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Home My WebLink About20211426.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 was introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14, 2021. A public hearing and final reading was completed on July 7, 2021, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO: 2021-08 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 16, 2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2021 PUBLISHED: July 11, 2021, in the Greeley Tribune NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 was Introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14 2021. A public hearing and, final reading was completed on July 7, 2021, with no change being made to the text of said Ordi- nance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. An backup ma- terial, exhibits or information previously submittedtothe Board of County Commissioners concerning this matter may be exam- ined in the office of the Clerk to the Board of County Commis- sioners, located within tie Weld County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5.00 p.m., Monday ehru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail mes- sages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspond- ence into the case file, please send a copy to egesick8iweidgov. coin. ORDINANCE NO: 2001.06 ORDINANCE TITLE: IN [HE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 16.2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2021 PUBLISHED: July 11, 2021, in the Greeley Tribune - 1815075 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Shayla Najera , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published' continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jul 11. 2021 Subscri ed and sworn to me before me this day of Notary P blic (SEAL) MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: Ad Number: Fee: 1099690 1815075 $11.40 1.4 0.2002—/-/aila NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 was introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14, 2021, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 7, 2021. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2021-08 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 7, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 18, 2021 PUBLISHED: June 20, 2021, in the Greeley Tribune NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 was introduced on first reading on May 26. 2021, and a public hearing and second reading was held on June 14, 2021, with no change being made to the text of said Ordi- nance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631, on July 7, 2021. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Cleric to the Board's Office at phone (970) 400-4225, or fax (970) 336 7233, prior to the day of the hearing If, as a result of a disability. you require reasonable accommodations In order to participate inthis hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado. between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be in- cludedgin the case file. To ensure inclusion of your e-mail corre- spondence Into the case file, please send a copy to egesick® weldgov.com. ORDINANCE NO. 2021-08 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 7, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 18,2021 PUBLISHED: June 20, 2021, in the Greeley Tribune - 1809884 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Shavia Naiera being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jun 20. 2021 Subscribed and sworn to me before me this Cal; a y of ' t / /. , Old 1 Notary Pub (SEAL) MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11. 2022 Account: Ad Number: Fee: 1099690 1809884 $13.68 1.4 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 26, 2021. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 14, 2021. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2021-08 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 14, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 28, 2021 PUBLISHED: May 30, 2021, in the Greeley Tribune ******* WELD 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 c7.1002/ 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. 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. 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. 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. 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. 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. NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-08 published below. was introduced and, on motion duly made and seconded, approved upon first reading on May 26, 2021. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley. Colorado 80631, on June 14, 2021. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225. or lax (970) 336-7233. prior to the day of the hearing if. as the result of a disability, you require reasonable accommodations In order to participate In this hearing. Any backup material, exhibits or information previously submitted to the Board at County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building.1150 0 Street. Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m.. Monday thru Friday. or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure Inclusion of your e• mall correspondence Into the case Zile, please send a copy to egesIckeweidgaa.tom. ORDINANCE NO. 2021-08 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING. WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 14, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO DATED: May 28, 2021 PUBLISHED: May 30, 2021, in the Greeley Tribune WELD 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. Stale 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 al 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 dale of adoption. and WHEREAS, the Weld County Code is in need of revision and clarificaAon with regard to procedures. terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld. Stale of Colorado, that Chapter 24 of the Weld County Code be, and hereby is, repealed and reenacted, with amendments, to read as follows. CHAPTER 24 SUBDIVISIONS ARTICLE I —General Provisions Amend See. 24.1.40. Definitions. For the purposes of Chapters 24 and 27, the following words and phrases shag have the meanings stated in this Section: Subdivision or subdivided land Any parse/ of land in the unincorporated County which is to be used tar 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 A divided into two (21 or more parcels, separate interests or interests in common. unless exempted under the following subsections. Interests shag 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 actions (including 1041 solar energy facilities) are not a subdivision or subdivided land. Unless the method of disposition of properly 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: e. thm i.— No change. ARTICLE VI — Rural Land Division kneed Sec. 24-5-20. Standards. A. The Rural Land Division is a land division process used to divide a parcel into a maximum 01 lour (41 separate lots and is subject to the following criteria: 1. thru 4. —Re charge. Delete5. 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. Arc 12. -No change. Delete 13. Renumber subsequent items. ARTICLE VII - Family Farm Division Amend Sec. 24-7-40. Procedure. A Family Fenn Division application shall be processed according to the following procedure: A. (Mu F.- No change. G. II recommended ler denial, the Board al 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 o/ the hearing date, time and location via Cent'ied Mall, 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 al Section -No change. ARTICLE VIII- Public Facility Division Amend See. 24-8-40. Procedure. A Public Facility Division application shall be processed according to the following procedure: A. thru F. -No change. 0.11 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 shag be notified of the hearing dale, 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 shag be required for the hearing. 1. thru 2. - No change. Delete 3. and renumber subsequent item. Remainder al Section -No change. ARTICLE IX • Resubdlvlslon 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.ol-Ivay and easements. No public road rights.°f-auy may be vacated within a Subdivision or Historic Townsite except through the Resubdivision process. Remainder of Section -No change, Amend Sec. 24-9-40. Praeedere. A Resubdivision application shall be processed according to the following procedure: A. thru I. -No change. J. II 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 Ole and facts presented al 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 I. and renumber subsequent items. Remainder of Section - No change. ARTICLE X - Lel Line Adjustment Amend Sec. 24.10.20. Standards. A. The Lol Line Adjustment is subject la 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 -live (35) acres net. Remainder of Section - No change. Amend See. 24-10-40. Procedure. A Lot Line Adjustment application shall be processed according to the fallowing 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 lake final action thereon. The applicant shall be notified of the hearing date, time and location via Codified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication, or surrounding properly owner notification shall be required for the hearing. 1. thru 2. - No change. Delete 3. and renumber subsequent item. Remainder al Section -No change. ARTICLE 10 - Obsolete Land Divisions Amend See. 24.11-20, Amended recorded exemption standards. A. The Amended Recanted Exemption is subject to the following criteria: 1. mm 3. - No change. 4. The largest lard any Recorded Exemption created after August 3, 2010, shall not be less than thirty-five (35) acres net. This provision does not apply it 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 follow.: Sec. 24-11-S0. Complete or partial vacation of recorded exemption or subdivision exemption. A. A property owner may request complete or partial vacaUonaf an misting 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 101(s110 be vacated. The vacation request feller 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 A greater Illan thirty -live (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, Lol Line Adjustments. may be eligible for vacation it they were originally created by exemption plat. No property resulting from the vacation maybe lett without access to a public road right-ob way. No property resulting Imm the vacation may continue to use any access easement across other lots within the exemption plat without the express consent of those /or owners. C. The vacation request may be processed without any of the submission, referral or review requirements of Chapter 20. No sign posting or legal publication shall be required. No notice to surrounding property owners is required, exception 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 leper, 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 Into within the affected exemption plat shall be notified of the hearing dale. time and location via Certified Mall sent by the Clerk to the Board. at least ten (10) days prior to the hearing. 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. II 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 tee. 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 retard 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 tilled "VACATION OF LOT (X) OF [RECX-XXX[." 2. The plat shall contain a complete and auurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Sabdivision Exemption after the vacation Is effective. 3. The vacated parcel shall be labeled 'VACATED ON [DATE) BY RESOLUTION (I) 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 Lend 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 shag 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 Stall. 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 applkanthas not met one (1) or mare 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. 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 Ee Weld County Code with the amendments contained herein, to coincide with chapters, articles. divisions, sections. and subsections as they currently east within said Code: and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, dMsians, 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 lad that any one or more sections. subsections, paragraphs. sentences, clauses, or phrases might he declared lobe unconstitutional or invalid. Published Greeley Tribune May 30.2021-1803908 Affidavit of Publication STATE OF COLORADO County of Weld, I Melissa Najera SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was 30th day of May A.D. 2021 and the last publication thereof: in the issue of said newspaper 30th day of May A.D. 2021 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Agent S bscribed and sworn to before me this day of June, 2021 in the County of Weld, State of Colorado. Acct#: 1099690 Ad #: 1803908 Cost: $106.96 Notary ' ' blic SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES JULY 31, 2021 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on June 14, 2021 and July 7, 2021. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-6100, or the Clerk to the Board's Office at (970) 400- 4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET #: 2021-35 PLANNING COMMISSION DATE: May 4, 2021 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: May 26, 2021 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2021-08 PRESENTED BY: TOM PARKO REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: April 16, 2021 PUBLISHED: April 18, 2021, in the Greeley Tribune 2021-1426 Notice Pursuant to the zoning laws of the State of Colorado and the Weld Coutynty Code, a public hearing will be held before the WCommissioners In the Heg eaarri g Room,mmission Weld the Board o tyAdministra- tionninty ciffieed below.1150 Second oandThThiirrdey dingreof said Ordinanncee will be considred on June 14, 2021 and July 7, 2021. The complete case file may be examined by calling the De- partment of Planning Services at (970) 400.6100 to make ar- rangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld Count/ Administra- tion Building, 1150 0 Street Greeley. Colorado 80631. E -Mall messages sent to an individual Commissioner may not be In- cluded in the case file. To ensure Inclusion of your E -Mall corre- spondence into the case file prior to the Commission hearhm, please call the Department of Plan to ob- tain tlN contact bhtornfCon. For of any oar egegelc� to the Da rd of Con: one , hearing E- rnaB If court reporter is mired for either hearing, please ad- vise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the re- questing party. In accordance with the Americans with Disabili- ties Act, If special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400.6100. or the Clerk to the Board's Office at (970) 400.4225, prior to the day of the hearing. All cases scheduled before the Planning Commission Board of County Commissioners are subject to continuance, due to lack of quo- rum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updat- ed at any time at the request of the applicant, or in response to public Input, referral responses, or staff recommendations. Ow, Inn the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings. conditions of approval.oval, and/or development standards in the DOCKET ID 2021.35 PLANNING COMMISSION DATE: May 4, 2021 TIMM 12434 BOARD OF COMMISS1014915 DATE: May 26, 2021 CASE MOOD PIEESENTED YN }THOM ORDINANCE 1 OB WITH AMENDMENTS, MATTER OF 24 SSUBBDIIVISIONNS, AND REENACTING, Of TH COUNTY CODE. PLANNING COMMISSION WELD COUNTY. COLORADO DATED: April 16, 2021 PUBUSHED: April 18. 20.21. in the Greeley Tribune • 1792874 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Melissa Nalera , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 2470.103. 3. The notice that is attached hereto is a true copy, published In the Greeley Tribune In Weld County on the following date(s): Apr 18. 2021 Signature S scr bed and sw{o /r tto me beforel/me this j7��/% day of fie e r- \Jl� Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO, NOTARY ID 20174031986 MY COMMISSION EXPIRES JULY 31, 2021 Account: Ad Number: Fee: 1099981 1792874 $20.90 1.4 RECEIVEb i ` 121 as County Planning Dept Hello