HomeMy WebLinkAbout740013.tiff RESOLUTION
WHEREAS, a public hearing was held on April 8, 1974, in the
chambers of the Board of County Commissioners, Weld County, Colo-
rado, for the purpose of hearing the petition of the Weld County Plan-
ning Commission requesting and recommending to the Board of County
Commissioners that Section 9 - RULES AND REGULATIONS FOR RE-
CORDED EXEMPTIONS - of the Weld County Subdivision Regulations,
page 53 and 54 be amended in various respects; and Section 13 -
VIOLATIONS AND PENALITIES - of the Weld County Subdivision
Regulations, Page 58, be amended by adding
C. BUILDING PERMITS
(1) and (2). , and
WHEREAS, the said amendments to the Weld County Subdivision
Regulations are attached hereto and made a part of this Resolution by
reference, and
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, believes it to be in the best interest of the County to approve
said amendments in their entirety;
NOW, THEREFORE, BE IT RESOLVED, That the amendments
of Section 9 - RULES AND REGULATIONS FOR RECORDED EXEMPTIONS -
of the Weld County Subdivision Regulations, page 53 and 54; and Section
13 - VIOLATIONS AND PENALTIES - of the Weld County Subdivision
Regulations, Page 58, by the addition of C. BUILDING PERMITS (1) and
(2), all as shown on the attached exhibits be and the same are hereby
adopted.
Dated this 17th day of April, A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
> ` rrvrem
Weld County Clerk & Recorder
and Clerk to the Board
By, Q [1 4?
Deputy County Clerk
APB. D AS T RM:
AexiA47
ty Attorhfiey
740013
Pau
April 8 , 1974
I hereby certify that pursuant to a notice dated
March 6, 1974, duly published March 8 , 1974 , and March 29 , 1974,
in the Greeley Journal, a public hearing was had on a request
for Amendments to Sections 9 and 13 of the Weld County
Subdivision Regulations, at the time and place specified in said
notice. A motion was made and seconded to grant said request.
Motion carried. The County Attorney was ordered to draw the
proper resolution.
ATTEST: y � )16 l./ r
COUNTY CLERK & RECORDER CHAIRMAN J J
AND CLERK TO HE BOARD BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
B �c F R si i.AJuA j
Depaaty County C rk
AMENDMENTS TO iE WELD COUNTY SUBDIVISIOP-REGULATIONS
April 8 , 1974
SECTION 9 RULES AND REGULATIONS FOR RECORDED 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 Section 9-4 below are not
within the purposes of Article 2 of Chapter 106 of CRS ' 63
as amended . Pursuant to sub-section 3d of 106-2-33 of
CRS ' 63 , as amended , such land divisions are exempted 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 re-
ferred to as "Recorded Exemptions" .
9-2 Intent
The intent in establishing the Recorded Exemption procedure
is to provide , in accordance with the Weld County Comprehen-
sive Plan , a means whereby non-productive agricultural lands
may be developed for higher or more productive uses , in-so-
far as such uses are compatible with surrounding agricultural
uses in areas where such land divisions are proposed . (Rev . 4/8/74 )
9-3 Application for Exemption from Definition of "Subdivision" or
"Subdivided Land "
A . 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 exemption from the
definition " subdivision " or "subdivided land " . Such appli -
cation shall include the following :
( 1 ) A location map indicating the relation of the lots to
existing roads ;
( 2 ) An accurate legal description of the tract and of the
proposed lots ; ( Rev . 4/8/74 )
(3 ) A plat of the proposed land division conforming to the
drawing requirements and containing such certifications
as shall be indicated in a Procedural Guide for Re-
corded Exemption Application , which guide shall be pro-
vided by the Planner ;
( 4 ) A certificate (the form for which shall be provided by
the Planner ) of all land transfers concerning the en-
tire tract during a five ( 5 ) year period prior to the
application for recorded exemption from definition of
" subdivision" or "subdivided land" ;
( 5 ) The type of water system proposed ; also documentation
of water rights and of historic water use , if applicable ;
( 6 ) Type of sewer system proposed ;
( 7 ) The acreage of the entire tract and of each lot .
All items must be submitted to the Planner for review at
least thirty (30 ) days prior to the Board meeting at which
the application for recorded exemption is to be considered .
9-4 Review Procedures for Recorded Exemptions from Definition of
"Subdivision " or "Subdivided Land "
A . The Planner shall review the application for recorded
exemption from the definition of "subdivision" or "subdivided
land " and make his recommendations to the Board of County
Commissioners . Upon hearing the recommendations of the
Planner and reviewing the evidence presented in the applicatin ,
the Board shall make its decision . The Board shall not ap-
prove the exemption of the proposed land division unless it
finds the following : (Rev , 4/8/74 )
( 1 ) That the proposed lots are not part of a recorded ex-
emption from the definition of "subdivision" or "sub-
divided land " or a subdivision approved within less than
five (5 ) years previous ;
( 2 ) That if the recorded exemption is approved , further di -
vision of either tract or lot included in the recorded
exemption into two ( 2 ) or more building sites , tracts
or lots would not be allowed within a five ( 5 ) year
period ; such five ( 5 ) year period being defined as that
period commencing upon the date of approval of the most
recent recorded exemption on the parcel of land in
question and extending five ( 5 ) years after the date of
such approval ; (Rev . 4/8/74 )
(3 ) That the lots resulting from the proposed land division
shall be accessible from an existing public road with
a minimum frontage in conformance with the Weld County
Zoning Resolution ;
(4 ) That the proposed lots will have access to an adequate
water supply ;
( 5 ) That the proposed lots will have access to an adequate
means for the disposal of sewage ;
(6 ) That the original tract or parcel of land to be divided
under this Section meets the minimum lot size require-
ments established by the Weld County Zoning Resolution ;
variance from this requirement being allowed only upon
good cause being shown to the Board of County Commis-
sioners or where said tract or parcel of land lies
within the comprehensive plan area of an existing in-
corporated town of Weld County . (Rev . 4/8/74 )
(7 ) That the minimum size of any building site , tract or
lot created by such land division shall not be less
• than or _ ( 1 ) acre , except where s ' ler lot sizes are
allowed in a specific zoning district; (Rev . 4/8/74 )
(8) That the proposed land division is in compliance with .
the Weld County Comprehensive Plan ;
(9) That said land division does not interfere with or lie
within major floodways or drainage courses ;
(10 ) That the method of disposition described in this Section
9 is not being adopted by the applicant for the purpose
of evading the requirements and intent of the Weld
County Subdivision Regulations . (Rev. 4/8/74 )
9-5 Violations
Further division of building sites , tracts or lots defined
by an approved recorded exemption into additional building
sites , tracts or lots within five (5) years from the date of
approval of said recorded exemption , shall constitute a
violation of the Weld County Subdivision Regulations. (Rev . 4/8/74)
9-6 Filing of Exemptions
Upon obtaining approval of exemption from the definition of
"subdivision" or "subdivided land" , pursuant to this Section
9 , the Planner shall record the plat of the exemption in the
office of the County Clerk and Recorder . County road widths
shall be dedicated as required in the Comprehensive Plan ,
and the owner shall pay fees as provided in a resolution by
the Board .
13-C Building Permits
( 1 ) Building permits , for construction on land divided in an
illegal manner subsequent to the adoption of this Reso-
lution , shall not be issued unless reviewed and approved
by the Weld County Planning Commission and Board of
County Commissioners . (Rev . 4/8/74)
(2 ) Before any building permit is issued , all proposed
accesses to County Roads shall be approved by the Board
of County Commissioners . (Rev . 4/8/74 )
AMENDMENTS TO THE ZONING RESOLUTI$N _
Section 3 . 3 Uses Permitted in the "A" , Agricultural District
Delete : ( 1 ) All uses permitted in the " E " , Estate District as
stated therefore ;
Add : ( 1 ) Farm , ranch and garden building uses , including
one-family farm dwellings ;
Add : ( 12 ) Public parks , playgrounds and other public recreation
areas owned and operated by a governmental or other
non-profit agency ;
Add : (13 ) Churches and church schools ;
Add : (14) Public schools ;
Add : ( 15 ) Public utility mains , lines and substations . . . where
no public office and no repair or storage facilities
are maintained .
Add : (16 ) One-family dwelling: on (a )a parcel of land created
under the provisions of Section 9 of the Subdivision
Regulations of Weld County , August 30 , 1972 ; and (b )
a parcel of land exempt from the definition of subdivision
or subdivided land as provided in Section 2-1 of the
Subdivision Regulations of Weld County , August 30 , 1972 .
Section 12 . 2 Definitions
Add : (13a ) "Dwelling , One-Family Farm"
A private residence occupied by one family whose
principal source of gross annual income is derived
from crops grown and/or livestock raised on the same
premise ,
PROPO ` AMENDMENTS TO THE WELD C NTY
SUBDIVISION REGULATIONS*
February 4 , 1974
SECTION 9 Rules and Regulations t ' on for Recorded
vu.,SECTION R.. 1 .� 1.\...yU1 � ViV11S � Gi 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 Section 9-4 below are not
within the purposes of Article 2 of Chapter 106 of CRS ' 63
as amended . Pursuant to sub-section 3-d of 106-2-33 of
CRS ' 63 , as amended , such land divisions are exempted 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 re-
ferred to as "Recorded Exemptions " .
9-2 INTENT
THE INTENT IN ESTABLISHING THE RECORDED EXEMPTION PROCEDURE
IS TO PROVIDE , IN ACCORDANCE WITH THE WELD COUNTY COMPREHEN-
SIVE PLAN , A MEANS WHEREBY NON-PRODUCTIVE AGRICULTURAL LANDS
MAY BE DEVELOPED FOR HIGHER OR MORE PRODUCTIVE USES , IN-S0-
FAR AS SUCH USES ARE COMPATIBLE WITH SURROUNDING AGRICULTURAL
USES IN AREAS WHERE SUCH LAND DIVISIONS ARE PROPOSED .
9-3 Application for Exemption from Definition of "Subdivision or
Subdivided Land "
A. 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 exemption from the
definition "subdivision " or "subdivided land " . Such applica-
tion shall include the following :
( 1) A location map indicating the relation of the lots to
existing roads ;
( 2) AN ACCURATE legal description of the tract and of the proposed
lots;
(3) A plat of the proposed land division conforming to the
drawing requirements and containing such certifications
as shall be indicated in a procedural guide for recorded
exemption application , which guide shall be provided
by the Planner ;
(4) A certificate ( the form for which shall be provided by
the Planner) of all land transfers concerning the entire •
tract during a five (5) year period prior to the appli -
cation for recorded exemption from definition of "subdi -
vision or subdivided land " ;
•
(5 ) The type of water system proposed ; also documentation
of water rights and of historic water use , if applicable ;
(6 ) Type of sewer system proposed ;
( 7 ) The acreage of the entire tract and of each lot .
All items must be submitted to the Planner for review at least
thirty ( 30 ) days prior to the Board meeting at which the
application for recorded exemption is to be considered .
9-4 Review Procedures for Recorded Exemptions from Definition of
"Subdivision or Subdivided Land "
A . The Planner shall review the application for recorded exemption
from the definition of "subdivision or subdivided land " AND
MAKE HIS REC( I:I ENDATIO`�S TO THE BOARD COUNTY cep ISSION:RC
�\w 1 l•�v �� �•1L I1 UI1 1vlIJ THE Vvl 1\V OF COUNTY V1ILJJL\11�L(♦J •
*CAPrTA IZATION indicates additions or amendments .
. r
UPON HEARING 1H E RECOMMENDATIONS OF THE PLANNER AND REVIEW-
ING THE EVIDENCE PRESENTED IN THE APPLICATION , THE BOARD SHALL
MAKE ITS DECISION . The Board shall not approve the exemption
of the proposed land division unless it finds the following :
•
( 1) That the proposed lots are not part of a recorded ex-
emption from the definition of "subdivision or sub-
divided land " or a subdivision approved within less
than five ( 5) years previous ;
(2 ) THAT IF THE RECORDED EXEMPTION IS APPROVED , FURTHER
DIVISION OF EITHER TRACT OR LOT INCLUDED IN THE RE-
CORDED EXEMPTION INTO TWO ( 2 ) OR MORE BUILDING SITES ,
TRACTS OR LOTS WOULD NOT BE ALLOWED WITHIN A FIVE YEAR '
PERIOD ; SUCH FIVE ( 5 ) YEAR PERIOD BEING DEFINED AS THAT
PERIOD COMMENCING UPON THE DATE OF APPROVAL OF THE MOST
RECENT RECORDED EXEMPTION ON THE PARCEL OF LAND IN
QUESTION AND EXTENDING FIVE YEARS AFTER THE DATE OF
SUCH APPROVAL .'
( 3) That the lots resulting from the proposed land division
will each be accessible from an existing public road
with a minimum frontage in conformance with the WELD
County Zoning Resolution ;
(4) That the proposed lots will have access to an adequate
water supply ;
( 5 ) That the proposed lots will have access to an adequate
means for the disposal of sewage ;
(6 ) THAT THE ORIGINAL TRACT OR PARCEL OF LAND TO BE DIVIDED
UNDER THIS SECTION MEETS THE MINIMUM LOT SIZE REQUIRE-
MENTS ESTABLISHED BY THE WELD COUNTY ZONING RESOLUTION ;
VARIANCE FROM THIS REQUIREMENT BEING ALLOWED ONLY UPON
GOOD CAUSE BEING SHOWN TO THE BOARD OF COUNTY COMMIS-
SIONERS OR WHERE SAID TRACT OR PARCEL OF LAND LIES
WITHIN THE COMPREHENSIVE PLAN AREA OF AN EXISTING INCOR-
PORATED TOWN OF WELD COUNTY .
(7 ) 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;
(8 ) That the proposed land division is in compliance with
the WELD COUNTY Comprehensive Plan ;
( 9) That said land division does not interfere with or lie
within major floodways or drainage courses ;
( 10) THAT THE METHOD OF DISPOSITION DESCRIBED IN THIS SECTION
9 IS NOT BEING ADOPTED BY THE APPLICANT FOR THE PURPOSE
OF EVADING THE REQUIREMENTS AND INTENT OF THE WELD
. COUNTY SUBDIVISION REGULATIONS .
9-5 VIOLATIONS
FURTHER DIVISION OF BUILDING SITES , TRACTS OR LOTS DEFINED
BY AN APPROVED RECORDED EXEMPTION INTO ADDITIONAL BUILDING
SITES , TRACTS OR LOTS WITHIN FIVE ( 5) YEARS FROM THE DATE
OF APPROVAL OF SAID RECORDED EXEMPTION , SHALL CONSTITUTE A
VIOLATION OF THE WELD COUNTY SUBDIVISION REGULATIONS .
9-6 Filing of Exemptions
Upon obtaining approval of exemption from the definition of
"subdivision or subdivided land " , pursuant to this Section 9 ,
the Planner shall record the plat of the exemption in the
office of the County Clerk and Recorder . County road widths
shall be dedicated as required in the Comprehensive Plan ,
and the o':re;• shall pay fees as provided in a resolution by
the Board .
•
13 ( 3 ) BUILDING PERMITS
BUILDING PERMITS , FOR CONSTRUCTION ON LAND DIVIDED IN AN
ILLEGAL MANNER SUBSEQUENT TO THE ADOPTION OF THIS RESOLUTION ,
SHALL NOT BE ISSUED UNLESS REVIEWED AND APPROVED BY THE WELD
COUNTY PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS .
BEFORE THE WELD COUNTY PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Weigand that the following resolution be intro-
duced for passage by the Weld County Planning Commission :
Be it therefore Resolved by the Weld County Planning Commission
that the following be adopted by the Board of County Commissioners :
That the proposed changes to Sections 9 and 13 of the Weld
County Subdivision Regulations (attached ) be published for
public hearing before the Board of County Commissioners
upon approval of the County Attorney .
To be recommended favorably to the Board of County Commissioners for
the following reasons :
Motion seconded by Elmer Rothe
Vote : For Passage Abstain Against
John Watson
Glenn Anderson
John Weigand
Ronald Heitman
Elmer Rothe
The Chairman declared the motion passed and ordered that a certified
copy of this Resolution be forwarded with the file of this case to the
Board of County Commissioners for further proceedings .
CERTIFICATION OF COPY
I , Linda Jose Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on February 4 , 1974 and recorded
in Book No . 4 of the proceedings of the said Planning Commission .
Dated the 5th day of February 197 4
lieclZtary
Cou
13ua "44s au
ppone 10:00 AMIpitheML -
Weld �Sedlonseandl3ottll
persons In, lvlsion flegulall in
the
proposd erne manner Interested In the
and ma mearsararegJeatedtoest-
•
pro maybe hanrd.ta
BE IT ALSO KNOWN,that.the Resolu-
tion of proposed amendments to saki See- -
tions 9 and 13 of the Weld County Subdivi-
sion Regulations so certified by the Weld
County planning Commission may be ex-
amined in the office of the Board of County
Commissioners.Weld County Courthouse,
Greeley,Coloroado.
THE BOARD OF.COUNTY
WELD COUNTY.NOTICE COLORADO
Docket No,.T3 BY:S.LEE$RENEE,JR.-
'COUNTY
CLERK AND RECORDER
Pursuant to the pr
106-2-15 C.R.S.to1_provisions of Chapter Dated:� AND CLERK TO THE BOARD
thereto a public heaarriing will be held in Pubished.March a March 6,1974
office of the Board of Coun
'iiihkam aa�t(v witig Commission-
, &March,n ,1974
_ -� r W Gamy Published in The Greeley Journal,
Affidavit of Publication
STATE OF COLORADO,
ss.
County of Weld,
1 Mildred s. Hansen
said County of Weld, being duly of
that I am the (editor)sworn, say
ing manager) (publisher) (advertis-
ing k 4& ^x x ; L `ri tt**, TDE GREELEY DAILY TRIBUNE, and
M s $' ' 'r 1 1 ,' f 1 a THE GREELEY REPUBLICAN
1 u°l' a bbv 04r' Mirnr that the same is the s a daily newspaper of general
r +` ry.roxr a-[ inb ,� and printed and published in the
i> �' city of Greeley, in said county and state; that
the notice or advertisement, of which the an-
y nexed is a true co has been I W!p a copy, published that in
s, con'. said daily newspaper for one day; the
t sd.4. # vY j notice was published in the regular and
t ro s entire issue of said newspaper, and in the
4t, h newspaper o ; proper and not a supplement
.( in, r 1 Ipi 1i thereof; that thepublicationiue of said notice was contained in the issue of said newspaper
'� uaa...xf+dFF'�t �i K'4 ���� "s ,�,� bearing date
eu tr sw_& ..
r, + 27th March
day of 74
A.D. 19
that said The Greeley Daily Tribune and
un a The Greeley Republican, has been published
R-¢t 1qs, *vt,n. continuously and uninterruptedly during
,M yy g� '�' i • t , fit the period of at least f contauths next
",�(, , f nwpy prior to the issue thereof containing said
)}:I-"{ r 3' , ti yj, i notice or advertisement above referred to;
;q- .,p. ` that said newspaper has been admitted to the
x,, rf ,"• d,Oft' United States mails as second-class matter
,g,,,' under the provisions of the Act of March 3,
{ knit.;
9'''' 1879, or any amendments thereof, and that
L said newspaper is a daily newspaper duly
s v ? ¢'}. <� qualified for publishing legal notices and
advertisements within the meaning of the
Pr'
N ✓ ��� laws of the State of Colorado.
"rte' "i' . h b.;,, li
" f..
(Publisher) (Eater) (Asvnr<tetvg Mgr.)
Subscribed and sworn to before me this
28th March of March A.D. 19 74
My commission expires May 1(31 1974
1.---)L-se 22/ /I`<"s_i---z 4
Notary Publlic. /
•
NOTICE
Docket #73
Pursuant to the provisions of Chapter 106- 2- 15 C.R. S .
1963, and amendments thereto, a public hearing will be held in
the office of the Board of County Commissioners, Weld County,
Colorado, Weld County Courthouse, Greeley, Colorado, on April 8 ,
1974 at the hour of 10 : 00 A.M. for the purpose of amending Sections
9 and 13 of the Weld County Subdivision Regulations . All persons
in any manner interested in the proposed amendments are requested
to attend and may be heard.
BE IT ALSO KNOWN, that the Resolution of proposed
amendments to said Sections 9 and 13 of the Weld County Subdivision
Regulations so certified by the Weld County Planning Commission
may be examined in the office of the Board of County Commissioners,
Weld County Courthouse, Greeley, Colorado.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: S. LEE SHEHEE, JR.
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
Dated: March 6 , 1974
Published in the Greeley Journal : March 8 and March 29, 1974
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RETURN t. ws to whom and date delivered 150
RECEIPT With delivery to addressee only 650
SERVICES ' 2. Shows to whom,date and where delivered 354
With delivery to addressee only 850
• __DELIVER TO ADDRESSEE ONLY -'—
O SPECIAL DELIVERY _ - ---- — 504
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PS Form NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL other side)
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NOTICE
Docket #73
Pursuant to the provisions of Chapter 106- 2- 1S C. R. S .
1963, and amendments thereto, a public hearing will be held in
the office of the Board of County Commissioners , Weld County,
Colorado, Weld County Courthouse, Greeley, Colorado , on April 8 ,
1974 at the hour of 10 : 00 A.M. for the purpose of amending Sections
9 and 13 of the Weld County Subdivision Regulations . All persons
in any manner interested in the proposed amendments are requested
to attend and may be heard.
BE IT ALSO KNOWN, that the Resolution of proposed
amendments to said Sections 9 and 13 of the Weld County Subdivision
Regulations so certified by the Weld County Planning Commission
may be examined in the office of the Board of County Commissioners ,
Weld County Courthouse , Greeley, Colorado .
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: S . LEE SHEHEE, JR.
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
Dated: March 6 , 1974
Published in the Greeley Journal : March 8 and March 29 , 1974
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