HomeMy WebLinkAbout20241116.tiffMEMORANDUM
TO Board of County Commissioners
DATE May 3, 2024
FROM Maxwell Nader, Planning Manager
SUBJECT ORD2024-08 — Rural Land Division Code Changes
The purpose of Ordinance2024-08 is to amend Section 24-6-20 A 13 of the Weld County code This
section is related the standards of a Rural Land Division and more specifically the requirement for
lots accessing a single internal publicly dedicated right-of-way The proposed amendments will
allow a Rural Land Division to retain the existing access points if the request meets the following
criteria
a Each proposed lot contains a single-family dwelling unit permitted at least one (1) year
prior to the application and existing as of the date of application for the Rural Land
Division,
b Each proposed lot utilizes a historical or permitted access that existed at least one (1)
year prior to the date of application for the Rural Land Division,
c The existing accesses are onto a County -maintained local road, and
d No fewer than three (3) lots are proposed
Staff recommends approval of Ordinance2024-08
2024-1116
WELD COUNTY
PLANNING & ZONING DEPARTMENT
Ordinance2O24-08
Chapter 24 — Rural Land Division changes
Maxwell Nader, Planning Manager
Elizabeth Relford, Interim Planning Director
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
PLANNING & ZONING DEPARTMENT
Standards — (Section 24-6-20.A.13)
A. The Rural Land Division is a land division process used to divide a
parcel into a maximum of four (4) separate lots and is subject to the
following criteria:
13. The Rural Land Division lots shall be accessed via a single internal publicly
dedicated right-of-way, which shall be privately maintained according to a Road
Maintenance Agreement applicable to all present and future lot owners, unless all
of the following criteria apply:
a. Each proposed lot contains a single-family dwelling unit permitted at least one
(1) year prior to the application and existing as of the date of application for the
Rural Land Division;
b. Each proposed lot utilizes a historical or permitted access that existed at least
one (1) year prior to the date of application for the Rural Land Division;
c. The existing accesses are onto a County -maintained local road; and
d. No fewer than three (3) lots are proposed.
WELD COUNTY GOVERNMENT
www.weld.gov
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Cheryl,
Maxwell Nader
Friday, May 3, 2024 9:27 AM
Cheryl Hoffman; Esther Gesick; Chloe White; Jan Warwick; Jessica Reid
Bruce Barker; Karin McDougal; Elizabeth Relford; Dawn Anderson; Diana Aungst
ORD2024-08 Documents
RLD Change Ord24-08 5-3.docx; ORD2024-08 BOCC Presentation.pptx; ORD2024-08 Memo.doc
Please see all documents associated with ORD2024-08 for Monday May 6, 2024. Let me know if you have any questions
or not.
Best,
Maxwell Nader
lanning Manager
)ept. of Planning Services
402 N 17th Ave
ireeley, CO 80631
inader@weld.gov
hone: (970)-400-3527
4sedit
-
-MELD
WELD COUNTY, CO
0
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
1
WELD COUNTY
CODE ORDINANCE 2024-08
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24,
SECTION 24-6-20 A.13., OF THE WELD COUNTY CODE
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, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Section 24-6-20 A.13. be, and is, amended to read as
follows:
CHAPTER 24
SUBDIVISIONS
Sec. 24-6-20. Standards.
A. The Rural Land Division is a land division process used to divide a parcel into a maximum
of four (4) separate lots and is subject to the following criteria:
13. The Rural Land Division lots shall be accessed via a single internal publicly dedicated
right-of-way, which and -shall be privately maintained: according to a road maintenance
agreement Road Maintenance Agreement applicable to all present and future lot
owners7, unless all of the following criteria apply:
a. Each proposed lot contains a single-family dwelling unit permitted at least one (1)
year prior to the application and existing as of the date of application for the Rural
Land Division;
PAGE 1
2024-`
ORD2024-[ORD #]
b. Each proposed lot utilizes an existing historical or permitted access permitted:that
existed at least one (1) year prior to the date of application for the Rural Land
Division; and
c. The existing accesses are onto a County -maintained local road; and,
d. No fewer than three (3) lots are proposed.
PAGE 2
2024
ORD2024-[ORD #]
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code, and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code
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
The above and foregoing Ordinance Number 2024-[ORD #] was, on motion duly made
and seconded, adopted by the following vote on the [Notarial Date] day of [Month], A D , 2024
BOARD OF COUNTY -COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Kevin D Ross, Chair
' Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board
Mike Freeman
APPROVED AS TO FORM
Scott K James
County Attorney
Date of signature
Lori Saine '
PAGE 3
2024-*
ORD2024-[ORD #]
First Reading
Publication
May 6, 2024
May 8, 2024, in the Greeley Tribune
Second Reading May 20, 2024
Publication May 22, 2024, in the Greeley Tribune
Final Reading June 3, 2024
Publication June 5, 2024, in the Greeley Tribune
Effective June 10, 2024
PAGE 4
2024-*
ORD2024-[ORD #1
WELD COUNTY
CODE ORDINANCE 2024-[ORD #1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24,
SECTION 24-6-20 A.13., OF THE WELD COUNTY CODE
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, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codificat on of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Section 24-6-20 A.13. be, and is, amended to read as
follows:
CHAPTER 24
SUBDIVISIONS
Sec. 24-6-20. Standards.
A. The Rural Land Division is a land division process used to divide a parcel into a maximum
of four (4) separate lots and is subject to the following criteria:
13. The Rural Land Division lots shall be accessed via a single internal publicly dedicated
right-of-way and shall be privately maintained, according to a road maintenance
agreement applicable to all present and future lot owners, unless all of the following
criteria apply:
a. Each proposed lot contains a single-family dwelling unit existing as of the date of
application for the Rural Land Division;
b. Each proposed lot utilizes an existing historical or permitted access .at least one (1)
year prior to the date of application for the Rural Land Division; and
PAGE 1
2024
ORD2024-[ORD #]
c The existing accesses are onto a County -maintained local road
PAGE 2
2024-*
ORD2024-[ORD #1
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code, and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code
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
The above and foregoing Ordinance Number 2024-[ORD #] was, on motion duly made
and seconded, adopted by the following vote on the [Notarial Date] day of [Month], A D , 2024
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Kevin D Ross, Chair
Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board
Mike Freeman
APPROVED AS TO FORM
Scott K James
County Attorney
Lori Saine
Date of signature
PAGE 3
2024-*
ORD2024-[ORD #]
First Reading
Publication
May 6, 2024
May 8, 2024, in the Greeley Tribune
Second Reading May 20, 2024
Publication May 22, 2024, in the Greeley Tribune
Final Reading June 3, 2024
Publication June 5, 2024, in the Greeley Tribune
Effective June 10, 2024
PAGE 4
2024-*
ORD2024-[ORD #1
Hello