HomeMy WebLinkAbout20211427.tiffEXHIBIT INVENTORY CONTROL SHEET
ORD2021-08 - IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
Tyler
Exhibit Submitted By Page # Description
Shannon Toomey
A. AGPROfessionals
B.
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F.
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Letter with comments
2021-1427
Cheryl Hoffman
From:
S me
To:
Cc:
Subject:
Attachments:
Esther Gesick
Thursday, June 24, 2021 11:42 AM
Cheryl Hoffman
Angela Snyder; Tom Parko Jr.; Jan Warwick; Jessica Reid; Chloe Rempel
FW: Comments on Weld County Code Ordinance 2021-08
Comments on Weld County Code Ordinance 2021-08.pdf
Cheryl,
Please add to the Ordinance record.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/PM. Box 758lGreeley, CC 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Angela Snyder <asnyder@weldgov.com>
Sent: Thursday, June 24, 2021 11:40 AM
To: Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com>;
Chloe Rempel <crempel@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>
Subject: FW: Comments on Weld County Code Ordinance 2021-08
All,
Please include the attached comments regarding ORD2021-08 with hearing on July 7, 2021.
Best,
Angela
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyder@weldgov.com
(970) 400-3525
1
From: Shannon Toomey
To: Angela Snyder
Cc: Tim Naylor; Keesey Bruxvoort; Krystal Rowland
Subject: Comments on \Veld County Code Ordinance 2021-08
Date: Thursday, June 17, 2021 9:28:12 AM
Attachments: imageOC 1.pnq
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This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning Angela,
Upon review of the draft Weld County Code Ordinance 2021-08, we found the following
inconsistencies which we wculd like brought to the attention of Planning Staff and the Board of
County Commissioners prior to the final reading:
Sec. 24-11-20. A.4 regarding Amended Recorded Exemptions has been amended to read "The
largest lot of any Recorded Exemption created after August 3, 2010, shall not be less than thirty-five
(35) acres net. This provisior does not apply if the lot is already less than thirty-five (35) acres net
prior to the amendment."
This change is reasonable, however, if Sec. 24-6-20. A.8c regarding RLDs is left as currently written, it
will be inconsistent with the above change. Sec. 24-6-20. A.8c, referring to RLDs located on the
largest lot of an RE, currently reads "The remaining acreage of the large Recorded Exemption lot
shall not be less than one hundred and twenty (120) acres." For consistency, we request that Sec.
24-6-20. A.8c be updated to read "The remaining acreage of the large Recorded Exemption lot shall
n ot be less then thirty-five (35) acres net."
Also, Sec. 24-10-20. A.4 regarding LLAs is proposed to be updated to read "Any parcel of land
excluded through the Lpt Lire Adjustment process that is not incorporated into an adjacent lot shall
n ot be less than thirty-five (35) acres net." Sec. 24-6.20. A.8d regarding RLDs references this section:
"The Lot Line Adjustment standard per Section 24-10-20. A.4 of Weld County Code, as amended,
does not apply to a Lot Line Adjustment processed in conjunction with a Rural Land Division."
Because Sec. 24-10-20. A.4 is proposed to be changed, it makes sense to also change Sec. 24-6-20.
A.8d, which directly refers to this section. We request that, for consistency, Section 24-6-20. A.8d
e ither be deleted or be updated to read "The Lot Line Adjustment standard per Section 24-10-20 A.4
of Weld County Code, as amended, applies to a Lot Line Adjustment processed in conjunction with a
Rural Land Division."
If Sec. 24-10-20. A.4 is changed as proposed but Section 24-6-20. A.8d is left as is, the code will seem
to imply that the 35 -acre minimum for lots created by LLAs does not apply to LLAs processed in
conjunction with RLDs. This contradicts Sec. 24-6-20. A.1 regarding RLDs, which states "The property
to be divided by the proposed Rural Land Division shall be comprised of legal lots", implying that the
35 -acre minimum does apply. If I am correctly understanding the intentions of the proposed code
changes, I request that Sec. 24-6-20. A. 8d either be deleted or updated to read "The Lot Line
Adjustment standard per Section 24-10-20 A.4 of Weld County Code, as amended, applies to a Lot
Line Adjustment processed in conjunction with a Rural Land Division." If the intention is instead to
allow a parcel excepted by LLA for the purposes of an RLD to be less than 35 -acres, then this should
be clarified.
Thank you for your consideration of these comments. I'd be happy to discuss these comments with
you if anything is unclear.
Thanks,
Shannon Toomey
Land Planner
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
970-535-9318 office
www.agpros.com
PROfessionals
:DEVELOPERS OF A.GIU ULEI URE
itt 2019
15-6
TorchAwards
forEthics
i.ne r
Planning Commission May 4, 2021
ORD2on-o8 Ch 24
ORD2o21-og Ch 23
ORD2o2i o8
Chapter 24
Cheryl Hoffman
To:
Subj c
Cheryl Hoffman
FW: ROW Code Changes
From: Tom Parko Jr. <tpa rko@weldgov.com>
Sent: Tuesday, May 11, 2021 9:36 AM
To: Angela Snyder <asnyder@weldgov.com>
Subject: FW: ROW Code Changes
FYI. Can you make this change? Thanks, Tom
From: Bob Choate <bchoate@weldgov.com>
Sent: Tuesday, May 11, 2021 9:30 AM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Subject: RE: ROW Code Changes
Tom,
As we discussed, we need to include an additional change to Ordinance 2021-08 for the BOCC first reading on 05/26/21.
I suggest the following (in red below):
Sec, 2$-9-1
Mew.
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.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Bob Choate
Sent: Tuesday, May 4, 2021 3:00 PM
To: Tom Parko Jr. <tparko@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Elizabeth Relford
<erelford @weldgov.com>
Subject: RE: ROW Code Changes
Thanks, Tom. I just spoke with Dawn, and she's on board with trying to meet the timeline to put the proposed chapter 8
changes on for first reading on May 26th as well.
2021-1427
1
Dawn and Elizabeth — I think the draft that Chloe sent out (see attached email) is about 95% of the way there but we
haven't made any changes since February or March. Dawn said she would discuss it with her group and see if we can't
get it into a more final form. I understand that the plan is to discuss it next week with your commissioner coordinator,
and then take it from there.
Let me know how I can assist.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Monday, May 3, 2021 10:05 AM
To: Bob Choate <bchoate@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Subject: RE: ROW Code Changes
Thanks Bob! Works for me! Tom
From: Bob Choate <bchoate@weldgov.com>
Sent: Thursday, April 29, 2021 2:09 PM
To: Tom Parko Jr. <tparko@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Subject: FW: ROW Code Changes
Tom and Dawn,
When we last discussed the ROW vacation requirements, we decided that we would update Chapter 8 and transfer the
duties of processing these applications to PW. We also decided that a resubdivision processed by Planning would be
required for any ROW vacation within a subdivision or historic townsite. I recall that would only require an additional
statement in Chapter 24 (likely in the resubdivision article) stating as much. We already state that in this draft of
changes to Chapter 8.
Tom — You have first reading on May 26th for changes to Chapter 24 ("RE Vacation and Lot Line Adjustment"). We could
include a minor change with that ordinance if that works for you.
Dawn — Do you have any more recent update than this draft of Chapter 8 changes from February? Do you want to try to
move forward with a code change starting on May 26th?
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Chloe Rempel <crempel@weldgov.com>
Sent: Wednesday, April 28, 2021 2:45 PM
To: Bob Choate <bchoate@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>
Subject: ROW Code Changes
2
Bob,
Attached is everything you need in reference to the proposed ROW Code changes. Thank you for your help in
picking this conversation back up! At our last meeting, the group indicated they would like the ROW Code
updates to happen concurrently with Tom's updates to Chapter 24 specific to ROW vacations as part of the
resub process.
Thanks again,
Chloe
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: crempel@weidgovecorn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 4, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch, Dwaine Barclay, Butch White, Troy Mellon.
Absent: Skip Holland, Sam Gluck.
Also Present: Angela Snyder and Tom Parko, Department of Planning Services; Bob Choate, County
Attorney, and Michelle Wall, Secretary.
Motion: Approve the April 20, 2021 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Gene Stille. Motion passed unanimously.
El CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2021-08
TOM PARKO AND ANGELA SNYDER
IN THE MATTER OF REPEALING AND RENANCTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
Tom Parko, Department of Planning Services, explained that throughout the year as the Planning
staff helps applicants with their cases, they sometimes come across Code that makes the process difficult.
As they come across issues, they take notes and later gather together to discuss and streamline the Code
to be more useful. Staff then presents their recommendations to the Planning Commission and the Board
of County Commissioners. Mr. Parko explained that staff is proposing Code to be changed to allow the
largest lot of a Recorded Exemption created after August 3, 2010, to be vacated or amended smaller to
allow the excepted portion to be divided into 35-arce tracts by deed.
Angela Snyder, Department of Planning Services, stated that Planning staff is asking for
recommendation of approval for Ordinance 2021-08 amending Chapter 24 Subdivisions, of the Weld
County Code.
Ms. Snyder said that staff is recommending the standard "The Rural Land Division (RLD) shall be at least
one mile beyond a municipal boundary" be repealed. The nonurban requirement is that it be outside of a
mile from sewer, not from the municipal boundary.
Commissioner Cope said he has a problem with flag -pole annexations. Mr. Parko explained staff is trying
to take care of that issue by changing the RLD boundary from the town's sewer, not the municipal boundary.
Ms. Snyder explained staff is recommending removing the standard "The Lot Line Adjustment process does
not create additional lots and shall not be used to evade the County subdivision regulations." Instead
replace language with "Any parcel of land excluded through the Lot Line Adjustment process that is not
incorporated into an adjacent lot shall not be less than 35 acres net. She explained that the excepted
portion of the large lot of a Recorded Exemption could be split into 35 -acre tracts. Staff is proposing to add
a "partial" option to the Recorded Exemption/Subdivision Exemption plat vacation. It allows a lot greater
than 35 acres to be removed from an exemption plat.
Commissioner Gluck joined the hearing at 12:40 pm.
Ms. Snyder said the access and water need to be protected when creating a lot. Mr. Parko explained it is
a State requirement with the Division of Water Resources the lot has to be at least 35 acres in order to get
a full -use well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
The Chair stated there were no audience members in today's hearing.
Motion: Recommend Adoption of Ordinance 2021-08, Moved by Troy Mellon, Seconded by Butch
White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
CASE NUMBER: ORDINANCE 2021-09
PRESENTED BY: TOM PARKO AND ANGELA SNYDER
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Tom Parko, Department of Planning Services, said that staff is trying to achieve more efficiency and
make some processes easier.
Angela Snyder, Department of Planning Services, stated that Planning staff is asking for
recommendation of approval for Ordinance 2021-09 amending Chapter 23 Zoning, of the Weld County
Code.
Ms. Snyder explained that the current Code definition for Agricultural Production refers to agricultural
support and service businesses, such as farm equipment sales, oil extraction, and elevator storage but not
to actual farming operations. This has caused some confusion in the agricultural sector. The common
definition for Agricultural Production is commercial farming.
Staff discussed the Auxiliary Quarter definition, which is often referred to as a mother-in-law suite. She
said an independent dwelling unit, such as a basement apartment, is part of the main dwelling and can
function as an independent unit. The Auxiliary Quarter has to share the same water and sewer services
used by the rest of the home. Staff is recommending removing the 2.5 acre lot requirement. She explained
the main house must be at least 16,000 sf, the Auxiliary Quarter has to be attached with a common roof
and foundation and the unit has to be 50 percent less in size than the main house.
Mr. Parko said that the current Code says that Auxiliary Quarters cannot be rented out. He explained that
is hard to enforce and with the current marketing conditions and housing, removing the restriction will
provide more flexibility and opportunities.
Commissioner Mellon asked staff if an Auxiliary Quarter shares the same address as the main house. Staff
replied that it does.
Commissioner Stille asked if by removing the 2.5 acres lot requirement, is there will no longer an acreage
requirement. Staff replied that there will not be a lot size requirement, but adequate water and septic are
required for the addition.
Ms. Snyder said staff is recommending removing Code that states that a lot within a Historic Townsite is a
legal lot. Staff would like to add language that any lot at least 35 acres in size and not part of a plat approved
by the County.
Staff explained that Oil and Gas Facility is defined in Chapter 21, Article V. Ms. Snyder said that the Oil
and Gas Department is in need of aligning existing definitions so they can prepare to make their Code
changes. She said this will allow the Oil and Gas Department to make Code changes without then requiring
the Planning Department to make those same changes in their Code sections.
Ms. Snyder discussed their proposed Code changes to Article II — Procedures and Permit. If a lot has an
approved and recorded Site Specific Development Plan and the zoning on the lot is changed to a zone
district for which the existing use requires a SPR, the Director of Planning may waive the SPR application
requirement if the existing use of the property is not changing or expanding. Any use allowed by approval
of a SPR may be permitted as a USR when applied for in conjunction with a pending USR permit or minor
amendment to an approved USR.
Staff explained ZPAG and SPR as a USR. The uses allowed by zoning permit or SPR could be included
in USRs. Ms. Snyder explained this will simplify complicated site permitting with one Site Plan per property.
This provision does not include items requiring a WOGLA or a LAP from the Oil and Gas Department.
Staff is recommending some miscellaneous updates in Article III — Zone Districts. They are updating to
match changes in the definition section, adding references to applicable code sections and adding
consistency with listing towers and miscellaneous recreation items where appropriate. Alphabetizing was
fixed in several areas as well.
Ms. Snyder stated that the "4% Rule" limits accessory buildings on lots in subdivisions and townsites. Lot
coverage rules are "bulk requirements" and staff suggests moving lot coverage rules to the Bulk
Requirements section. She said there is a fundamental issue with the 4% Rule. It only applies to accessory
structures and not to principal structures. This encourages evasion as people come up with creative
solutions to attach a barn or other outbuildings to the house to avoid have to apply for a USR. She said the
4% rule is meant to protect space/sunlight issues, and drainage, but it isn't working because it doesn't
pertain to principal dwellings. Staff suggest moving to a 50% maximum building footprint model that will be
more forgiving to owners in subdivisions in most situations but will also help curb the awkward evasion
tactics.
Staff is requesting that Nontransferable Zoning Permits are returned back into Code in Article IV, Zoning
Permits. Temporary or annual zoning permits do not transfer with ownership. Ms. Snyder explained that
extensions for temporary permits have to go before the Board of County Commissioners, and they are
recommending that the Director of Planning has that ability.
Ms. Snyder said that staff has found that 21 days is a sufficient time allotted for surrounding property owner
and referral agency responses on administratively approved zoning permits, so staff is recommending to
change the current notice period from 28 days to 21 days.
Staff referenced the Wind Generator Fall Zone. The size of the blades changes periodically. This creates
a problem with the listed setback rules. Adding the recommended fall zone easement provision similar to
what is used for telecommunication towers will provide a solution. Ms. Snyder said this will allow the
applicant to ask for permission from the adjacent landowners to go into the setback.
Ms. Snyder said staff is proposing that Code allow for the ability of stacked cargo containers, 3 high, in the
Industrial zones only, unless incorporated into a structure, such as a house or used as walls for a barn that
has been stamped by an engineer.
Commissioner Stille asked if the manufactured homes that are on a dairy would be transferrable if the dairy
was purchase from a new buyer. Staff replied if the property has a USR that includes the manufactured
homes, then it would transfer. If the dairy is a use by right and has manufactured homes on it, the property
owner will have to apply for extensions annually. Commissioner Stille asked what happens in the case of
an older trailer that will not meet Code. Staff replied that manufactured homes built prior to 1976, sometimes
referred to as "pre HUD", are no longer allowed in the County. Mr. Parko explained how manufactured
homes that are used for temporary Medical Hardship, are not transferrable.
Commissioner Ford commented that he feels the height of a wind generator should be measured to the tip
of the rotor blades for the fall zone. Mr. Parko explained how applicants decide to increase the size of the
blades. Once they increase the blade, the generator no longer meets setbacks. He explained the applicant
could request a fall zone easement with the property owner. Commissioner Ford said he would be more
worried about the blades coming lose then the tower falling over. He feels the Planning Commission should
consider the safety of the citizens by having fall zones.
Motion: Keep the original language in Section 23-4-450.C. "as measured to the top of the rotor blades".
Moved by Lonnie Ford, Seconded by Dwaine Barclay, Vote: Motion passed (summary: Yes = 6, No =
2, Abstain = 0).
Yes: Dwaine Barclay, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck.
No: Butch White, Elijah Hatch.
Motion: Amend Section 23-4-450.C. to read "All WIND GENERATORS shall be set back from property
lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of
the generator (as measured to the tip of the rotor blades) or within a recorded fall zone easement that is a
distance of at least one (1) times the height of the measured tip of the rotor blades. Moved by Tom Cope,
Seconded by Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
Ms. Snyder said that staff would like Second Single Family Dwelling permits to be in its own category
instead of combined with ZPAG permits. Second Family Dwellings do not require site plan maps and have
very few application requirements in comparison to most ZPAG applications.
Staff reviewed Article V — Overlay Districts. Ms. Snyder said the Historic Townsite section had spelling,
capitalization, and semantic updates only.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
The Chair stated there were no audience members in today's hearing.
Motion: Recommend Amended Adoption of Ordinance 2021-09, Moved by Tom Cope, Seconded by
Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:45 pm.
Respectfully submitted,
Michelle Wall
Secretary
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Troy Mellon, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: ORDINANCE 2021-08
PRESENTED BY: TOM PARKO AND ANGELA SNYDER
REQUEST: IN THE MATTER OF REPEALING AND RENANCTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
be recommended favorably to the Board of County Commissioners.
Motion seconded by .
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
Against Passage Absent
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for 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 May 4, 2021.
Dated the 4th day of May, 2021
1rwzneLte1 _ c , (that,
Michelle Wall
Secretary
CHA'`TE
icons
RTICLE I General Provisins
Sec. 24=1=40. Definitions.
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. -j. -No change
ARTICLE
ur
rfj
I La s i°+, ision
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. — 4. - No change
T --h- --R -r-a-Ph4si-en-s-h ! I be at least one (1) m i-1 u -n:
Renumber subsequent items
Sec. 24-640. Final plan procedure.
A. The Rural Land Division Final Plan application shall be processed according to the following
procedure:
1. -12. -No change
13. Record-ofh,eacei-efC my Co R-14--ssionec d e -
and-s-i-nd-Ras of utio n shrall-be in the i-l�s th e rd and recorded by the .ter o
Renumber subsequent items
TI
LE VII Family Farm Division
Sec. 24-7-40. Procedure.
A Family Farm Division application shall be processed according to the following procedure:
A. -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 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 property owner notification shall be required for the hearing.
1. 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 Family Farm Division application unless it finds
that the applicant has not met one (1) or more of the Overview and Standards per
Sections 24-7-10 and 24-7-20 of the Weld County Code.
2. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution.
e' �f th F m-i- ° a :m D-- ° n is -approved by the B ' Of Go county Cc a amissioners,,
mil.
e- -of th - cd-"of County Co m i ssio-ter ��-deter 4nrati- a -.�-d
Rescluh en--s-,ha!! be kept En -the -fillies of the er to4h e , �, T, d recorded br r k. e
43. If the Family Farm Division is denied by the Board of County Commissioners,
neither the applicant nor their successors or assigns may apply for a new Family
Farm Division for five (5) years, located on any portion of the property contained
in the original application.
H.4. -No change
ARTICLE
Ile Pllc Facility fluid fin
Si4t cE 24-8-40. 0■ Proced re.
A Public Facility Division application shall be processed according to the following procedure:
A. -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, 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 Public Facility Division application unless it
finds that the applicant has not met one (1) or more of the Overview and
Standards per Sections 24-8-10 and 24-8-20 of the Weld County Code.
2. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution.
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If the Public Facility Division is denied by the Board of County Commissioners,
neither the applicant nor their successors or assigns may apply for a new Public
Facility Division for five (5) years, located on any portion of the property
contained in the original application.
H.L.-No change
ARTICLE IX Resubdivision
SL* Ca 24-9-40. Procedure.
A Resubdivision application shall be processed according to the following procedure:
A. -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.
1.Resubdivision is ar�'p�--�c
C the ae
6
r
of ti mrnissioner determination and s•i-gne- Re3solution shall
..:-o th files of the -"` c to tha Beard and -recorded -by _ the Clerk -and
F
21 If the Resubdivision is denied by the Board of County Commissioners, neither the
applicant nor their successors or assigns may apply for a new Resubdivision for
five (5) years, located on any portion of the property contained in the original
application.
32. If the Resubdivision is approved by either the Department of Planning Services
or the Board of County Commissioners, the applicant shall address the
conditions of approval enumerated in the staff report or Resolution. The revised
draft land survey plat shall be submitted to the Department of Planning Services
for review by Planning and Public Works staff.
K.N.-No change.
LE X Lot LineAdjustment
Sec. 24-1 0®200 St,<<ndardso
A. The Lot Line Adjustment is subject to the following criteria:
1. —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. The Lot 9 a tidjstmen
procs —des not create add son : ots a -n€ sh li-Rot-wed to e adb the County
reregulation&
Remainder of Section - No change
Sec. 24-10-40. Procedure.
A Lot Line Adjustment application shall be processed according to the following procedure:
A. -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. 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 Lot Line Adjustment application unless it finds
that the applicant has not met one (1) or more of the Overview and Standards per
Sections 24-10-10 and 24-10-20 of the Weld County Code.
2 Prior to the hearing, the Clerk to the Board shall draft a Board Resolution.
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43. If the Lot Line Adjustment is denied by the Board of County Commissioners,
neither the applicant nor their successors or assigns may apply for a new Lot
Line Adjustment for five (5) years, located on any portion of the property
contained in the original application.
H. -L. -No change
ARTICLE Xl Obsolete Land Divisions
Sec. 24-11-20. Amended recorded exemption standards.
A. The Amended Recorded Exemption is subject to the following criteria.
1. - 3. - No change
4. The largest lot of any two -Lot Amend 4 Recorded Exemption created after August 3, 2010,
shall not be less than thirty-five (35) acres net. This provision does not apply if the lots are is
already less than thirty-five (35) acres net prior to the amendment.
5. -T a e t-ta-e --
ts
than -one h u nd r- w 4
Renumber subsequent items
f ou
r-r-lat-Amended R o - tee ' n-sh -9-nct b- - sis
(120) acres.
Repeal and Reenact Sec. 24-11-50 as follows:
Sec. 24-116950. 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
10 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 (1 0) 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.
O. 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.
AM -VOLE X
Reso n of Me all Lard DMslions
Sec. 24-1240 Procedure.
A. The Resolution of Illegal Land Division application shall be processed according to the following
procedure:
1. -5. -No change
6. At the public hearing, the Board if County Commissioners shall cnsider the Resolution of
Illegal Land Division application and take final action thereon. he 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.
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If th- Resolution of Illegal Land Division is denied by the Board of County
Cmmissioners, the applicant may seek remedy through a court action.
If the Resolution of Illegal Land Division is conditionally approved by the Board of
County Commissioners, the applicant shall address the conditions of approval
enumerated in the Resolution. The revised draft land survey plat shall be
submitted to the Department of Planning Services for review by Planning and
Public Works staff.
7. -10. -No change
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Cheryl:
Bruce Barker
Thursday, April 22, 2021 4:17 PM
Cheryl Hoffman
Esther Gesick; Tom Parko Jr.
Subdivision Definition
Changes to 24-1-40 Subdivision Definition.docx
Please include the attached with Code Ord. 2020-08. Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
1
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. 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. Which creates parcels of land, such that the land area of each of the parcels, when divided
by the number of interests in any such parcel, results in thirty-five (35) or more acres per
interest;
b. Which could be created by any court in the State pursuant to the law of eminent domain,
by operation of law or by order of any court in this State if the Board of County
Commissioners is given timely notice of any such pending action by the court and given
opportunity to join as a party in interest in such proceeding for the purpose of raising the
issue of evasion prior to entry of the court order; and, if the Board of County
Commissioners does not file an appropriate pleading within twenty (20) days after receipt
of such notice by the court, then such action may proceed before the court;
c. Which is created by a lien, mortgage, deed of trust or any other security instruments;
d. Which is created by a security or unit of interest in any investment trust regulated under
the laws of the State or any other interest in an investment entity;
e. Which creates cemetery lots;
f. Which creates an interest in oil, gas, minerals or water which is severed from the surface
ownership of real property;
g.
Which is created by the acquisition of an interest in land in the name of a husband and
wife or other persons in joint tenancy or as tenants in common, and any such interest
shall be deemed as only one (1) interest;
h. Which is created by the combination of contiguous parcels of land into one (1) larger
parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one (1)
interest in said land shall be allowed. If the resulting parcel is greater than thirty-five (35)
acres in land area, such land area, divided by the number of interests in the resulting
parcel, must result in thirty-five (35) or more acres per interest. Easements and rights -of -
way shall not be considered interests;
i. Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide, pursuant to this Chapter and any applicable
County regulations, the land which the purchaser is to acquire pursuant to the contract;
and
j. Which is created by agreement to resolve uncertainty, doubt or conflict regarding a
common boundary. A boundary may be determined and permanently established by
written agreement of all parties affected. The agreement must be signed and
acknowledged by each property owner as required for conveyance of real estate. The
agreement must be accompanied by a plat showing the resolution of the boundary in
question. The plat and agreement shall be recorded as an instrument affecting real estate,
and shall be binding upon heirs, successors and assigns.
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.
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