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Home My WebLink About730009.tiff 67311//- 6/ RESOLUTION WHEREAS, the Weld County Planning Commission by Resolution has recommended to the Board of County Commissioners, Weld County, Colorado, that Section 9 of the Weld County Subdivision Regulations, pages 53 and 54, Table of Contents and Section 3, paragraph 3-2 A of the Weld County Subdivision Regulations be amended, 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 of the Weld County Subdivision Regulations, page 53 and 54, Table of Contents and Section 3, paragraph 3-2 A of the Weld County Subdivision Regulations, all as shown on the attached exhibits be and the same are hereby adopted. Dated this 28thday of February , 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _. G ATTEST: l : Cle of the Board By= e'. �` c Deputy County Clerk APPR AS TO FORM: • ou y Attorney CTS 7-?1" 730009 s' ,ocan - XX/y, 6/ February 26, 1973 I hereby certify that pursuant to a notice dated January 24, 1973, duly published January 26 and February 16, 1973, a public hearing was had on a request to Amend Section 9 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. r A--��t ATTESTS ��ttt� � �{ � COUNTY CLERK AND RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 72146 .39.'020 9 THIS IS TO CHANGE THE TERM "MINOR SUBDIVISION" TO READ "RECORDED EXEMPTIONS" TO COMPLY WITH THE REQUEST OF THE STATE LAND COMMISSION HEARINGS DATE: February 26, 1973 /O' / /e-9 TAPE #: 7—Y — /U DOCKET #: 4 P£T+W4RR£-31A.ME: DATE FIRST HEARD: 2, -26 - 7 3 P£4iii4S+E-R-S-ADDRESS. REPRESENTED BY: 724 REQUEST: Amend Section 9 of the Weld County Subdivision Regulations (eharnle-vf- Zvrre) yr Ftand-F3se-Permit) LEGAL DESCRIPTION: SPOKESMAN: For: C,Fu-��-.-� �„f 'Tiri Against: ACTION TAKEN: Q�. ef.,7 r� �,�,d Q°42 (Conditions) C/i/ '(/i7� • .-2-2 el 7.3 7A N ANC) E EG 0 D AMEND SECTION 9 of the February 26, 1973 ' WELD COUNTY SUBDIVISION RPM .AT TnNS 10:00 M NAME ADDRESS i 1 ;1 BEFORE THE YIELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE. BOARD Or COUNTY COMMISSIONERS ERS Proved 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 : To amend Section 9 of the Weld County Subdivision Regulations pages 53 and 54 , table of contents and Section 3 , paragraph 3-2 A. See attached sheets o. To be recommended favorably to the Board of County Commissioners for the following reasons : To comply with the request of the State Land Commission • Motion seconded by J . Ben Nix Vote : For Passage : Glenn Anderson Against: • Donald Clark Bill Elliott J . Ben Nix Elmer Rothe John Watson John Weigand 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 . STATE O O ADO COUNTY OF WELD sS. Filed .+,th the Clerk of the Board of County Commissiorers JAN 1 01973 COUNTY CLENK AND RFCORDER By _ Deputy t. 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 Jan . 8 , 1973 and recorded in Book No . III of the proceedings of the said Planning Commission . .. .: Dated the 10th day- of Jan . 197 3 1 "J� . _ . cretary Pro-tem • TABLE OF CONTENTS SECTION PAGE ADOPTION RESOLUTION 1 . TITLE , AUTHORITY , JURISDICTION AND PURPOSES 1 2 . DEFINITIONS 5 3 . PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS . . . . 11 4. SKETCH PLAN 14 5 . PRELIMINARY PLAN 16 6 . FINAL PLAT 25 7 . CONFORMANCE WITH EXISTING LAWS 36 8 . DESIGN STANDARDS 37 9 . RULES AND REGULATIONS FOR RECORDED EXEMPTIONS 53 10 . UTILITIES AND IMPROVEMENTS 55 11 . IMPROVEMENTS AGREEMENT 56 12 . VARIANCES 57 13 . VIOLATIONS AND PENALTIES 58 14 . VALIDITY 59 i P • C. Final Plat The Final Plat submission shall conform to the approved Preliminary Plan and the requirements contained in these regulations . The Planner shall record the Final Plat as provided in SECTION 6-3-E. D . Conformity to these Regulations Sketch plans , Preliminary Plans and Final Plats shall • conform to the requirements and specifications of these regulations and shall be submitted in the manner pre- scribed . E. Planning Commission Action Failure by the Planning Commission to act by recommend- ing to the Board approval , conditional approval , or dis- approval of a Preliminary Plan or a Final Plat within sixty (60) days of the review date of such plan or plat , or another mutually agreed upon period of time , shall be deemed a favorable approval by the Planning Commission , and the subdivider may request a hearing by the Board . F. County Commissioners Action After review of the Final Plat by the Planning Commis- sion , the Board shall hold a hearing as provided in SECTION 6-3-C. G. Acceptance of Street and Other Public Land Dedication Acceptance of dedication of proposed public lands or • streets or streets rights -of-way , in an approved plat , can be made only by the Board . Plat approval cannot be deemed as acceptance of dedicated streets for mainten- ance . 3-2 Summary of Rules and Regulations for Recorded Exemptions A . Application for Exemption from Definition of Subdivision 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 Planning Commis- sion for a recorded exemption from the definition of "subdivision" as provided in SECTION 9 . -12- Esther Gesick From: Jim Flesher Sent: Thursday,June 28, 2018 11:59 AM To: Esther Gesick Subject: Pages missing from 1973 reso in Tyler Attachments: 1973 Subdivision Regulations Change from Minor Sub to Recorded Exemption 730009.pdf; Pages missing from 730009 MS changed to RE.pdf Hi, Esther: The attached resolution changed "Minor Subdivisions" to "Recorded Exemptions" but the version in Tyler is missing two pages, which I found in a file. Thanks, Jim Flesher, AICP Long-Range Planner Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Phone: (970) 400-3552 www.weldgov.com i 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 9-3-A be- low 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 "sub- divided land" and from following the complete regulations , requirements and procedures set forth in these Subdivi- sion Regulations . Such land divisions must follow the procedures in this Section 9 . Exemptions approved pur- suant to this Section 9 shall be referred to as "Recorded Exemptions " . 9-2 A lication for Exem tion from Definition of "Subdivision or u iv e an A The owner or agent of the owner of a tract or parcel of land which is proposed to be divided into two (2) build- ing sites , tracts , or lots may apply to the Board for ex- emption from the definition "subdivision" or "subdivided land" . Such application shall include the following : (1 ) A location map indicating the relation of the lots to existing roads ; (2) A 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 certi- fications 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 application for recorded exemption from defini - tion of "subdivision or subdivided land" ; (5) The type of water system proposed ; also documenta- tion 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 . -53- 9-3 Review Procedures for Recorded exem tions from Definition o u v s on or u 1 e an A The Planner shall reviev application for recorded ex- emption from the definii of subdivision or subdivided land" prior to its consi tion by the Board . He shall make a recommendation tc Board concerning the approp- riate action to take rec ng the application . The Board shall not approve the e; ion of the proposed land div- ision unless it finds ti llowing : ( 1 ) That the proposed are not part of a recorded ex- emption from the dr tion of subdivision or sub- divided land" or a ivision approved within less than five (5) year: vious ; ( 2) That the proposed ' division would not. constitute the subdivision of rger tract or parcel of land into more than two building sites , tracts , or lots within five (! ars ; ( 3) That the lots resu. from the proposed land div- ision will each be ssible from an existing public road with a minimur ntage in conformance with the County Zoning Res°' n ; (4) That the proposed ' will have access to an ade- quate water supply (5) That the proposed ' will have access to an ade- quate means for thi posal of sewage ; (6 ) That the minimum ll ze shall not be less than the zoning requirement! ( 7) That the land divi! proposal is in compliance with the Comprehensive I (8) That said land div I does not interfere with or lie within major f rays or drainage courses . Otherwise , the Board sh, lesignate the proposal as a subdivision as defined iese regulations . B . Filing of Exemptions Upon obtaining approval !xemption from the definition of "subdivision or subdivi and" , pursuant to this Section 9 , the Planner shall re the plat of the exemption in the office of the Count, !rk and Recorder. County road widths shall be dedicat ; required in the Comprehensive Plan , and the owner sha ly fees as provided in a resol - ution by the Board . -54- NOTICE 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 February 26th, 1973 at 10:00 A. M. , for the purpose of amending Section 9 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 amend- ments to said Section 9 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. Dated this 24th day of January, A. D. , 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ;' �h , )i ,> ATTEST: CV/War Clerk od Deputy County Clerk 7 ,Xx//C ? s r NOTICE Docket #4 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 February 26, 1973 at 10:00 A.M. , for the purpose of amending Section 9 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 Section 9 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: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated January 24, 1973 Published January 26 8 February 16, 1973 Pie& 3976V PAZILfJ ' ate, • T NF µ� COMMISSION MEMBERS JOHN R. CROVJLEV. Chairman LEGISLATIVE ADVISORS DIETZ LUSK, JR., Vice-Chairman STATE OF COLORADO SEN. JOSEPH B. SCHIEFFELIN HARRY A. CORN ELL, Secretary JOHN A. LOV E.G0VER.N0R SEN. CLARENCE A. DECKER LEON DUCHARM,E, Treasurer REP. DOM111 tJIC A. COLO RCSO REP. SANDERS G. ARNOLD OFFICE OF REP. EDWARD I. NEl'Jtd AN OR. REXER BERNDT COLORADO LAND U._ COMMISSION MRS. E. RAY CAMPBELL Cr•- CLAVDE D. PETERS BILL GOSSARD Staff Director MAX KREY 762 State Capitol Annex Denver. Colorado 80203 (303) 892-2778 NOTIFICATION OF COMPLIANCE Date: January 23 . 1973 Board of County Couuuissioners Weld County • County Courthouse Greelgy Colorado Gentlemen: You are hereby notified that the subdivision regulations as adopted for wold County as submitted to the Land Use Couuuission on 12/4 , 1972 are found to be in compliance with current state aw pursuant to G.R.S. 106-2-34 (1963) (1972 Session Laws) . Sincerely, r e/eseeeecse/ -ems Claude D. Peters Staff Director Colorado Land Use Commission ado Gilbert McNe' . • 1 Hello