(with tit merch na gg
11 1 11 Anji changfto io sI appro red re oc riled=exe ptlon;wFiich s no a,correc it on,as
defined-in Sec ion 11:10�0 this®ding cep sl all be,processedtas ,newior amended
ecorde exe ption,fe igible The�date�forcalculating Mppplia ce ith eti 'fig,%Instal*
of Se on;,,11.8 8ishall e the date Hof the mos_receritergyio s.r_ecordetl e e��on
associatedwttrth;�e parcel on the o ly in itowrng ip ta,gces:
'WI 1.1 13 Where a boundary han resultssin the exp,�ansio f:mot A nto t of B whe�eb ynn, treat n4
an additional tiyj j g,site or'chang n fh� xtenor bounds'"ry of-LotjB;
0 11 11'1 --*e"previous appro;,-al of3a ecorde emptioninc udeddmore than fhe"min mu (ot zsi e
equired;in` e affected:zonejistnct,t e�app0cant is=eligiblejto applyito decrease bUttothe
i E lot size re,�qu ed�b'ect t t limitationso ectioe;1 lei of flits Ord► ce;
1i12 ECORDED EXEcP-o.fmEENDNIENTS `itb tcoie hangs
4Su112e 1 uent reru�Anm S ieerchmtaigo�ni ng t hl ol o
�gtio�u,eotv �s.1a1O�rd�nip�o n.v c dcdll rbe pearoxr ec�empp ti onwhit isno o s
pcfi ctlydefin
�d
e14 e amedecCr�ctde,' empon' elgbe; hedaefor,-matrig=comp anee wthjRe timtngjprosionaof
Sectioti:1 8.8slialtbehedate Oahe rectordngohatnndc� '
1t
11 1211.14 General
11 121411 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 4 M 2 When used in conjunction with a Recorded Exemption whose request is to remove existing
residential improvements from a parcel,the Subdivision Exemption may be utilized to request
separation of additional existing residential improvements from either of the two habitable
Recorded Exemption parcels A minimum of two habitable residential improvements ye b e
required before an existing residential improvement can be removed from a parcel
11-1-3;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 II o osed and ears mg accesses
for,eac garceifaUbe_s own
'-'11:5167:, ,-, _ - _, ,.. C --- ' - ,'-' ,-- -,--- :-/- ' '--,t' ' z--_-', ' ' ---
,...,, -,, , - , -
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- -, -- -,-, '.,,,,,---i,(:,, ,, --- ,- ,-- i-i-----1---, -' ,.. :1-1 --111' , -- ,--'2 --, - -MEMORANDUM
,-, _-__ -', i 1 ;4 _ To`-Weld County Planning Commission r -_' July 9,1996 - - ,�
IT 'From---Glona�Dunn,Current Planner
- , , ,' r ° - Subject- Proposed_amendments to Sections'4,^_6,7,8,-10,and,11,of the-
_- ''Weld County Subdivision Ordinance _-, - _ .�4
-- The Department of Planning Services-recommends that the_proposed^amendments be approved ' -
' ^ ,'foe-the-following reasonsl ,- � -
- 1 '2-The existing Subdivision,Ordinance is in`need of revision _ -_ _- . -
s
2 The proposed sections will be consistent with the future goals and-needs of the-County as set_
`out in the-Weld County Comprehensive Plan - ' _ " , ,--) _
3_ The proposed amendments Will_be consistent with the t overall intent-of the_Weld County'
Subdivision Ordinance` -- `
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t
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r i k r - _ -,_ _ SERVICE TEAMWORK,INTEGRITY,QUALITY -
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_--SUMMARY_OF THE WELD COUNTY PLANNING CO MMISSION MEETING _ -- -_ -, ,,-_ _
-CI ,k` r , -,' , - ' Tues_day,,July 16,1996;
A regular meeting of the Weld County`Planning Commission was held on July 16,1996,in the County Commissioners' . -
-t- -_ Heanng Roomi(Room#101),Weld,County Centennial Building,91510th Street,Greeley,Colorado.The meeting
- - 'Wet-called to order by Chairman,�Richard Kimmel - " <''- _ -' '2 :. - --
---Tape 506 -12 , _ :4'F - -, ;
-- ' Richard Kimmel ' ' ,, -Present ',- - T _
- - - Ron Sommer : - ' ' _ `Absent - °-' ,' -
1-,_y 2,----Shirley-Camenisch - u ' , - - Absent ,, -
Cnstie Nickles , > Present U ,- _
Jack Epple Present> _ _',2;-
- .Mane Koolstra- _ - - - . - Present 2 , -
Arlan Marrs - - Present _- ,� - ,
' ,Ann Garnson - '- Present -, > _
- - ,-Zachary Allely , - ' `_ -_ ` Present i ,,
_ , _Also present Monica`Darnels-Mika,Director,Shani L"Easpn,Current Planner,Glona Dunn,Current Planner,
Department Planning Services,Lee Mornson,Assistant Weld County Attorney,Don Carroll,Department Public
-Works,Jeff Stoll,Environmental'Protection Services,Cyndie Watts,Secretary - ,-- 1 ` _`_ _
- ' - The summary of the last regular meetingyofthe Weld County Planning Commission held on July 2,1996,,was
approved as read _' -- _,
--The Chairman stated that there was arequest to change the order of the agenda to hear Case USR-1090,second, - -
-0 ,Zachary,Allely motioned-Case'USR-1090'be-placed second on the_agenda Arlan Marrs_seconded the motion -'
- - 1 - CASE NUMBER; S-401 '`- .A
r
'' PLANNER r -Glona Dunn- - , _ - -,
' _,-_ -- APPLICANT' John T Martinand James I Marlin - J-
','. REQUEST`- ^ Subdivision Preliminary Plan' , L _ ` , _
_ `, LEGAL DESCRIPTION- "SE4-of the NW4 and the SW4 of Section 12,T1 N,,R66W of the_6th P M,Weld'
F County;_Colorado _ _, -
u LOCATION _ North and adjacent to Weld County Road 10 and approximately 112 mile.west of Weld, -- ,
- - `County Road 37' - ,
,, Glona Dunn requested that the Planning Commission grant a continuance for Case S-401 to August 6,1996,at 1.30_ -: -
p m In response to'a referral from the State,Engineer,-the applicant has submitted a change in the amount-of
' < - 2-;irrigation water that would be available-for usage on the residential lots in the subdivision. The Department of-
Planning is waitingson the State Engineer's reply in order to evaluate and prepare a recommendation;therefore,the ; . -
_ request for a continuance of Case S-401' - - -` - Y
The1Chairman asked if there was anyone in'the-2- audience,who wished to speak for or against the continuance ' -
of Case S-401 , _ -- ` -
Bill Childs,the representatrve for`the applicants;questioned the verbiage in the documents he had received and stated ,
- ',thathe would consent to a continuance of Case S-401 to August 6,1996 --
- _ Janet Cooper,a surrounding property owner,is concerned about discrepancies in the water and road plan and ,
' ,-- supports the continuance of Case_S-401 She submitted,a letter opposing the subdivision request
0 Zachary Allely moved for the continuance of Case S-401 to August 6,1996,at 1.30 p m.Ann Gamson seconded,"`
the motion ,
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' r.PLANNING COMMISSION MINUTES -_ - t,` - -J , . --
- ,July,16,1996 _ , -
Page ,
a, = _ = 1, "
- ,;The'Chairman,asked the"secretary_to poll the membersrofthe Planning;Comuriission,for_their,decision,Cnstie Nicklas- _-
-- ,f,yes;Ann Gamson yes;Mane Koolstra-yes,Jack Epple y es;Zachary Alleyyes;Arlan Marrs-yes;Richard Kimmel-yes ;_
-- __,'Motion carnedunanimiouslyt: - _ '
'2:._, CASE NUMBER- 'USR-1090- _ ,� -`= , _ - r
-'`' -^PLANNER:` : Sham Eestin(Continued from August 15,'1995,regular scheduled meeting) _ , -
- ;APPLICANT'' ',Preston,Chnstien,Ranch,c%Ellen C Korthuis = - �> ,
-,'_I-J` -REQUEST 2'' -"A"site specific development plan and special use permit fort a pnvate school,church and'
-<M , , ---J s, multiple dwelling units in the A(Agricultural)zone distnct- - ,
-_ t' LEGAL DESCRIPTION Located in the SE4 of the SW44of Section 17,and the E2 of the NW4 of Section
- - 20,T2N,R62W of the 6th P.M;Weld County,Colorado ,
- LOCATION ' ,West of and adjacent to Weld County Road 75 5;approximately 1/2 mile north of Weld
County Road 18 , - ', , -
r
' _ `Sh'ani,Eastin reviewed the continuance history of USR-1090'.On August 15,1995,the case was continued to
September 7,1995,"because not enough referral agencies responded at that time to make an appropnate -
' _-_ ,recommendation On September 7,1995,the case was continued indefinitely to allow the applicant time to address -
_ `water pemuts and local school distnct concerns-At this time the applicant has acquired the appropriate water permits
"and has been in contact with the local school distnct
- - - The facility;upon`completion,will house 96 children,-and 29 employees'The facility will consist of a pnvate school,
-church and_eight multiple dwelling units on 120 acres The Department"of Planning Services As recommending ,
approval of USR-1090 The staff feels that the matenals are incompliance with the apptication requirements of -
'r Section 24 7 of the Weld County Zoning Ordinance,as amended It is the opinion of the Department of-Planning
-_ - Services'staffthatthe applicant has shown compliance:with Section 24 3 of the Weld County Zoning Ordinance,as
',amended The proposal is consistentwithtthe Weld County Comprehensive Plan's Agncultural Goals and Policies
_ _ __`- section The'proposal does pot take prime farm ground out of production-'Thistproposal is also consistent with the-
intent of the A(Agncultural)zone distnct"Portions of this site liein-`the,,flood plain,but staff feels that adequate r,-
' , - provisions'have been made in development standards and conditions of approval to substantiate this The Special
`Review Permit Development Standards will-provide-adequate protection of the health,safety and welfare for the
`neighborhood and County ` -, _ , `
,The Department of Planning Services'Staff recommends-thatthe'P_lanning Commission'approve'USR-1090 with-the
-- ` - - '8 Conditions of Approval and the 16 Development Standards - .;„ '' - -, ; - - ,
' Arlan Marrs was concerned about the responsibilities and liabilities that Weld County could face by allowing the facility _
_ -to be located so far away,from services {
-- Lee Momson commented thet the circumstances were not'an y different from a public school and did not foresee any
1 additional liability. - - ' -
-- - -Don Carroll stated that Public Works does,provide emergency assistance for medical reasons,need for propane,or
_ = necessary itemsr Don Carroll will be studying the potential traffic numbers to see it the road might require paving
A,traffic count would need to be taken Dust control measures are in-place now - v
t "- -,The Chairman asked the applicant if they would like to come forward. __,,�,_, - - _
-t = Ellen Korthuis,the applicant,stated that there is an increasing need-for permanent homes for children and this �= ,
request is to provide that need <
-
Mane Koolstra asked'what agencies would refer these children. ' - , '
i
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- - '- -,--' ' ''--- -; - '-, ---C) - `- ' - -'
, PLANNING COMMISSIONLMINUTES,`-'- - -
July le,199F�,-1 -�,_ - _
,0 'Page3 - - : = „
EllenKorthuis explained that>the basic:drawing_area would be Weld:County;,however,they_would be open for-'- = ern children anywhere in east Colorado including Adams County - __ ,-' ri-,
Arlan Marrs questioned how the children would be placed into this facility and who would end up with-custody of the, -
' -- - children-Also,how many of the 26 employeesrwould-beat the facility full time =
Ellen Korthuis stated that_theraare a number of ways for the,childrento be referred,such as,relatives,-and social
_ - services Ellen Korthuis would not adopt the,children but would maintain guardianship,,The employees will live_on
t the facility-full-time,Each house will have two`house parents and one helper.The original plan is seven bedroom--_
-houses`with,two children per bedroom After work_ing with other agencies eight or ten will brae more realistic number:-;_ ,
of children per house - ' ,- , ' ' _ , ,_
' - Arlan Marrs voiced concerns about taking children from an urban to a rural situation-and if all education would be
-- - 'provided,onthe site, - _
-,Ellen Korthuis explained that children usually thrive in a rural situation and the change is usually a positive one The
,plan is to school all children on site when the school is built Currently all children that can be mainstreamed into the_ _
' - local school�distnct would be'Those with special needs would be taught on the site �, - - '
`-- - Jack Epple and Arlan Marrs both expressed,'concerns for the_locate school district,such-as funding,and _
- overpopulating - -- - , ,_ -
_ r
- Ellen Korthuis stated that the state reimtburses the-schools for each child<Each child brings money with them from
where they came from in order to pay fr schooling The children would be placed into the public school gradually, -
-� from schooling
__, 'overtime The school on the site should be finished eventually to relieve the public school from-overpopulating The ,,-
- local school district of Prospect Valley had three objections,What would the ranch do with the children after the age.'
-eight's The ranch will be taking'children from the ages two to eight,once the child is there,he/she will stay there°even ,
' after'the age of eight Would the ranch have total care of the children?Total child care would be takencare of by_ - ''
- =the ranch:Children would be supplied with psychological'help if needed,special schooling,etc Would the ranch-`
' -- ,bankrupt the local school district?,When a child is placed in a residential child care facility,the school district of, _
- -_ residence is responsible for the educational`cost of that child'The state would take careof any additional school- -'
_ ',-, "funding for special care There are also severalhome ;
other,funds available for children being taken care of in a' -, -_
,. -Children in a permanent residential home care can receive.$991 a,month per-child Also,the state will pay for any
-- - psychological care and special,education needs the children needy ' , -
` - Jack Epple questioned if the water wells the state permitted would have_enough water -' - -
Ellen Korthuis explained that at 8-0feet they hit 15 gallons per minute The state engineers determined that these two, _
- - wells,would provide enough,water. , w
A ,
Robert Korthuis stated that in-permitting the wells the test holes showed�sufficient water - - _
Jack Epple asked Don Carroll,as to-what type of classification the"road is and who maintains it.rt
'_" Don Carroll replied that itis a`localroad The county'does'grade it - _ .-
' - Ellen'Korthuis stated that they-have been working'with two other orphanages-They have been helpful with policies `-
--_and procedures The land was donated to them and they'now have a deedfor'120 acres instead of 80 acres,In-- `
-doing this,the name of the ranch needed to be changed legally to Preston Ranch Ministries.
0 - Richard Kimmel questioned the time frame of the buildings '
,,
rm \'---
_ , ,\_____, __
PLANNING COMMISSION MINUTES
July 16,1996
(--) Page 4
Ellen Korthuis explained that they would like three houses in place before they build the main service house They
would like to have at least one house built with in a year The construction of all the buildings could take several
years
The Chairman asked if there was anyone in the audience wished to speak for against this application No one wished -.
to speak
Richard Kimmel asked the applicant if she was in agreement with the Department of Planning Services'staff
recommendations and Development Standards
Ellen Korthuis stated she agreed with the staff
Ann Garrison moved Case USR-1090 be forwarded to the Board of County Commissioners with the Planning
Commissions recommendation for approval Cnstie Nickles seconded the motion
The Chairman asked the secretary to poll the members of the Planning Commission for their decision Richard
Kimmel-yes,Cnstie Nickles-yes,Ann Garnson-yes,Mane Koolstra-yes,Jack Epple-no,Zachary Allely-yes,Arlan
Marrs-no Motion carned with a vote of 5 to 2
Jack Epple stated that he voted no because he feels that with the complexity with the schools they may not reach an
agreement Also,he is concerned about the additional services the county may have to apply out at the site
- Arlan Marrs commented that he realized that this is a needed facility,but he is uncomfortable with the location and
r—‘, the impact on the local community
l
3 PLANNER Glona Dunn
REQUEST Consider amendments to Sections 4,6,7,8,10,and 11 of the Weld County Subdivision
Ordinance(173-E)
Glona Dunn explained that this is a request for proposed amendments to Section 4 for Minor Subdivision,Section 6
&7 for Major Subdivision,Section 8 for Minor Re-Subdivision,Section 10 for Design Standards,and Section 11 for
Exemptions of the Weld County Subdivisions Ordinances as amended Many of the changes requested are to
provide clanficahon to existing standards or to correct typographical errors in the existing document ,
' The new Section 11 9 for the three(3)lot Recorded Exemption is proposed for addition to the Subdivision Ordinance
The three(3)lot Recorded Exemption may be applied for in the following instances if the subject parcel is twice the
minimum lot size or 160 acres and is located in the agncuttural zone distnct,if the largest resulting parcel is no less
than 140 acres in size and the two smaller resulting parcels are each less than 35 acres in size The three(3)lot
Recorded Exemption would in general follow the same processing procedure as the two(2)lot Recorded Exemption
The previous Sections 11 9 for Recorded Exemption corrections and 11 10 for Recorded Exemption amendments
arerenumbered and have been expanded to provide greater detail of these processes
The staff is recommending approval of the proposed amendments for the following reasons the existing Subdivision
Ordinance is need of a revision,the proposed sections will be consistent with the future goals and needs of the
County as set forth in the Weld County Comprehensive Plan and the proposed amendments will be consistent with _
the general intent of the Weld County Subdivision Ordinance
_ Arlan Marrs asked for the definition of a public sewage system from Section 6 3.
Glona Dunn defined a public sewage system as a system supplied through a municipality
_ PLANNING COMMISSION MINUTES
July 16,1996
Page 5
Arlan Marrs questioned if you wanted to develop your own subdivision that would provide a sewer treatment plant
for the entire subdivision,does this qualify as a public system
Lee Momson explained that if a special sanitation distnct is,created,it would fit the classification of public The state
most likely will not approve a facility that is not publicly created and financed due to the history of pnvately owned
sewage plants-
Arian Marrs expressed concerns why is it inadequate to have a septic systems in a subdivision as long as the lots
sizes are 2 5 acres or greater
Gloria Dunn explained that with the concentration of the number of septic systems that there is more nsk of
environmental problems The intent of the Comprehensive Plan is to locate major subdivisions within an Urban
Growth Boundary area within 12 mile of a municipality,preferably adjacent to a municipality,so that it is possible for
the subdivisions to have public sewer facilities as well as public water
Arlan Marrs questioned what would happen if you were not within a mile of an urban growth boundary
Glona Dunn stated that the staff would recommend reducing the number of lots to five(Minor Subdivision)or
considenng another location which meets Urban Growth Boundary requirements
Richard Kimmel questioned Section 11 9,for the three(3)lot Recorded Exemption,regarding lot size requirements
for the two smaller lots
Gloria Dunn stated that the 2 smaller lots are required to be less than 35 acres and the remaining larger parcel would
i be required to be no less than 140 acres
Gloria Dunn stated that there is a change in Section 10 21 from the preliminary copy This section designates that
any Major Subdivisions and PUD's containing 5 or more lots for residential,estate,or agricultural uses must be paved
and any streets within the Subdivisions and PUD's for commercial or industrial uses,regardless of the size,must be
paved
-Lee Momson explained that staff needed to make sure that the Subdivision Ordinance and Zoning Ordinance were
not conflicting each other The Zoning Ordinance allows developments with lot sizes larger than 2 5 acres to use
septic systems and the Subdivision Ordinance would also need make reference to this Lee Mornson recommended
that the Planning Commission approve revisions to the Subdivision Ordinance with instructions to the staff to make
sure that septic systems are still allowable in an Estate zone distnct
The Chairman asked if anyone in the audience wished to speak for or against the changes
Zachary Allely moved to forward the amendments to the Board of County Commissioners with the recommendation
for approval and instructions to staff to reword the proposal so that it does not conflict with the Zoning Ordinance
Jack Epple seconded the motion
The Chairman asked the secretary to poll the members of the Planning Commission for their decision Richard
Kimmel-yes,Cnstie Nicklas-yes,Ann Garnson-yes,Mane Koolstra-no;Jack Epple-yes,Zachary Allely-yes,Arlan
Marrs-yes Motion carned with a vote 6 to 1
Meeting adjourned at 2 30 p m
Respectfully submitted, _
Cyndie Watts
Secretary
NOTICEbOF PUBLIC H""''1 '1
',The Weld,County Plannin ' ion_willri /
'condtict.ia`puhcrhearing one uesday,July�t
C)16 1'9961)at.�36�pm-tto�osa lder amend-fin p gg®® A �a
'Werneild Coudy,ts tS bd:vsi ri`OrcJm 10 a-r�ce'(173-E)�; AFF1 I A'tl IT OF PU,UCAT ON
- f;as"follows,`.�o,••�,r�y(,3s��;.3-�');rae.;�F'�._,.^L"a)+
M$ve;ooritents•oi+Sectionr4g V,ppertaining..
a J h,to_crlteria,for meeting RecordediExemptipn` STATE OF COLORADO
standards Ito Section 4 6 16 I6!nd-delete'�
,Section 4 6 18,, t`; r, ` „ SS
r ,k- ; COUNTY OF WELD
Ainend�Sechons 6 25 ar)d,72 3�4 pertain=
�ingtoii�avenan�regli�mQnt's'forfa amajor, 1,Bruce J Bormann,of said Count of Weld,being dui-sue Iv(sfon,la 6 s r' Y 9 Y
Am} �'a,"�,��', x sr� t'3, sworn,say that I am Publisher of
Afie6 I-Sections 6"2,3 8:6'3:a 5,,6 3 4 5,'
7,2 311i7i3 f 5iand7=3'7 3'S)iertalning"to
1pubiiese4ge.tdlsposaiYsystem"require-I THE NORTH WELD HERALD
" ,,,merits—for a,majpr-sbdiwsio t0 x,'.s:, -
;rdtiiend Sections'6319'1,-'6&4•;,1�73'61, a weekly newspaper having a general circulation in said _
_ ,end 7 3 7,1 1�pertairnng�to locati'an 4f a ma-
aaorr,supdi)risitit WRhI'`"ajt tti�barl rowth-1 County and State,published in the Town of Eaton,in said
' -r;l3ound'a ~�rep'Y�-�,t"=-w��°r�bi'�";r�� ',i
l it 'Fr i;`��? iTi ,�,', 7i County and State,and that the notice,of which the annexed is
Amendliecbori;8 e 5 3npertaltying to pelii,on,r a true copy,has beenpublished in said weeklynewspaper for
i re coal`drmj eras;for,a;minor_resubdivision ap-_
P„r tt r '>�{"���F one successive week(s),that the notice was published
r°Amtiitileetion'10 2 10 2.Ngi0 21 13,
I,and;10 5 6 pertaining to design'stendetds for, in the regular and entire issue of every number of the paper
Ptreets°wIthin`sa'riiara7.1ubdrvlslon;or during the period and time of publication,and in the
f Mann d unit development; i44.,i=
�Amend.Secuons 1t 3"132�and11,t 71`9 per;r newspaper proper and not in a supplement,and that the
�tainingg�to}recordetl�exempho'ft sketch=Ian
anljpiat quirements=ty.,,,^k�;,�;�'`'"�"�`'_p publication of said notice
"b" t i=f;�n��' ; r `Y ; Notice of Public Hearing—W/C Planning considering
r Add Sectional 7 iti and 1 7ai 92 pr-- amendments of WC Subdivtsin Ordrn.173-E
t`tauim_`c,�to'-recordeii exempiloq plat�equlre-� ( )
.'.i Zir dip';g`}<"r�, `y�i�i r'"I` tit Ir 1 i l
"a 3-�."y`S'�`����(} i-„des:+r • '�dh�F k 4
r was in said newspaper bearing the date(s)of
�:Amend�Sections,�11 8Q11 82,�1 63 and
`..^z11„87 pbeammgbto a orde eXempbon_
standardsS6n" ua^ 1a� S�=;, Thursday,the 4th day of July,1996
�nA i r`y,._, -,its'is 1 jK�•
etArnend,Section'1188 to-read.,Ther,pro-NII,
s�posedlrecorded examption leapt,partrof a,! Thursday,the day of July,1996
redolded'exemption approved within the last=
w ten(10)years`;This'`shali,7not,apply`iv any+
` r:commercial or industrial cafe clistgcf- , Thursday,the day of July,1996
1-Y card d exemption:to"`readOTh'ree(3)'lot''
u:,•gt,d e1ien,>,,,, ;4'i',,,:zi„;r,f4 r,�--; Thursday,the day of July,1996
1-�,Owpera ofllandt~a'eliitile)fq apply for t
[`a
Na tlir"ee(3)lot-feco(de eicemption only
IV wham there is tat teas ice?tbe con-; and that the said THE NORTH WELD HERALD has been
It���;tlguous'+minimu�l t�s(�,�(160 acres)�l �
3,€'in,the,An(AANuTRif iy%o 41;tvtiCe, y7{ published continuously and uninterruptedly for the period of 52
Ys t�='t`., 12'At,t ; i CY,ALL
6 ons tang oi,hreet_p e15Y oro` consecutive weeks,in said County and State,prior to the date
,�_,i, hich"are parcelslless ia. 5 acres"1 of first publication of said notice,and the same is a newspaper
�;�,!�'i6 s¢e,,dmay�be„e�tabhshet��Tn the A$� '
�` (Agriculturaltrsn'o'disrrdlWhen`totai, within the meaning of an Act to regulate printing of legal
�sc�i contiguous,ow6ership�rs'aqua(�to;at-
. ��"r'twlce,the mmthum otfsiie,and_rt1 notices and advertisem ,approved May 18,1931,and all
�; Ylie-ta7gest iesultingyphrceflls.tlre5stl
,+II :1,4o p,es`in srze y Ct fi,,,`_', prior acts so far as in
t��i.� � p
i ri tie tb�ee(3)`lof°tecpr8edexemption; Weld County PI nnin
- 2�" process is rdescr`ibed�rr$ecUon,,1] .
F"`i'ihro,e 1%of'this Ord igret it EY..1'1
1 FArnend„Septic,.11 10,11,1 land 11 A 2,per,_;
,taimng to'recor`dedsexerpption''bo`�rechons'i RU J BORMANN,PUBLISHER
Viand amendments�find renumber sLbsequent c' J U L.16.199
•,sections._,,,, tizy J',T`r� /
'Amend Sections 11`14 1;and-,1 142.,per- z—
,taming tofapplication for subdivision exemp-p [ r��am' b anon Cost$
tIOnS��t,.'��, r ,_ -i,t<7cF�w,•s��4_ l''''3
C E IV
�++ ti_
IThe,pubiio�'ieanng to�be field by-the Weid
jticorinty,Pla'nning,Commission;for",thereon,,' , i y ""`'+a
�siderationLof,lthe,aliove'referenced`eqquest; F t, t �s.tt `\
:will be`concIfi din the tf:Id County Com,'v �
''missioners;,l-Ieanng Room'Fast Floor;,Weid Subscribed and sworn to before me gv ''r%',,
�County�Certtennlal Center�,9�15=�e�th Street,;�; �`
;Greeley;Colorado'31Comments or obj(ections,, ,�� ��
related to the above regirest`shabld'be sub-", this 27l1�day of July,1996 EBIIKC=,
`milted in writing to the`weld Cou ,1??parti u` ,
_°menuof planning,Pervices;'I3400`N Pi17th r 61:1-ka,
//IIG�j+ ><iF�L�,,,-- Avenuev'e'daleYoe-Presentd'at't1;.before,-; (/1r (�/a/J,a /f the above date or`resented'atAttie''ubhcQ,
t , r hearing on Jul y,16;1996`,lv,4,-, i r<"'_;
Y;;„. ��, ? ERIKA C BAGLEY,NOTA-i PU IC ,C>
'Copies of�tr pubiiposedrame dments'Dn- e O P CO'
3a"vailable.ifor`publicArispdction;i6sthe�De;i ; � —
.partmentof)Pla nmg'iser,,dil ;1400,�1 Ast,, My commission expires October 21,1999
`�4venu'Greeley�:Colorado'�'t�?hone�(970)s'L;
3+3,53-6100,Extension 3540 Z:ri(,,,,:`.1g'S,(, ;i
t' tin' t'",._ ",,�.` -.s+ ,, "
=Richard Kimmel,Chairperson-:~'",.,,.,
{Weid County-Planning CommTsi9 n y_ ,;
Q
DEPARTMENT OF PLANNING SERVICES
PHONE(970)353-6100,EXT 3540
FAX(970)352-6312
I'' ,` :F; WELD COUNTY ADMINISTRATIVE OFFICES
I:. ��t, 1400 N 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on Tuesday,July 16,1996,at 1 30 p m
to consider amendments Sections 4,6,8,10 and 11,of the Weld County Subdivision Ordinance(173-E)as
follows
Move contents of Section 4 6 19 pertaining to criteria for meeting Recorded Exemption standards to Section
4 6 16 16 and delete Section 4 6 19
Amend Sections 6 2 5 and 7 2 3 14 pertaining to covenant requirements for a major subdivision
Amend Sections 6 2 3 8,6 3 1 9 5,6 3 4 5,7 2 3 11,7 3 6 5 and 7 3 7 1 5 pertaining to public sewage disposal
system requirements for a major subdivision
Amend Sections 6 3 1 9 1,6 3 4 1,7 3 6 1 and 7 3 7 1 1 pertaining to location of a major subdivision within
an Urban Growth Boundary area
Amend Section 8 2 5 3 pertaining to petition requirements for a minor resubdivision application
Amend Sections 10 2 1,10 2 1 1,10 2 1 13 and 10 5 6 pertaining to design standards for streets within a
major subdivision or planned unit development
Amend Sections 11 3 13 2 and 11 7 1 9 pertaining to recorded exemption sketch plan and plat requirements
Add Sections 11 7 1 9 1 and 11 7 1 9 2 pertaining to recorded exemption plat requirements
Amend Sections 11 8 1,11 8 2,11 8 3 and 11 8 7 pertaining to recorded exemption standards
Amend Section 11 8 8 to read The proposed recorded exemption,is not part of a recorded exemption
approved within the last ten(10)years This shall not apply in any commercial or industrial zone district
Amend Section 11 9 to read Three(3)lot recorded exemption
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
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 140 acres in size
The three(3)lot recorded exemption process is described in Section 11 3 through 11 8 of this Ordinance
!::,..i...:k.k '',- _ '---'',•' --. __0 — ' _ - _._''_.„,---
`r4,:,..<5.. ..3 , _ ,___0 , ,,'
1 - }+Amend Sections 1,1 10,.11'11 and 11 12 pertaining-to'recorded exemption corrections and amendments and z_ -
", ,"renumber-subsequent sections - ' ; 'r
tt Y LL and _ N - , ,
ry Amend Sections 11 14 1 11 14 2 pertaining to application for subdivision exemptions ,
-�4.'r ,'The public-hearing to be held by the Weld_County Planning Commission for the consideration of the above
.. `° ,° -.referenced"request will be conducted in the Weld,County Commissioners'Hearing Room,-First Floor,'WeldY; ^ _
_- County,Centennial Center,"915 Tenth Street,"Greeley,Colorado Comments or objections related,to the '' -
' �" above`request should be submitte_d m writing to the Weld County Department of Planning Services,1400 N
'= =a 17th Avenue,Greeley,Colorado 80631,before the above date or presented at the public hearing on July 16, '_
- '1996 _ _"
,.s" `�- _! '' Co ies,of the proposed amendments are available-forpublic ins ection in the Department of,planning-;_L -_
- �, - P P P p the p g- � -
',Services,1400 N-17th Avenue,Greeley,`Colorado,-phone-(970)353-6100,Extension 3540
w° p Richard Kimmel,Chairperson -
Weld County Planning Commission ' _ ;
' 7.fr,- - To be published in the North,Weld Herald ,
it
-"
,
:- - To be published pne(1)time by
- Received by - _
-
�` ' -Date -, 7-1--?4 - _ '
-
Tr �y _
;i y'
K y v 1 _ _ ,
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