HomeMy WebLinkAbout20182509.tiffairte4) ee
•
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Jim Flesher
Tuesday, September 11, 2018 8:57 AM
Cheryl Hoffman
Esther Gesick
FW: ResOrdinance 2018-03 Historic Townsites Definition 2nd Reading Amendments by
BOCC 8-29-18
ResOrdinance 2018-03 Historic Townsites Definition 2nd Reading Amendments by
BOCC 8-29-18.docx
Cheryl, the BOCC had requested a change to this ordinance for 2nd reading (Monday) shown on the
attached. Please let me know if you have any questions.
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
From: Jim Flesher
Sent: Wednesday, August 29, 2018 9:30 AM
To: Michelle Martin (mmartin@weldgov.com) <mmartin@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>
Subject: ResOrdinance 2018-03 Historic Townsites Definition 2nd Reading Amendments by BOCC 8-29-18
Michelle, here are the revised definitions. Saved in M:\PLANNING\Code changes\2018\Historic
Townsites. Let me know :f you want me to send this to Cheryl.
Jim
O,6/i
1
HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by
recording a plat or map which shows the boundaries of such lots, tracts, or parcels and
the original parcel from which they were created, recorded prior to September 20, 1961;
including, but not limited to, Aristocrat Ranchettes, Inc. Subdivision, Barnesville, Braddy
,
- - ,
7
-- ,
Fort St. Vrain, Evanston (Evans Addition), Fosston, Galeton (Zits), Gearhart, Gill,
Lucerne, Keene, Keota, Kuner, Lawrence Subdivision, Lucerne (North Greeley),
. • : = - - _ .:: : - , - _ : - - . _ .. , _ - , ! - : - -subdivision, Peaceful Acres
Subdivision Peace Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen,
-•_ • --:- :, . -: :. •: : - HISTORIC TOWNSITE includes all property
within such plat or map, whether or not amended or resubdivided by subsequent plat or
map, except for any property removed from said plat or map with approval by the Board
of County Commissioners.
Historic Townsite: A group of lots, tracts, or parcels of land created by recording a
plat or map which shows the boundaries of such lots, tracts, or parcels and the original
parcel from which they were created, recorded prior to September 20, 1961, including,
but not limited to, Aristocrat Ranchettes, Inc. Subdivision, Barnesville, Braddy
Subdivision Briggsdale, , , -Carlson-EC-acts, Chatoga, Cornish,
Dearfield, Dover, East Eaton (E
Fort St. Vrain, Evanston (Evans Addition), Fosston, Galeton (Zita)- Gearhart, Gild
7
J
7
Lundgren-- Masters, Olinger Subdivision, Peaceful Acres
Subdivision Peace Cemetery, Poudre City, Prospect Valley, Purcell, P -ratan, -Roggen,
St.
Louis
Western- Colony,
Sligo-,
St
i
son,
Valley
View
. Historic townsite includes all property within
such plat or map, whether or not amended or resubdivided by subsequent plat or map,
except for any property removed from said plat or map with approval by the Board of
County Commissioners.
1
1
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: MICHELLE MARTIN, PLANNING MANAGER
DATE: AUGUST 27, 2018
RE: ORDINANCE 2018-03 (HISTORIC
TOWNSITES), 2ND READING
Upon further research, staff recommends revising the definition of "historic townsite" in the
attached ordinance as shown. No recorded maps or plats for Carlson, East Greeley, or Masters
could be located.
Fort Saint Vrain, Hillsboro, and Keene were vacated, so those are recommended for removal from
the list in the definition.
Some of the townsites listed were platted under different names. Staff recommends adding these
in parentheses: East Eaton (East Side Addition), Galeton (Zita), Lucerne (North Greeley),
Other unincorporated plats recorded prior to September 20, 1961, that were found while
conducting more research include Aristocrat Ranchettes. Inc. Subdivision. Braddy Subdivision.
Espanola Subdivision. Evanston (Evans Addition), Hunt and Claytons Subdivision. Lawrence
Subdivision. Lundgren Subdivision, New Stoneham, St. Louis Western Colony, Thompson Valley
Subdivision. and Valley View Subdivision.
Lastly. staff recommends revising "Peace Cemetery" to 'Peaceful Acres Subdivision." No plat of
a Peace Cemetery subdivision or townsite was found. Peaceful Acres Subdivision was recorded
in 1955.
HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by
recording a plat or map which shows the boundaries of such lots, tracts, or parcels and
the original parcel from which they were created, recorded prior to September 20, 1961,
including, but not limited to, Aristocrat Ranchettes, Inc. Subdivision, Barnesville, Braddy
S ubdivision, Briggsdale, Buckingham, Camfield, Carlson, Carr, Chatoga, Cornish,
Dearfield, Dover, East Eaton (East Side Addition), Espanola Subdivision, East Greeley,
Fort St. Vrain, Evanston (Evans Addition), Fosston, Galeton (Zita), Gearhart, Gill,
Gowanda, Green City, Hardin, Hereford, Hunt and Claytons Subdivision, Hillsboro,
Lucerne, Keene, Keota, Kuner, Lawrence Subdivision, Lucerne (North Greeley),
Lundgren Subdivision, New Stoneham, Masters, Olinger Subdivision. Peaceful Acres
S ubdivision Peace Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen,
St. Louis Western Colony, Sligo, Stoneham, Thompson Valley Subdivision, Valley View,
Vollmar, Wattenberg, and Youngstown. HISTORIC TOWNSITE includes all property
within such plat or map, whether or not amended or resubdivided by subsequent plat or
map, except for any property removed from said plat or map with approval by the Board
of County Commissioners.
Historic Townsite: A group of lots, tracts, or parcels of land created by recording a
plat or map which shows the boundaries of such lots, tracts, or parcels and the original
parcel from which they were created, recorded prior to September 20, 1961, including,
but not limited to, Aristocrat Ranchettes, Inc. Subdivision, Barnesville, Braddy
Briggsdale, Buckingham, Camfield, Carlson, Carr, Chatoga, Cornish,
Dearfield, Dover, East Eaton (East Side Addition), Espanola Subdivision, East Greeley,
Evanston (Evans Addition), Fosston, Galeton (Zita), Gearhart, Gill,
Gowanda, Green City, Hardin, Hereford, Hunt and Claytons Subdivision, Hillsboro,
Lucerne, Keene, Keota, Kuner, Lawrence Subdivision, Lucerne (North Greeley),
Lundgren Subdivision, New Stoneham, Masters, Olinger Subdivision, Peaceful Acres
S ubdivision Peace Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen,
St. Louis Western Colony, Sligo, Stoneham, Thompson Valley Subdivision, Valley View,
Vollmar, Wattenberg, and Youngstown. Historic townsite includes all property within
such plat or map, whether or not amended or resubdivided by subsequent plat or map,
except for any property removed from said plat or map with approval by the Board of
County Commissioners.
S ubdivision,
Fort St: Vrai n ,
1
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER
PRESENTED BY
REQUEST
ORDINANCE 2018-03
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 2 ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23
ZONING, CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), OF THE
WELD COUNTY CODE
be recommended favorably to the Board of County Commissioners
Motion seconded by Tom Cope
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
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 Commissioner's for further proceedings
Bruce Sparrow
Jordan Jemiola
Gene Stifle
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 July 17, 2018
Dated the 17th day of July, 2018
anti- a„zte,,
Kristine Ranslem
Secretary
2018-2509
1
Red — Additions to Current Code
Strikeout Repeal from Current Code
CHAPTER 2 - Administration
ARTICLE XIII - Weld County Addressing System
Sec. 2-13-40. - Issuance of addresses.
Addresses shall only be issued for locations within the unincorporated areas of the
County where structures are being constructed or power poles erected and which
necessitate the issuance of building or electrical permits by the Department of Building
Inspection, or the issuance of a Weld County Oil and Gas Location Assessment (WOGLA)
by the Department of Planning Services. Addresses shall also be issued to all lots in
subdivisions, minor subdivisions and Recorded Exemptions within thirty (30) days of
being recorded in the offices of the Weld County Clerk and Recorder. All issued
addresses shall be transmitted forthwith to the GIS Department for inclusion into the Weld
County Address Database. To be issued an address, the location must be a legal lot
(defined in Section 23-1-90 of this Code) served by an approved access. as such term is
defined in Section 2-13-50 of this Article. Only one (1) address will be issued per legal lot,
except where more than one (1) address is justified, as determined by the Department of
Planning Services.
Sec. 2-13-70. - Rules for issuance of addresses in County.
(A. through F., and H. remain the same.)
G. Addresses issued to legal lots located within unincorporated platted townships
historic townsites (defined in Section 23-1-90 of this Code) may shall be
determined by reference to the platted road name calculated either by the method
described in Subsection F above, or by numbering unique to the townships. When
an address is issued for a non -County -maintained road within an historic townsite,
the person requesting the address shall be required to pay for the installation of a
blue street sign, if none exists. All addresses issued shall be consistent with
established addresses within the townships each historic townsite.
CHAPTER 8 - Public Works
ARTICLE VI - Miscellaneous Provisions
Sec. 8-6-40. - Road maintenance policy (Repealed and re-enacted in Sec. 8-6-150).
2
under the following conditions:
A. All roads within subdivisions shall comply with the construction standards
established within the subdivision regulations in effect upon the date of
consideration for acceptance.
B. Property owners may utilize any legal means of funding the necessary
improvements.
Sec. 8-6-60. - Sign policy.
A. The County sign shop shall produce signs only for roads maintained by the County,
including County -maintained roads in subdivisions, unincorporated areas and
unincorporated towns historic townsites, or where the signs are produced
pursuant to a separate intergovernmental agreement with a governmental agency;
and for non -County -maintained roads upon request and payment of the cost of the
signs by the persons making such requests.
(B. remains the same.)
Sec. 8-6-150. - Road acceptance -maintenance policy for public roads.
The County does not maintain private roads, lanes or driveways. The sponsor of the
roadway project Persons desiring to obtain County maintenance of public roads shall first
address such request to the Board of County Commissioners for its consideration at one
(1) of its regularly -scheduled business meetings. The sponsor person making the request
shall be responsible to pay the entire cost of notification to owners and/or occupants of
lands lying adjacent to the roadway. Such notification shall include a description of the
request and shall set forth the time and place of the Board consideration. County
maintenance of public roads may occur only if authorized by resolution of the Board of
County Commissioners. Before a public road can may be accepted authorized by the
Board of County Commissioners for maintenance, the road must meet the following
minimum conditions:
(A., B., D., and F. 1-4. remain the same.)
C. The width of the right-of-way shall cannot be less than sixty (60) feet.
E. The minimum road width shall be a minimum of twenty-six (26) feet of graveled
surface or meet the minimum design guidelines for the anticipated traffic on the
roadway segment being considered.
3
G . . A minimum of four (4) inches of compacted gravel meeting Colorado
Department of Transportation specifications for Class VI material must be provided
on the traveled surface. The gravel shall be compacted in accordance with
AASHTO Standard Proctor T-99 (Method D) requirements.
HG. The road cannot be fenced or gated. There shall be no fences or other
obstructions within the right-of-way. If cattle have cross -access to the roadway, a
cattle guard shall be installed in accordance with the County cattle guard policy.
T . If a fence exists along the section line on which the road is to be built. relocation
of the fence to the road right-of-way lines shall be the responsibility of the
sponsor(s) of the roadway project.
41. Reimbursement by the persons requesting authorization of County maintenance
of public roads sponsor(s) of the roadway project shall be made for acreage within
the road right-of-way included in an adjacent property Conservation Reserve
Program (CRP) crop or which has an unharvested annual crop demolished by the
roadway construction project.
•t The sponsor(s) of the roadway project persons requesting authorization of County
maintenance of public roads shall be responsible for all costs associated with
construction of the roads and may utilize various means of funding necessary
improvements, including, without limitation, local improvement districts approved
by the Board of County Commissioners.
Sec. 8-6-155 — Road maintenance policy for private roads, lanes or driveways.
Weld County does not maintain private roads, lanes or driveways.
CHAPTER 23 - Zoning
ARTICLE I - General Provisions
Sec. 23-1-90. - Definitions.
For the purposes of this Chapter. certain terms or words used herein shall be
interpreted as defined in this Section. The following specific words and phrases. when
appearing in this Chapter in uppercase letters, shall have the meanings stated in this
Section:
HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by
recording a plat or map which shows the boundaries of such lots, tracts, or parcels and
the original parcel from which they were created, recorded prior to September 20, 1961,
including, but not limited to, Barnesville, Briggsdale, Buckingham, Camfield, Carlson,
Carr, Chatoga, Cornish, Dearfield, Dover, East Eaton, East Greeley, Fort St. Vrain,
Fosston, Galeton, Gearhart, Gill, Gowanda, Green City, Hardin, Hereford, Hillsboro,
Lucerne, Keene, Keota, Kuner, Lucerne, Masters, Olinger Subdivision, Peace
Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen, Sligo, Stoneham,
4
Vollmar, Wattenberg, and Youngstown. HISTORIC TOWNSITE includes all property
within such plat or map, whether or not amended or resubdivided by subsequent plat or
map, except for any property removed from said plat or map with approval by the Board
of County Commissioners.
PUBLIC WATER AND PUBLIC SEWER: Transmission, storage, treatment, collection
or distribution facilities which are constructed, operated or maintained by any group,
organization, special district or municipality for the purpose of providing the members of
the group, organization, special district or municipality with common water and sewer
service facilities, in which sewage is carried from individual LOTS by a system of pipes to
a SEWAGE TREATMENT PLANT.
PUBLIC WATER: A central water supply system provided through a
municipality, water district, water company or association for supplying water for
household uses which is designed to meet the minimum requirements of the Safe
Drinking Water Act (SDWA), 42 U.S.C. §300f. PUBLIC WATER includes a central
water supply system providing water from one or more wells to all lots in a residential
development through a single connected system of pipes and facilities, and which
meets the requirements of Sec. 24-7-80.B.
ARTICLE V - Overlay Districts
Division 5 - Historic Townsites Overlay District
Sec. 23-5-400. - Findings of fact.
There are unincorporated areas of the COUNTY which were partitioned by
subdivision plat recorded prior to the adoption of the Subdivision Regulations Resolution
by the Board of County Commissioners on September 20, 1961. It is recognized that in
such platted areas it is desirable to provide procedures for orderly development which
balance the property owner's interest in developing property within the subdivision plat
with the public's interest in attaining the purposes set forth in Section 24-1-30 of this
Code.
Sec. 23-5-410. - Purpose.
The purpose and intent of the HISTORIC TOWNSITE Overlay District regulations shall
be to:
A. Provide procedures to allow for DEVELOPMENT of property within an HISTORIC
TOWNSITE consistent with the purposes set forth in Section 24-1-30 of this
Code.
B. Assure proper location and operation of compatible land uses by maintaining
land use regulations within HISTORIC TOWNSITES.
5
C. Maintain the rural character of HISTORIC TOWNSITES.
D. Encourage infill of existing vacant platted LOTS within HISTORIC TOWNSITES.
Sec. 23-5-420. — Uses permitted.
All USES permitted within the underlying zone district shall be permitted within
HISTORIC TOWNSITES, subject to the requirements of this Division 5.
Sec. 23-5-430, — Requirements.
A. Building permits. The COUNTY will not issue a building permit for any
STRUCTURE located within an HISTORIC TOWNSITE that enters the
SETBACK or OFFSET established for the underlying zone district, or extends
over LOT lines. A building permit application within an HISTORIC TOWNSITE
shall require submission of a plot plan. No building permit shall be final, nor shall
any certificate of occupancy be provided until an Improvements Location
Certificate (ILC) is submitted. COUNTY staff shall verify that all STRUCTURES
were constructed in substantial compliance with the plot plan. To obtain a
building permit for a DWELLING UNIT in an HISTORIC TOWNSITE, the
applicant must show the following:
1. The water supply is adequate in terms of quality, quantity and dependability.
Wells on individual LOTS are permitted with well permits issued by the
Colorado Division of Water Resources, when PUBLIC WATER is not
reasonably available to the property.
2. Adequate sewer or septic service is available to serve the uses permitted.
The sewer service shall comply with the requirements of the applicable zone
district and the Weld County Department of Public Health and Environment
(WCDPHE).
3. Access is or can be made available that provides for safe ingress and egress
to a public road. All accesses shall be constructed in accordance with the
requirements set forth in Chapter 12, Article V of this Code.
4. Construction of all internal roads of the HISTORIC TOWNSITE may only
occur pursuant to a Right -of -Way Use Permit issued by the Department of
Public Works in accordance with Chapter 12, Article IV of this Code, to
ensure positive drainage and to avoid conflicts regarding location of utilities.
5. The LOT is at least two and one half (2'/2) acres in size with an individual well
and septic system, or between two and one half (2 1/2) acres and one (1) acre
in size with public water supply and septic system; except a building permit
for a LOT within an HISTORIC TOWNSITE which is smaller than two and one
half (2'/z) acres in size on an individual well and septic system may be
6
approved by the COUNTY upon a review and determination by the WCDPHE
that the LOT is capable of adequately accommodating the individual well. For
the review by the WCDPHE, the applicant must provide:
a. A soils evaluation noting soils type in concurrence with the On -site
Wastewater Treatment System (OWTS) regulations set forth in Chapter
30 of this Code;
b. A plot plan/site plan noting proposed well locations (both onsite and on
adjacent properties);
c. Proposed septic system locations and any other applicable setbacks, such
as property lines, irrigation ditches, water bodies, water lines, easements
and right-of-way, dwellings, cut banks, dry gulches. and intermittent water
bodies;
d. A master site plan of the HISTORIC TOWNSITE showing locations of
wells and septic systems on all properties within the HISTORIC
TOWNSITE; and
e. If requested by the WCDPHE, a septic envelope and/or well envelope.
6. As a condition of approval of a building permit within an HISTORIC
TOWNSITE, the applicant shall be required to obtain an approved Road
Access Permit, pursuant to the provisions set forth in Chapter 12, Article V of
this Code. Application for a Road Access Permit to a resubdivided LOT
within an HISTORIC TOWNSITE shall include acknowledgement by the
applicant that:
a. The platted STREET or road of the HISTORIC TOWNSITE from which
access is sought will not be maintained by the COUNTY unless it is
brought up to the standards and authorized for maintenance as set forth in
Section 8-6-150 of this Code.
b. Access from the HISTORIC TOWNSITE onto a State Highway requires
the issuance of an access permit by the Colorado Department of
Transportation, which may also require the applicant to obtain a traffic
study.
B. Resubdivision.
1. Resubdivision within an HISTORIC TOWNSITE may be necessary to
combine LOTS, change interior LOT lines, incorporate vacate rights -of -way
into LOTS, remove property from an HISTORIC TOWNSITE, vacate rights -of -
way, or create additional LOTS, subject to the requirements of Chapter 24,
Article V of this Code and this Division 5.
2. In addition to the requirements and procedures for resubdivision provided in
Chapter 24, Article V of this Code, the following statement shall be included
as a note on the resubdivision plat of property located within an HISTORIC
TOWNSITE:
Historic Townsites are an important part of Weld County's history, culture,
and economy. These subdivisions were created in the late 19th and early
20th centuries. Persons moving into historic townsites must recognize and
accept there are potential drawbacks in historic townsites that may not be
present in modern subdivisions, including concerns related to stormwater
drainage, water supply limitations, setbacks between wells and septic
systems, road access, and road maintenance. Weld County does not
maintain internal roads within historic townsites unless expressly authorized
by resolution of the Board of County Commissioners.
C. NONCONFORMING STRUCTURES. To the extent that it does not meet the
requirements of this Division 5, any STRUCTURE for which the COUNTY has
issued a final building permit or certificate of occupancy, located on any LOT or
group of LOTS deeded together within an HISTORIC TOWNSITE, shall be
considered a NONCONFORMING STRUCTURE. Without resubdividing, the
owner of a NONCONFORMING STRUCTURE within an HISTORIC TOWNSITE
may receive building permits for the following, as long as such work does not
extend into the SETBACK or OFFSET and does not cross LOT lines:
1. Repairs, restorations or additions to such STRUCTURE, as long as such
repairs, restorations or additions comply with the requirements of Section 23-
7-40 of this Code, or
2. Construction of ACCESSORY BUILDINGS that comply with the
ASSESSORY USE requirements of the underlying zone district.
Alternatively, the property owner may apply for resubdivision of the property in
accordance with Chapter 24, Article V of this Code, and then may apply for
building permits.
Sec. 23-5-450. — Establishment of Overlay District.
There is hereby established in the COUNTY an HISTORIC TOWNSITES OVERLAY
DISTRICT. The HISTORIC TOWNSITES OVERLAY DISTRICT includes all land which
is located within an HISTORIC TOWNSITE.
CHAPTER 24 - Subdivisions
ARTICLE I - General Provisions
8
Sec. 24-1-40. - Definitions.
For the purposes of this Chapter. the following words and phrases shall have the
meanings stated in this Section:
Historic Townsite: A group of lots, tracts, or parcels of land created by recording a
plat or map which shows the boundaries of such lots, tracts, or parcels and the original
parcel from which they were created, recorded prior to September 20, 1961, including,
but not limited to, Barnesville, Briggsdale, Buckingham, Camfield, Carlson, Carr,
Chatoga, Cornish, Dearfield, Dover, East Eaton, East Greeley, Fort St. Vrain, Fosston,
Galeton, Gearhart, Gill, Gowanda, Green City, Hardin, Hereford, Hillsboro, Lucerne,
Keene, Keota, Kuner, Lucerne, Masters, Olinger Subdivision, Peace Cemetery, Poudre
City, Prospect Valley, Purcell, Puritan, Roggen, Sligo, Stoneham, Vollmar, Wattenberg,
and Youngstown. Historic townsite includes all property within such plat or map,
whether or not amended or resubdivided by subsequent plat or map, except for any
property removed from said plat or map with approval by the Board of County
Commissioners.
Obsolete subdivision: Any approved of recorded subdivision plat, map, plan or
adoption of any regulations
controlling subdivisions and/or lacking survey information of sufficient detail to determine
Public water and publicPublic sewer. Transmission, storage, treatment, collection or
distribution facilities which are constructed, operated or maintained by any group,
organization, special district or municipality for the purpose of providing the members of
the group, organization, special district or municipality with common water and sewer
service facilities, in which sewage is carried from individual lots by a system of pipes to a
sewage treatment plant.
Public water A central water supply system provided through a municipality,
water district, water company or association for supplying water for household uses
which is designed to meet the minimum requirements of the Safe Drinking Water Act
(SDWA), 42 U.S.C. §300f. Public water includes a central water supply system
providing water from one or more wells to all lots in a residential development through a
single connected system of pipes and facilities, and which meets the requirements of
Sec. 24-7-80.B.
ARTICLE V - Resubdivision
Sec. 24-5-10. - Purpose.
9
The resubdivision process is used to propose changes to an approved or
recorded subdivision plat, map, plan of a major or minor subdivision or historic townsite
to add lots, change lot lines, vacate all or parts of the subdivision plat, vacate areas
reserved for public use, or vacate utility and/or drainage easements unincorporated
oiling subdivisions. The
e (3) procedures for proposing changes to lots, lot
resubdivision for vacation of right of way is described in Section 24 5 20. The
resubdivision process for changes to lot lines only is described in Section 24 5 30. The
• • ition of new lots ation of all
or a portion of a subdivision is described in Section 24 5 40.
Sec. 24-5-15. - Resubdivision process and time parameters (Repealed).
shall submit a Mylar plat, along with all other documentation required as conditions of
the County Clerk and Recorder
by the Department of Planning Servi-ces. The plat shall be prepared in accordance with
this Code. The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date of th
be responsible for paying the recording fee. If a resubdivision plat has not been recorded
within sixty (60) days from the date of the Board of County Commissioners resolution. or
within a date specified by the Board of County Commissioners, the Board may require
resu odivision has not been aba s tie willingness
and ability to record the resubdivision plat. The Board of County Commissioners may
extend the date for recording the plat. If the Board determines that conditions supporting
hearing, revoke the resubdivision.
Sec. 24-5-20. - Resubdivision for vacation of right-of-way (Repealed).
The resubdivision for vacation of right of way permits the vacation of certain roads,
a a A a as a• a •• a a• a a aaa • a•• a s a
configu-rations or ownership patterns or wh-i-ch cannot comply with Subsections A through
C below shall be required to use the resubd-ivision procedure described in Section 24 5
4� a s a i • a a a s a• a a• a a• a • a s a s • a • a a a• • a
conditions apply:
A. There i-s rig -ht or way show o on an approved ptat of ma -p that has not been usec
for its intended purpose for the last twenty one (21) years or since the recording
of the approved plat.
10
B Seventy percent (70%) of the landowners adjacent to the proposed right of way
vacation waive any objection to the vacation by signing a petition
C The vacation shall only be permitted when it is compatible with the surrounding
area and uses, is consistent with efficient and orderly development, is consistent
with Chapter 22 of this Code and does not deprive any parcel of adequate asses,
to a public road or street right of way
D The vacation of any right of way may require the reservation of an easement for
public utility or drainage purposes in order to meet the easement requirements of
Section 24 7 60
E The following information shall be submitted as part of the resubdivision for
vacation of right of way application -
1 An application form provided by the Department of Planning Services
2 A certified list of the names, addresses and the corresponding parcel
identification numbers assigned by the County Assessor to the owners of
property adjacent to the road, street or alley considered for vacation The list
shall be compiled from the records of the County Assessor, title company or an
attorney The applicant shall certify the list was assembled within thirty (30)
days of the application submission date
3 A petition signed by seventy percent (70%) of the property owners adjacent to
the property under consideration
4 A written explanation of the application and reason for proposing the right of
way vacation
5 A written statement explaining all lots and parcels adjacent to the proposed
right of way vacation meet the utility easement standards of Section 24 7 60 of
this Chapter
6 Resubdivision for vacation of right of way map requirements
a The dimensions of the resubdivision for the vacation of right of way map
shall be twenty four (24) inches by thirty six (36) inches
b Unless otherwise approved by Department of Planning Service staff, the
resubdivision map shall be drawn at a scale of one (1) inch equals one
hundred (100) feet, or one (1) inch equals two hundred (200) feet The
sketch shall include the proposed right of way vacation, the resulting lot
configuration, the location and measurements of all utility easements and
11
drainage features. A poorly drawn or illegible sketch is sufficient cause for
its rejection.
ete resubdivision application. the Department of Planning
Services will schedule the request before the Board of County Commissioners
within sixty (60) days. In the event a utility easement is affected, the
Department of Planning Services shall schedule the request on the first
available Utilities Coordinating Advisory Committee meeting before presenting
the request to the Board of County Commissioners.
Services shall give no
listed in the applic
uncer consicera-ion. n-o.fce sla be mai ec =ors. c ass. no: ess .ion .en
(10) days before the scheduled meeting.
3. A recommendation for th-e appfi-cation shall be prepared by the Department of
application, including its conformance to Subsections A through D above.
/1. The Board of County Commi-ssioners shall hold a public hearing to consider all
ID above. and the recommendation from the Department of Planning Services.
Board. If the Board of County Commissioners approves the request. the
County Clerk and Recorder.
G- Nothing in this Section restricts the right of the Board of County Commissioners to
Sec. 24-5-30. - Resubdivision application process and submittal requirements for
changes to lot lines.
A. An applicant shall submit a complete resubdivision application and application fee
to the Planner. The following information shall be submitted as part of a
resubdivision application:
1. The resubdivision application must be on a form provided by the Planner. The
application must be signed by all persons on the deed, an authorized agent
with a letter from the property owner(s) granting authorization, or if the property
12
is owned by a corporation - documentation indicating that the person signing is
authorized (officer of the corporation) to sign the application.
2. A copy of a title commitment issued by a title insurance company or a title
o pinion by an attorney licensed to practice in the State. The commitment or
o pinion shall set forth the names of all owners of property. The commitment or
o pinion shall include a list of all mortgages, judgments, liens, easements,
contracts and agreements of record in the County affecting the property
described in the application. If the attorney's opinion or title commitment
discloses additional holders or owners of such mortgages, judgments, liens,
easements, contracts or agreements, not party to the application, the Board
may require them to join in and approve it. The title commitment or opinion shall
be completed within thirty (30) days prior to the application submission date.
3. A description of the resubdivision request. The description must explain how
the resubdivision complies with the approved subdivision plat and with the
adopted rules, regulations and ordinances currently in force and affecting the
plat.
4. A copy of the recorded subdivision plat.
5. A summary of any concerns identified during the resubdivision application
conference with the Department of Planning Services, including an explanation
of how the concerns will be addressed or resolved.
6. Copies of any covenants, grants of easement and restrictions imposed upon
any land, buildings and structures within the resubdivision.
7. A copy of a Colorado Department of Transportation Access Permit if a road or
street within the subdivision plat intersects with a state highway.
8. A copy of the deed or legal instrument identifying the applicant's interest in the
property.
9. Proof of water on site: Submit a letter from the water district or municipality, a
water bill, or a copy of the well permit(s) indicating existing service or availability
of water service to each proposed lot. If using a well, complete the Water
S upply Information Summary form supplied by the Department of Planning
S ervices.
10. Proof of sewage disposal: Submit a copy the septic system permit(s) on each
lot, a statement that septic will be provided for vacant lots only, or a letter from
the sanitary sewer district indicating existing service or availability of sewage
disposal to each lot.
11.A Certificate of Conveyances, including the cover letter and all attachments
(deeds). The Certificate of Conveyances be completed within thirty (30) days
of the application submission date.
12.A statement describing any proposed drainage, access and/or utility
easements on the plat as part of the resubdivision.
13.A drainage narrative which must describe, at a minimum:
• Where water flowing onto the resubdivision lot(s) originates;
• Where water flowing onto the resubdivision lot(s) flows as it leaves the
property;
• Direction of water flow across the resubdivision lot(s); and
• If there have been previous drainage problems on the property.
Adequate drainage within the historic townsite is necessary to preserve and
promote the health, safety, and general welfare of its inhabitants, and to reduce
or eliminate impacts to maintained county roads and other county
infrastructure. Drainage coming from new development in historic townsites
must not adversely impact adjacent properties. Depending upon what the
drainage narrative shows, a drainage report prepared in compliance with the
requirements of Sections 24-7-120 and 24-7-130 of this Chapter may be
required.
14. A certificate from the County Treasurer showing no delinquent taxes for the
resubdivision area.
15. Resubdivision plat:
a. The plat shall show only the property under consideration for the
resubdivision.
b. The plat shall be delineated in nonfading permanent black ink on a
dimensionally stable polyester sheet, such as Cronar, Mylar or other
product of equal quality, three (3) millimeters or greater in thickness. The
size of each sheet shall be twenty-four (24) inches in height by thirty-six (36)
inches in width. No final plat submitted shall contain any form of stick -on
type material such as, but not limited to, "sticky -back" or adhesive film, Kroy
lettering or tape. The drawing shall be at a scale of one (1) inch equals one -
hundred (100) feet.
c. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink
drawing, three (3) millimeters or greater in thickness, may be submitted.
d. The plat shall meet the following criteria: bear original signatures and seals;
be made from a dimensionally stable polyester sheet such as Cronar or
Mylar or other product of equal quality; be at least three (3) millimeters in
14
thickness and all components, including signatures, shall be made with
nonfading permanent black ink.
e. The plat shall bear original signatures and seals. The drawing shall be at a
scale of one (1) inch equals one hundred (100) feet.
f. If a resubdivision requires more than two (2) sheets, a map showing the
relationship of the individual sheets shall be required.
g.
A survey is required for all resubdivisions. All work shall comply with the
requirements of C.R.S. §§ 38-50-101, 38-51-101, 38-51-102, 38-53-103
and 38-53-104. The external boundaries of the property being resubdivided
shall be monumented in accordance with C.R.S. § 38-51-105.
h. All work shall comply with the requirements of the "Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and "Rules of Professional Conduct of the
State Board of Registration for Professional Engineers and Professional
Land Surveyors - Board Policy Statements."
i. The resubdivision plat shall be referenced to at least two (2) public land
survey monuments of record in accordance with Section 38-53-102(7),
C.R.S.
The surveyor making a plat shall certify on the plat that it conforms with all
applicable rules, regulations and laws of the State of Colorado, State Board
of Registration for Professional Engineers and Professional Land
Surveyors, and the County.
k. The surveyor shall affix his or her name, seal and date of certification as
prescribed in the "Bylaws and Rules of Procedure of the State Board of
Registration for Professional Engineers and Professional Land Surveyors."
I. The basis of bearings, north arrow subdivision or historic townsite name,
date, total acreage, total number of lots, name and address of the owners
of record, legal description, stated scale and graphic scale.
m. The bearings, distances and curve data of all perimeter boundary lines shall
be indicated outside the boundary line, not inside, with the lot dimensions.
When the plat is bounded by an irregular shore line or a body of water, the
bearings and distances of a closing meander traverse shall be given and a
notation made that the plat includes all land to the water's edge or
otherwise.
Resubdivision lots be numbered consecutively and in sequence with the lot
numbers on the subdivision plat being resubdivided. Bearings and lengths
15
shall be given for all lot lines, except for interior lot lines where the bearings
and lengths are the same as both end lot lines. All dimensions of irregularly
shaped lots shall be indicated. All lot lines intersecting a curve shall state if
they are radial or non -radial lines. Lengths shall be shown to hundredths of
a foot and angular dimensions and bearings to seconds of arc.
o. The area of each lot shall be shown in acres.
p. Curved boundaries and all curves on the final plat shall include the radius
of curve, central angle, chord distance and bearing.
q.
Any parcel that is excepted from the resubdivision shall be marked, "not
included in this resubdivision." The boundaries of an excepted parcel shall
be identified by bearings and distances.
r. All easements that are not parallel to a lot line shall be designated and
identified by bearings and dimensions.
s. The location of easements along lot lines for water, sewer, electric, gas,
telephone and any other utilities within the resubdivision shall be shown.
Utility easements shall be designed to meet the requirements of this
Chapter. Any easement proposed to be vacated shall be shown and labeled
with a hatched pattern.
t. All land within the boundaries of the resubdivision shall be accounted for
either as lots, easements, rights -of -way, private streets or public areas.
u. The resubdivision plat shall show the location of any plugged or abandoned
oil and gas well. The well shall be permanently marked by a brass plaque
set in concrete, similar to a permanent bench mark, to monument its
location. Such plaque shall contain any information required on a dry hole
marker by the Colorado Oil and Gas Conservation Commission.
v. The certificates and seals described in Appendix 24-B to this Chapter may
be required by the Planner to be placed on the resubdivision plat. Provision
shall be made for all seals to be placed approximately two (2) inches from
the resubdivision plat border.
w The location of any sign requiring zoning approval shall be shown.
Distances from property lines shall be indicated.
existing road right of way or affect approved subdivision drainage easements.
• a a • • a a a •• a• a s a • a s a a a • a a a a• a
changes to lot lines:
16
1. An application form provided by the Department of Planning Services.
2. Copies of all deeds or legal instruments identifying all fee owners of property
owner, notarized evidence m-ust be d sh
legal authority to sign for the corporation.
3. A letter explaining the lot line revision request and how the revision complies
with the approved final plat. The letter shalt also address how the lot line
a a. m••. a * .a ass a� a a. a. a• a a • . a am
in force and affecting the subdivision.
4. A copy of the approved recorded plat showing the property under consideration
for the resubdivision.
5. A resubdivision plat map. The re-su-b-division plat map shall be prepared in
is Chapter, except
it shall show only the property under consideration for the resubdivision. If a
utility easement is affected by a lot line revision, the easement shall be shown
Chapter.
6. An affidavit listing the names anc addresses of all entities with a security
interest in the property being considered. The list shall be compiled from the
e opinion by an -
attorney licensed to pr�:
Department of Planning Services.
GB. Review procedures for a resubdivision for changes to lot lines.
1 Any person wanting to apply for review of a resubdivision for changes to lot
lines shall arrange for a preapplication conference with the Department of
Planning Services. Upon receipt of a complete resubdivision application, the
Department of Planning Services will schedule the request before the Board of
County Commissioners.
2. In the event a utility easement is affected, the Department of Planning Services
shall schedule the resubdivision request on the first available Utilities
Coordinating Advisory Committee meeting before presenting the request to the
Board of County Commissioners.
3. The Planner shall give notice of the resubdivision and the public hearing date
to those persons listed in the application as owners of property located within
17
five hundred (500) feet of the resubdivision lot(s) and/or easements being
vacated. Such notification shall be mailed, first-class, not less than ten (10)
days before the scheduled public hearing. Inadvertent errors by the applicant
in supplying such list or the Board of County Commissioners in sending such
n otice shall not create a jurisdictional defect in the hearing process, even if
such error results in the failure of a surrounding property owner to receive such
n otification.
4. The Planner shall post a sign on the property under consideration for a
resubdivision. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under consideration is
n ot adjacent to a publicly maintained road right-of-way, one (1) sign shall be
posted in the most prominent place on the property and a second sign shall be
posted where a driveway (access drive) intersects a publicly maintained road
right-of-way. The Department of Planning Services shall certify that the sign
has been posted the ten (10) days preceding the hearing date, evidenced with
a photograph. The sign will show the following information:
i. The assigned application number.
ii. The date, time and place of the public hearing.
iii. The phone number and location of the Department of Planning Services
iv. The applicant's name.
✓ . The acreage of the parcel which is the subject of the resubdivision.
✓ i. The number of resubdivision lots requested.
5. The Planner shall arrange for legal notice of the Board of County
Commissioners meeting to be published in the newspaper designated by the
Board for publication of notices. The date of publication shall be at least ten
(10) days prior to the hearing.
6. The Planner shall send the application for resubdivision to referral agencies,
including, but not limited to, municipalities within a three (3) mile radius of the
property and interested historic preservation organizations, for review and
comment. The agencies shall respond within twenty-eight (28) days after the
mailing of the application by the County. Failure of any agency to respond
within twenty-eight (28) days may be deemed to be a favorable response.
The reviews and comments solicited by the County are intended to provide
the County with information about the resubdivision. The Board of County
Commissioners may consider all such reviews and comments and may solicit
additional information if such information is deemed necessary. Reviews and
comments submitted by a referral agency are recommendations to the
18
County. Authority for making the decision to approve or deny the request for
a resubdivision rests with the Board of County Commissioners.
37. The Department of Planning Services shall prepare a recommendation for use
by the Board of County Commissioners. The recommendation shall address all
aspects of the application, including how the lot line revision complies with the
approved recorded final plat, and how the application complies with the
adopted rules. regulations and ordinances currently in force and affecting the
subdivision.
48. The Board of County Commissioners shall hold a public hearing to consider all
aspects of the application, including how the lot line revision complies with the
approved recorded final plat. how the application complies with the adopted
rules, regulations and ordinances currently in force and affecting the
subdivision and the recommendation from the Department of Planning
Services. If the Board of County Commissioners approves the request, the
Board's resolution and resubdivision map plat shall be recorded in the office of
the County Clerk and Recorder.
C. Prior to or commensurate with processing a resubdivision to change a lot line to
include any portion of a street, road, or alley within a recorded subdivision plat, the
street, road, or alley must be vacated by resolution of the Board of County
Commissioners pursuant to the procedures set forth in Chapter 17, Article VII of
this Code.
Sec. 24-5-40. — Resubdivision plat for redesign, addition or vacation time
parameters.
The resubdivision plat shall be recorded within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying
the recording fee. If a resubdivision plat has not been recorded within sixty (60) days from
the date of the Board of County Commissioners resolution, or within a date specified by
the Board of County Commissioners, the Board may require the applicant to appear
before it and present evidence substantiating that the resubdivision has not been
abandoned and that the applicant possesses the willingness and ability to record the
resubdivision plat. The Board of County Commissioners may extend the date for
recording the resubdivision plat. If the Board determines that conditions supporting the
original approval of the resubdivision plat cannot be met, the Board may, after a public
hearing, revoke the resubdivision.
A. This resubdivision process is used for the purpose of redesign. addition of new lots
or vacation of all o -r portions of a subdivision.
B. Submittal requirements.
19
1 This resubdivision process requires all information listed in Section 24 4 40 D
The resubdivision utility map and plat shall show only the property under
consideration for the resubdivision If an application requirement is not
applicable to the proposed resubdivision, it may be waived by the Department
of Planning Services
2 In addition to the requirements of Section 24 4 40 D, the following application
information shall be submitted
a A resubdivision application form provided by the Department of Planning
Services
b A letter explaining the resubdivision request The letter shall explain how
the proposed resubdivision complies with the approved final plat The letter
shall also explain how the resubdivision complies with the adopted rules,
regulations and ordinances currently in force and affecting the subdivision
c A copy of the recorded final plat
d All public easements or rights of way proposed to be vacated shall be
identified and shown in hatch line form, on the resubdivision plat to be
recorded A legal description shall also be provided for any public easement
or right of way not parallel to a lot line
3 Drainage easements or rights of way designed to accept drainage shall not be
changed unless supported by a drainage plan and complete engineering data
for the affected subdivision
4 An affidavit listing the names and addresses of all entities with a security
interest in the property being considered The list shall be compiled from the
title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State, and shall be current as of a date not
more than thirty (30) days prior to the date the application is submitted to the
Department of Planning Services
C Any person wanting to apply for review of a resubdivision for redesign or addition
of new lots, or vacation of all or portions of a subdivision, shall arrange for a
preapplication conference with the Department of Planning Services Upon receipt
of a complete resubdivision application, the Department of Planning Services will
schedule the request before the Board of County Commissioners
D No lot or parcel shall be created that is lees than the minimum lot size standards
set forth in Section 21 7 50 of this Chapter
Sec 24-6-60. - Location/Site Improvements Certificate
20
A Location or Site Improvements Certificate (including adjacent rights -of -way)
certified by a registered Colorado surveyor may will be required in conjunction with
Building Permit applications for a lot in an obsolete subdivision historic townsite or
subdivision. and may be required for a lot lacking survey information of sufficient detail to
determine precise lot location, size, configuration or other necessary information as
required by the Department of Planning Services.
21
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2018
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,
Terry Cross, at 12 30 pm
Roll Call
Present Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard
Beck
Absent Jordan Jemiola, Gene Stifle
Also Present Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services, Lauren Light and Ben Fussell, Department of Health, Evan
Pinkham, Public Works, Frank Haug, County Attorney, and Kris Ranslem, Secretary
CASE NUMBER
PRESENTED BY
REQUEST
ORDINANCE 2018-03
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 2 ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23
ZONING, CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), OF THE
WELD COUNTY CODE
Tom Parko, Planning Services, stated that there are over 30 townsites that are unincorporated and plated
and have been in existence for over 100 years in Weld County Staff has been approached by a builder to
develop the townsite east of Kersey Therefore, Staff has put some standards together to help develop in
these townsites in the future, regarding access, maintenance of roads, and setbacks for wells and septic
systems
Michelle Martin, Planning Services, presented Ordinance 2018-03 She added that it has been a combined
effort from multiple departments Ms Martin briefly explained the proposed changes She provided a
handout with an additional change to Section 2-13-40 by including addresses for the issuance of a Weld
County Oil and Gas Location Assessment (WOGLA)
Dawn Anderson, Public Works, said that they are proposing Section 8-6-40 be repealed and reenacted as
Section 8-6-150 She added that signs for any non -county maintained roads would be done upon requests
of the applicant as long as they pay for the signs
Ms Martin said that a definition for Historic Townsite was added and they clarified the resubdivision
process
Lauren Light, Environmental Health, said that the minimum lot sizes with public water and septic were
determined because the math works with the setbacks She added that certain steps have to be followed
if there are lots smaller than 1 acre or 2 5 acres She said that they want to see how the setbacks affect
the adjacent lots because the last guy in might have a non -buildable lot
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Motion Forward Ordinance 2018-03 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Tom Cope Motion
carried unanimously
Meeting adjourned at 4 32 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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