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Home My WebLink About20211541.tiffWELD COUNTY CODE ORDINANCE 2021-08 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, 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Commissioners of the County of Weld, State of Colorado, that Chapter 24 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 24 SUBDIVISIONS ARTICLE I — General Provisions Amend Sec. 24-1-40. Definitions. For the purposes of Chapters 24 and 27, the following words and phrases shall have the meanings stated in this Section: Subdivision or subdivided land: Any parcel of land in the unincorporated County which is to be used for condominiums, apartments or any other multiple -dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density, or which is divided into two (2) or more parcels, separate interests or interests in common, unless exempted under the following subsections. Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests. Interests in the surface of land created by and through surface use agreements for oil and gas facilities or solar energy facilities (including 1041 solar energy facilities) are not a subdivision or subdivided land. Unless the method of disposition of property is adopted for the purpose of evading these subdivision regulations set forth in this Chapter, the terms subdivision and subdivided land shall not apply to any division of land: a. thru j. — No change. PAGE 1 2021-1541 ORD2021-08 ARTICLE VI — Rural Land Division Amend 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: 1. thru 4. — No change. Delete 5. Renumber subsequent items. Amend Sec. 24-6-60. Final plan procedure. A. The Rural Land Division Final Plan application shall be processed according to the following procedure: 1. thru 12. — No change. Delete 13. Renumber subsequent items. ARTICLE VII — Family Farm Division Amend Sec. 24-7-40. Procedure. A Family Farm Division application shall be processed according to the following procedure: A. thru F. — No change. G. If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Family Farm Division application and to take final action thereon. The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the hearing. 1. thru 2. — No change. Delete 3. and renumber subsequent item. Remainder of Section — No change. ARTICLE VIII — Public Facility Division Amend Sec. 24-8-40. Procedure. A Public Facility Division application shall be processed according to the following procedure: A. thru F. — No change. G. If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Public Facility Division application and to take final action thereon. The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the hearing. 1. thru 2. — No change. Delete 3. and renumber subsequent item. PAGE 2 2021-1541 ORD2021-08 Remainder of Section — No change. ARTICLE IX - Resubdivision Amend Sec. 24-9-10. Overview. A. The Resubdivision process is used to modify a Historic Townsite, Minor Subdivision, Rural Land Division or recorded Subdivision plat to add or consolidate lots, adjust lot lines or vacate all or part of a plat, including rights -of -way and easements. No public road rights -of -way may be vacated within a Subdivision or Historic Townsite except through the Resubdivision process. Remainder of Section — No change. Amend Sec. 24-9-40. Procedure. A Resubdivision application shall be processed according to the following procedure: A. thru I. — No change. J. If scheduled for a public hearing, the Board of County Commissioners shall consider the Resubdivision application and take final action thereon. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the Resubdivision application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 24-9-10 and 24-9- 20 of the Weld County Code. Delete 1. and renumber subsequent items. Remainder of Section — No change. ARTICLE X — Lot Line Adjustment Amend Sec. 24-10-20. Standards. A. The Lot Line Adjustment is subject to the following criteria: 1. thru 3. — No change. 4. Any parcel of land excluded through the Lot Line Adjustment process that is not incorporated into an adjacent lot shall not be less than thirty-five (35) acres net. Remainder of Section — No change. Amend Sec. 24-10-40. Procedure. A Lot Line Adjustment application shall be processed according to the following procedure: A. thru F. — No change. G. If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Lot Line Adjustment application and to take final action thereon. The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the hearing. 1. thru 2. — No change. Delete 3. and renumber subsequent item. PAGE 3 2021-1541 ORD2021-08 Remainder of Section — No change. ARTICLE XI — Obsolete Land Divisions Amend Sec. 24-11-20. Amended recorded exemption standards. A. The Amended Recorded Exemption is subject to the following criteria: 1. thru 3. — No change. 4. The largest lot of any Recorded Exemption created after August 3, 2010, shall not be less than thirty-five (35) acres net. This provision does not apply if the lot is already less than thirty-five (35) acres net prior to the amendment. Delete 5. Renumber subsequent items. Repeal and Reenact Sec. 24-11-50, as follows: Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption. A. A property owner may request a complete or partial vacation of an existing Recorded Exemption or Subdivision Exemption through the procedures set forth in this Section. The vacation request shall be submitted, in writing, to the Department of Planning Services and shall be signed by all owners of the lot(s) to be vacated. The vacation request letter shall describe the purpose of the vacation, any existing improvements, and any easements or rights -of -way that may be affected. B. Complete vacations must include all lots created by the same exemption plat. Partial vacations may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. Lots created by a plat that has been approved by the County pursuant to Article X of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally created by exemption plat. No property resulting from the vacation may be left without access to a public road right-of-way. No property resulting from the vacation may continue to use any access easement across other lots within the exemption plat without the express consent of those lot owners. C. The vacation request may be processed without any of the submission, referral or review requirements of Chapter 24. No sign posting or legal publication shall be required. No notice to surrounding property owners is required, except for a partial vacation of only the largest lot, in which case notice shall be sent to the owners of all other lots within the same exemption plat. D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation request to be forwarded to the Clerk to the Board. Exemption vacations will be placed on the Board of County Commissioners Agenda. E. The owners of all lots within the affected exemption plat shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. PAGE 4 2021-1541 ORD2021-08 F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the Exemption plat is vacated. Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board. G. In the event any easement is included in the vacation, the Resolution may include a condition requiring the applicant to provide evidence that the interests of the easement grantees are protected. Such evidence shall include a separate document demonstrating that any easement created by the exemption plat is retained, has been replaced, or has been relinquished or extinguished with the consent of all beneficiaries of the easement or by order of a court of competent jurisdiction. H. If the vacation request is approved by the Board of County Commissioners, an exemption vacation plat meeting the requirements of subsection I of this section shall be submitted to the Department of Planning Services for recording with the recording fee. The applicant shall submit a signed deed conveying the vacated property to himself or herself. Such deed shall contain the metes and bounds or aliquot legal description from the plat. Upon receiving all required signatures, the Department of Planning Services will record the plat and the deed. The vacation is effective on the date of recordation of the plat with the Weld County Clerk and Recorder. I. Exemption vacation plat requirements. 1 The plat shall be titled "VACATION OF LOT [X] OF [RECX-XXX]." 2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective. 3. The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY." 4. In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within the Recorded Exemption or Subdivision Exemption. 5. The plat shall be signed by the owners of the vacated parcel and the Chair of the Board of County Commissioners. ARTICLE XII — Resolution of Illegal Land Divisions Amend Sec. 24-12-40. Procedure. A. The Resolution of Illegal Land Division application shall be processed according to the following procedure: 1. thru 5. — No change. 6. At the public hearing, the Board of County Commissioners shall consider the Resolution of Illegal Land Division application and take final action thereon. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the Resolution of Illegal Land Division application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 24-12-10 and 24-12-20 of the Weld County Code. Delete a. and reletter subsequent items. PAGE 5 2021-1541 ORD2021-08 Remainder of Section — No change. 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 2021-08 was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: PAGE 6 2021-1541 ORD2021-08 Publication: April 18, 2021 First Reading: May 26, 2021 Publication: May 30, 2021, in the Greeley Tribune Second Reading: June 14, 2021 Publication: June 20, 2021, in the Greeley Tribune Final Reading: July 7, 2021 Publication: July 11, 2021, in the Greeley Tribune Effective: July 16, 2021 PAGE 7 2021-1541 ORD2021-08 Hello