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Home My WebLink About720445.tiff /A✓4' »' aj, Y-KeIL4A47' � a� �7 No Si N~Nr14F COMMISSION MEMBERS LEGISLATIVE ADVISORS JOHN R. CROWLEY, Chairman STATE OF COLORADO SEN. JOSEPH B. SCHIEFFELIN DIETZ LUSK, JR., Vice-Chairman SEN. CLARENCE A. DECKER HARRY A. CORNELL, Secretary JOHN A. LOVE,GOVERNOR REP. DOMINIC A. COLOROSO LEON DuCHARME, Treasurer REP. EDWARD I. NEWMAN REP. SANDERS G. ARNOLD OFFICE OF MRS RE.RAVECAMPBELL COLORADO LAND USE COMMISSION St Staff Di Dt PETERS BILL GOSSARD 762 State Capitol Annex MAX KREY Denver. Colorado 80203 (303) 892-2778 November 27, 1972 Board of County Commissioners Weld County 9th Street and 9th Ave. Greeley, Colorado 80651 Gentlemen: Please be advised that the Colorado Land Use Commission has formally determined that the subdivision regulations of Weld County are not in compliance with current state law pursuant to Chapter 106-2 C.R.S. (1963) as amended. The provision in quesiton is as follows: SUBREG PROVISION PROBLEM Sec. 9 - Provision for Minor Subdivisions Not provided for by law. The Land Use Commission has determined further that the Commissioners of Weld County are allowed a sufficient period of time during which they may request a hearing to appeal this specific finding of non-compliance. In this case, the Commission staff should be notified promptly. At this time, the Land Use Commission also has formally stated its inten- tion to promulgate proper provisions consistant with state law in place of those noted above as it is charged to do pursuant to Chapter 106-2-34 (1 ) C.R.S. (1963) as amended. Specific action in this regard will be taken in January if adequate subdivision regulations are not adopted by that time. A date and place for a public hearing for this purpose will be established by the Land Use Commission in the event Commission action is necessary. Please advise the Land Use Commission staff of your intentions with respect to the matters noted above so that an early resolution of the situation may be achieved. If you have any questions, please contact the staff at your convenience. ADO Sincerely yours, COUNTY OF WELD ss. //�,�{ Flled with rho Cl:;rk of the board ' 1 J .�� of County Commissio:—s " Claude D. Peters N0V 29 1972 Gilbert F. McNeish, Esq. ��IC .P �,,,,,p>„.y Staff Consultant c' Staff Director By Deputy ' k O If G 7 20 44 5 I . _^NA:r � N �r� LEGISLATIVE ADVISORS COMMISSIONOWLS MEMBERSChairman SEN. JOSEPH B. SCHIEFFELIN JOHN R. SK. JYLEY,Vice-Chairman e- hair STATE OF COLORADO SEN. CLARENCE A. DECKER DIETZHARRY LA. C RN LL, SChairman JOHN A. L0VE,G0VERN0R REP. EDWARD IANCOLOROSO HARRY u ARNELL, as ur tnrY LEON SANDERS G. Treasurer OFFICE OF CLAUDE D. PETERS DR. REXNDERS G. ARNOLD - DR.. EXER BERNDT COLORADO LAND USE COMMISSION Staff Director MRS. E. RAY CAMPBELL BILL GOSSARO 762 State Capitol Annex hi , AX XREY Denver. Colorado 80203 (303) 892-2778 Date //Gt„tGF�eeee, „"gyp /7-77,,e, • To: County Commissioners • Gentlemen: Please be advised that each county is required to submit to the Land Use Commission monthly, a completed Subdivision Summary and Exemption form as required under C.R.S . 106-2-37 (4) (1963) as amended (Senate Bill 35) . A copy of this form should have been received from this office by each county board and planning commission chairman. The primary purpose of this sunnary form is to enable the Land Use Commission to compile a Growth Monitor- ing data file of all subdividing land activity in the State . Secondarily, the exemption information is desired in order to review subdivision exemption decisions for compliance with legislative intentions. The Commission would appreciate your cooperation in this important task. • Concurrently, be further advised that the Land Use ,Commission no longer requires the submission of complete plat anLi filing information as was formerly required pursuant to C.F.S . 106-2-34 (7) (196'3) as amended (Senate Bill 35) , unless your county has not yet received notification of .Land Use Commission approval of county subdivision regulations for compiiance with S.B 35 provisions. �e Claude D. --.Peters q .� �, 5e � 1()k )I Staff Director /lam- Gilbert F. c:'icDie Sh,�Esq ' Staff Consultant c; eel:41:a CC: County Planner �I j I .<., _»z�3 ` •4r' r J� COMMISSION MEMBERS LEGISLATIVE ADVISORS JOHN R. CROWLEY, Chairman STATE OF COLORADO SEN. JOSEPH B. SCHIEFFELIN DIETZ LUSK. JR., Vice-Chairman SEN. CLARENCE A. DECKER HARRY A. CORNELL, Secretary JOHN A. L0VE,G0VERN0R REP. DOMINIC A. COLOROSO LEON DuCHARME, Treasurer REP. EDWARD I. NEWMAN REP. SANDERS G. ARNOLD OFFICE OF MR.RE RA BERNDT LL COLORADO LAND USE COMMISSION CLAUDE D. PETERS BILL GOSSARD 762 State Capitol Annex MAX KREY Denver, Colorado 80203 (303) 892-2778 • December 14 , 1972 Mr. Burman Lorenson Planning Director Weld County Courthouse Greeley, Colorado 80631 Dear Burman: I have reviewed the proposed changes to your subdivision regulations as noted in the attachment to your letter of December 13th. My opinion is that your exemption section now complies with the enabling provision as setforth in S.B. 35. I am pleased with your approach, and believe that it is one of the most enlightened methods exibited thus far of handling the county' s discretionary exemption powers. Again, thanks for your cooperation in working to achieve the end desired by us both. If I can be of further assistance, please contact me at your convenience. SiLcerely, Aut214214:14 Gilbert F. McNeish Staff Consultant -Cr-F TATF O ,111 Dp Do— 1. �— � g� CCV ;IY O, WELD '• I'1. t. - y, 1 t .�f th.r 'a U 9 f County Commix-in.-. . - //// o2rEAVEO )ii DEC 1 9 1972 = .�\--, � -�,_ Oz z / :, '..I'll Sinn , ,L,. , COONTY fLERR AND RECORDrR �.1 By ____.Deputy . , >,: ,...44.„,sr... I ,, yl / ?s,' ,.S,t r,/ t S,ryE N,10 / .. COMMISSION MEMBERS LEGISLATIVE ADVISORS JOHN R. CROWLEY, Chairman SEN. JOSEPH B. SC HIEFFELIN DIETZ LU SK, JR., Vice Chairman STATE OF COLORADO SEN. CLARENCE A. DECKER HARRY A. CORNELL, Secretary JOHN A. L0VE,G0VERN0R REP. DOMINIC A. COLOROSO LEON DuCHARME, Treasurer REP. EDWARD I. NEWMAN REP. SANDERS G. ARNOLD OFFICE OF DR. R Ex BERNDT COLORADO LAND USE COMMISSION s"ODE D. PETERS BILL KREY D 762 State Capitol Annex MAX Kq er Denver. Colorado 80203 t�,`1 _ (303) 892-2778 - _ r l Il O .. 4\ �'I December 4 , 1972 I� a \, e ?� , os ' I ', 0- �, t- � Mr. Burman Lorenson tlf:e- " , Planning Director ` , �:"1' The Weld County Planning Comm. `(_in 5 D.. 9th St. and 9th Ave. ' Greeley, Colorado 80651 Dear Burman: This letter serves as confirmation of our agreement made by phone today regarding the modifications required of Weld County Subdivision Regulations. Senate Bill 35 states that a county should say that a division of land is either a subdivision, and thus required to go through the entire process; or, it is a division which is exempt thus avoiding the process. With respect to the exemption power granted to the Board of County Com- missioners, the Board may require submission of certain information as part of a formal request for exemption. This information may be reviewed by the Board in its process of making a determination as to the status of the land division. That is, the Board will review this information to determine whether the type of division in question comes within the intent of Senate Bill 35. The decision will be made from an information base which, in effect, represents a modified version of the information required in a full subdivision review process. This method suggests accomplishing the desired end without introducing a new concept - the minor subdivision and related modification of the subdivision review process. It works within the statutory "exemption" provision, yet requires the otherwise desirable information during the exemption process. In this regard, I suggest that you retitle Section 9 of your regulations from "Minor Subdivision" to "Exemption Rules and Regulations. " The effect of your review under this section is to determine that the division is "exempt" from the definition of subdivision. Thus , it is not either a "subdivision" or a "minor subdivision, " it is a "division of land determined to be exempt from the definition of subdivision. " In short, the intent of your Section 9 is quite acceptable with the specific elimination of the wording "minor subdivision. " Mr. Burman Lorenson -2- December 4 , 1972 Also note that the "plat" offered by the one submitting it for an exemption decision should be recorded with that exemption noted on its face, thus serving as reference of such status for the Board as well as subsequent purchasers. I hope that you find my comments to be a true representation of the agreement that we verbally reached today by phone. If you have any further questions , please call me at your convenience. Again, thanks for your cooperation in working with me to resolve this difference. Sin .rely, i , ..?Gilbert F. MCNeis , sq. GFM/lw cc: Board of County Commissioners t Hello