Loading...
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 177n OA e �� • �. zc //�Cr .Ci tep � 7`� RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO/ ,✓6' E . aS,C,T� Rzt T AND 0 LN CD P.O. TE AND ZIP CODE ce a 7V co __ P _ Vti ES FOR ADDITIONAL FEES 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 Z (extra fee required) PS Form NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL other side) cpo:tsTa 0-aoo-Taa , a .w '''4‘7"74;11411';:7;;; n n`*a � R''-'Jo YAM "95,r ..a...'I -a54' s"'-."'. �vs'&«„•" rx,. SENDE . ON i.Stew FNafrdcfMnn oo °filer Hds YCFJt9E NI alll riciF l) " Yid by cH At (t$) �. (' ►1YR Atmnefir) a,il ONLY S 4i w « t#etwae ww•w4 404y � t r t ;iwry p ' bj*lid kW .pry a c • .T., r I 7 ' Z !r' } i is4 JvuM' 3 now D14.I [D ;(0.4 I CeM1 1 s r»1^s„ el)-r ''''''.° -CPP,Q/, 3- K-7� 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 Hello