HomeMy WebLinkAbout740797.tiff 3-2 Summary of Rules and Regulations for Exemptions
A. Application for Exemption from Definition of Subdivision
The owner or agent of the owner of a tract or parcel of land
which is proposed to be divided into two (2) building sites,
tracts, or lots may apply to the Board for a recorded exemption
or a subdivision exemption, as provided in SECTION 9 unless
previously exempted in Section 2-lA above.
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition of"Subdivision or Subdivided Land"
The Board hereby determines that land divisions which meet the
requirements for exemption in this Section 9 are not within the
purposes of Article 28 of Title 30 of CRS '73 as amended. Pursuant
to sub-section (10)(d) of 30-28-101 of CRS '73, as amended, such
land divisions are exempt from the definition of "subdivision" or
"subdivided land" and from following the complete regulations,
requirements and procedures set forth in these Subdivision Regulations.
Such land divisions must follow the procedures in this Section 9.
Exemptions approved pursuant to this Section 9 shall be referred to
as"Recorded Exemptions" and"Subdivision Exemptions".
9-2 Recorded Exemptions
A. Intent
The intent in establishing the Recorded Exemption Procedure is
to provide, in accordance with the Weld County Comprehensive
Plan and Intent of the zone district in which the request is
made, a means whereby a lot may be divided into two (2) separate
lots. Such divisions should only be permitted when they are
compatible with the surrounding area and uses; will not be
inconsistent with efficient and orderly development; and are
consistent with the Weld County Comprehensive Plan.
B. General
(1) Any lot having been created by a Recorded Exemption shall
not be redivided by a new Recorded Exemption for a period
less than five (5) years commencing from the date of
approval of the Recorded Exemption which created such
lot.
(2) An applicant's total contiguous land ownership shall be
the subject of the Recorded Exemption request except as
follows:
In the"A" --Agricultural District where a contiguous
ownership equals at least twice the minimum lot size
(Section 31.5 of the Weld County Zoning Ordinance)
an applicant'may use a portion of his (her) ownership
which is equal to the minimum lot size for the
request.
(3) Public road rights-of-way shall be dedicated or reserved
in conformance with the Weld County Thoroughfare Plan or
in conformance with the master plans of affected municipalities.
(4) No Recorded Exemption shall be considered complete until
the plat, required pursuant to Section 9-2 C (4), has
been submitted to the Weld County Clerk and Recorder in
accordance with Section 9-2 D (6).
C. Submission Requirements
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Recorded Exemption, if different
from above.
(c) Legal description of the property under consideration.
(d) Total acreage of the original parcel under consideration.
(e) Approximate acreage of the two (2) proposed parcels.
(f) Signatures of the applicant and fee owner(s) or
their authorized legal agent.
(g) Proposed water and sewage disposal methods (attach
letters or permits when applicable).
(h) A certificate of all land transfers concerning the
entire tract on the form prescribed and provided by
the Department of Planning Services.
(2) The following written and supporting information shall be
submitted:
(a) A statement which describes the purpose and nature
of the request.
(b) A statement which explains that the proposal is
consistent with the Weld County Comprehensive Plan.
(c) A statement which explains that the proposal is
consistent with the intent of the district in which
the use is located.
(d) A statement which explains that the uses which would
be permitted will be compatible with the existing
surrounding land uses.
(e) A statement which explains that the uses which would
be permitted will be compatible with the-future
• development of the surrounding area as permitted by
the existing zone and with future development as
projected by the comprehensive plan of the County or
the adopted master plans of affected municipalities.
(f) A statement which explains how the proposal will not
be inconsistent with efficient and orderly development.
(g) A statement which explains that the application
complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the
proposal is located within any Overlay District Area
identified by maps officially adapted by Weld County.
(h) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The deed, purchase contract, or
legal instrument should includezta complete and
accurate legal description of the property.
(i) Such additional information as bay be required by
the Board of County Commissioners in order to determine
that the application meets the standards and policies
set forth in this Section 9 andi*he Weld County
Comprehensive Plan. ?!
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (8 1/2)
inches by eleven (11) inches or eight;and one-half (8
1/2) inches by fourteen (14) inches.t,
A sketch plan of the property at a suitable scale to show
the proposed division of the property; accesses to the
property indicating whether the access is existing or
proposed; location and measurements axf any easements or
rights-of-way; amount of road frontages; identification
of any county, state or federal roads or highways; and
any existing structures on the property. Please identify
the type of structures (i.e., mobilE home, labor house,
barn, single family dwelling, etn.)
(4) If any such Recorded Exemption is approved by the Board,
a plat as described below shall be=aubmitted to the
Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The location
and size of the lots shall comply wixh those lots described
or shown pursuant to 9-2 C et seq. above.
(a) The plat shall be prepared by h'registered land
surveyor in the State of Colorado.
(b) The plat shall be prepared on ILor more consecutively
numbered sheets measuring 8 1/e X 14". It shall be
drawn on waterproof linen or myj ar in ink.
(c) The plat shall be titled, "Recorded Exemption No.
" (The appropriate numbu to be filled in by
the Planning Department.) )t
(d) The plat and legal descriptionlshall include all
contiguous land owned by the applicant (or as provided
under 9-2 B (2) of this Section).
(e) The plat shall include a compllete and accurate legal
description of the parcel of ]land and its acreage.
(f) The plat shall include a-vicinity sketch locating
the tract with respect to roads and other major land
features.
(g) The plat shall include an accurate drawing of the
tract and the proposed division into 2 lots. This
drawing shall include bearings, lengths and curve
data of all perimeter and lot lines. The lots shall
be designated as"Lot A" and"Lot B" and the acreage
of each given. Existing public rights-of-way which
provide access to the tract shall be shown. The
scale of the drawing shall be adequate to clearly
show the above required items. A scale and north
arrow shall be included.
(h) The plat shall bear the following certifications:
(Below the legal description)
I (we) being the sole
owner(s) in fee of the above described property
do hereby divide the same as shown on the
attached map.
(Signature)
The foregoing certification was acknowledged
before me this day of , A.D.,
19
My commission expires:
Notary Public Witness my Hand& Seal
I hereby certify that this plat was prepared
under my supervision; and that the same is
correct to the best of my knowledge and belief.
Registered Land Surveyor, Colo. Reg. #
The accompanying plat is accepted and approved
for filing.
Chairman of the Board of County Commissioners
Attest: County Clerk and Recorder
By
Dated
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be respon-
sible for processing all applications for Recorded Exemptions.
The Department shall also have the responsibility of ensuring
that all application submittal requirements are met prior to
initiating any official action as listed below.
(2) Set a Board hearing date not more than thirty (30) days after the
complete application has been submitted.
(3) Refer the application to the following agencies, when applicable,
for their review and comment. The agencies named shall respond
within fourteen (14) days after the mailing of the application by
the Department of Planning Services. The failure of any agency
to respond within fourteen (14) days may be deemed to be a favor-
able response to the Board. The reviews and comments solicited
by Weld County are intended to provide the County with informa-
tion about the proposed Recorded Exemption. The Board may con-
sider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews
and comments submitted by a referral agency are recommendations
to the County. The authority and responsibility for making the
decision to approve or deny the request for a Recorded Exemption
Permit rests with the Board.
(a) The Planning Commission or Governing Body of any town and
county whose boundaries are within a three (3) mile radius
of the parcel under consideration for a Recorded Exemption,
or that has included the parcel in its master planning area.
(b) Weld County Department of Health Services.
(c) Weld County Department of Engineering Services.
(d) Colorado State Department of Highways.
(e) Colorado State Engineer, Division of Water Resources.
(f) Any irrigation ditch company with facilities on or adjacent
to the parcel under consideration.
(g) Any other agencies or individuals whose review the Depart-
ment of Planning Services, or the Board of County Commis-
sioners deem necessary.
(4) Prepare staff comments for use by the Board addressing all as-
pects of the application,"its conformance with the Weld County
Comprehensive Plan, adopted master plans of affected municipali-
ties, sound land use planning practices, comments received from
agencies to which the proposal was referred, and standards con-
tained in this Section 9.
(5) Submit to the Board for review any plat required under 9-
2 C (4) of this Section 9 which does not comply with the
approved Recorded Exemption.
(6) Submit to the Weld County Clerk and Recorder, for recording,
plats of approved actions required in 9-2 C (4) above.
E. Duties of the Board of County Commissioners
(1) The Board of County Commissioners shall hold a public
hearing to consider the application and to take final
action thereon. In making a decision on the proposed
Recorded Exemption, the Board shall consider the recommendation
of the Department of Planning Services, and from the
• facts presented at the public hearing and the information
contained in the official record, which includes the
Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the
Recorded Exemption unless it finds that the applicant has
not met one or more of the standards of this Section 9.
The applicant has the burden of proof to show that the
standards and conditions of Section 9 are met. The
applicant shall demonstrate:
V(a) That the proposal is consistent with the intent of
the district in which the use is located.
✓(b) That the uses which would be permitted will be
compatible with the existing surrounding land uses.
(Ac) That the uses which would be permitted will be
compatible with the future development of the surrounding
area as permitted by the existing zone and with
future development as projected by the comprehensive
plan of the County or the adopted master plans of
affected municipalities.
2,d) That the application complies or will comply with
the Weld County Zoning Ordinance, Section 50,
Overlay District Regulations if the proposal is
located within any Overlay District Area identified
by maps officially adopted by Weld County.
(g) That the minimum size of any building site, tract or
(// lot created by such land division shall not be less
than one (1) acre, except where smaller lot sizes
are allowed in a specific zoning district or except
where specifically exempted by the Board.
✓(f) That the proposed land division is in compliance
with the Weld County Comprehensive Plan.
t(g) That the proposed division will not be inconsistent
with efficient and orderly development.
L.61) That the lots resulting from the proposed land division
shall be accessible from an existing public road.
Li That the proposed lots will have access to an adequate
LJ water supply.
.(j') That the proposed lots will have access to a means
t' for the disposal of sewage in compliance with requirements
of the Weld County Health Department.
(k) That the proposed lots are not part of a recorded
t' exemption approved within less than five (5) years
previous or are not part of a subdivision.
(l) That the use of the Recorded Exemption (described in
this Section 9) does not evade the requirements and
Statement of Purposes (Section 1-3) of the Weld
County Subdivision Regulations.
(m) That there is adequate provision for the protection
of the health, safety and welfare of the inhabitants
of the neighborhood and the County.
(2) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed.
A record of such action and a copy of the resolution will
be kept in the files of the Clerk to the Board. The
Board shall also authorize the Chairman to sign the plat
required by Section 9-2 C (4) et. seq. in Section 9 when
it finds the plat in conformance with an approved Recorded
Exemption.
(3) Correction to a Recorded Exemption. The Board of County
Commissioners may, without a hearing or compliance with
any of the submission, referral, or review requirements
of these regulations, approve a correction to a Recorded
Exemption if the sole purpose of such correction is to
correct one or more technical errors in the legal description
and where such correction is consistent with the approved
plat.
F. Amendments
Any change to a previously approved Recorded Exemption which
is not a"Correction" as defined in 9-2 E (3) above shall
follow the procedures of this Section 9-2.
9-3 SUBDIVISION EXEMPTION
A. Intent
The Subdivision Exemption is intended for the division of a
parcel or interest in a parcel which does not result in the
creation of a new residential or permanent building site, for
adjustment of property lines between two contiguous parcels,
and for the temporary use of a parcel for public utility
facilities.
B. General
e �
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.
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 proposed Recorded
Exemption parcels.
C. Submission Requirements
1. The applicant shall submit the following on the form
provided by the Department of Planning Services:
a. Name, address and telephone number of the fee owner(s)
of the property involved.
b. General legal description of the total property
involved.
c. Total acreage of the total property involved.
d. Existing land use of the total property involved.
e. Existing land use of the adjacent properties.
f. Signatures of the fee owner(s) or their authorized
agent.
2. The applicant shall submit the following written and
supporting information:
a. A detailed description of the request and its purpose
and benefits.
b. Where an authorized legal agent signs the application
for the fee owner(s), a letter granting power of
attorney to the agent from the property owner(s)
must be provided.
c. Copy of a deed or other appropriate legal instrument
by which the applicant(s) obtained interest in the
property under consideration.
d. Complete and accurate legal descriptions of the
parcel(s) being created or exchanged, and new parcels
which will result upon approval of the request.
3. The applicant shall submit the following map information.
The size of map shall be either eight and one-half (8
1/2) inches by eleven (11) inches or eight and one-half
(8 1/2) inches by fourteen (14) inches.
a. Plot plan of the property or properties involved
indicating graphically what the situation is.
D. Duties of the Department of Planning Services
1. The Department shall have the resposibility of ensuring
that all application submittal requirements are met prior
to initiating any official action as listed below.
2. Set a Board hearing date not more than thirty (30) days
after the complete application has been submitted.
3. Refer the application to any agencies or individuals
whose review the Department of Planning Services or the
Board of County Commissioners deems necessary.
4. Prepare staff comments for use by the Board addressing
all aspects of the application, its conformance with the
Weld County Comprehensive Plan, master plans of affected
municipalities, sound land use planning practices, comments
received from agencies to which the proposal was referred,
and standards contained in this Section 9-3.
R. Duties of the Board of County Commissioners
1. The Board of County Commissioners shall hold a public
hearing to consider the application and to take final
action thereon. In making a decision on the proposal,
the Board shall consider the recommendation of the Department
of Planning Services, and from the facts presented at the
public hearing and the information contained in the
official record, which includes the Department of Planning
Services case file, the Board of County Commissioners
shall approve the request unless it finds that the
applicant has not met one or more of the standards or
conditions of this Section 9-3 E. The applicant has the
burden of proof to show that the standards and conditions
of this Section 9-3 E are met. The applicant shall
demonstrate:
a. That the proposal is consistent with the policies of
the Weld County Comprehensive Plan.
b. That the boundary change or temporary use location
which would be allowed on the subject property by
granting the request will be compatible with the
surrounding land uses.
c. In those instances when used pursuant to Section 9-3
B (2) above, the request is the best alternative to
dispose of existing-improvements in conjunction with
the companion Recorded Exemption.
2. Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed.
A record of such action and a copy of the resolution will
be kept in the files of the Clerk to the Board and the
Board shall arrange for the Office of the Weld County
Clerk and Recorder to record the resolution.
40
3. The Board of County Commissioners may, without a hearing
or compliance with any of the submission, referral, or
review requirements of these regulations, approve a
correction to a Subdivision Exemption if the sole purpose
of such correction is to correct one or more technical
errors in the legal description and where such correction
is consistent with the approved exemption.
F. Amendments
Any change to a previously approved Subdivision Exemption
which is not a"correction" as defined in 9-3 E (3) above
shall follow the procedures of this Section 9-3.
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