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Home My WebLink About20151675.tiff BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford . 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: ORDINANCE 2015-9 C, PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING. WITH AMENDMENTS. CHAPTER 24 SUBDIVISIONS . OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Terry Cross. VOTE : For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 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 May 19, 2015. Dated the 19th of May. 2015. Digitally signed by Kristine Ranslem 661.6.11/11--. rYAI1ALLIYL Date: 2015.05.22 08: 14:47 -06'00' Kristine Ranslem Secretary 2015- 1675 Sec. 24-8-10. Exemption from definition. B. Owners of land are eligible to apply for an exemption only when at least one (1 ) of the resulting parcels would be less than thirty-five (35) gross acres in size. Sec. 24-8-20. Recorded exemption. A. The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. B. REPEALED. County -(Weld Code o e Ordinance 2003 10) C. The recorded exemption application shall include the total contiguous land ownership, except in the A (Agricultural) Zone District. In the A (Agricultural) Zone District, the following will apply: 1 . When a contiguous ownership equals at least one hundred sixty ( 160) acres, or is a parcel otherwise recognized as a complete quarter section, a portion of the parcel equal to the minimum buildable lot size (eighty [80] acres, or a parcel otherwise recognized as half of a quarter section) may be used in the two-lot recorded exemption application. When a contiguous ownership equals two (2) or more parcels created prior to the initiation of subdivision regulations, a single parcel may be used in the two-lot recorded exemption application. Lot B of a two-lot recorded exemption is eligible for future land exemption five (5) years from the date of recording the exemption plat, in accordance with Section 24-8-40.M. Lot A of a two-lot recorded exemption created prior to March 1 , 2004, is eligible for a one-time-only future land exemption and both lots created are not eligible for a future land exemption. Lot A of a two-lot recorded exemption created after March 1 , 2004, is not eligible for a future land exemption. 2. A three-lot recorded exemption application may be submitted when contiguous land ownership equals a minimum of one hundred twenty-two ( 122) acres. Remaining contiguous property must be included unless the remaining parcel equals at least eighty (80) acres; is a parcel otherwise recognized as a complete half of a quarter section; is a lot of an existing recorded exemption; or is a parcel created prior to the initiation of subdivision regulations. Two (2) of the proposed parcels shall be less than thirty-five (35) acres in size, and the third parcel must be at least one hundred twenty ( 120) acres in size. Lot C of a three-lot recorded exemption is eligible for future land exemption five (5) years from the date of recording the exemption plat, in accordance with Section 24-8-40.M. The two (2) smaller lots of a three-lot recorded exemption created prior to March 1 , 2004, are eligible for a one-time-only future land exemption and both lots created are not eligible for a future land exemption. The two (2) smaller lots of a three-lot recorded exemption created after March 1 , 2004, are not eligible for a future land exemption. 3 . A four-lot recorded exemption application may be submitted when contiguous land ownership equals a minimum of one hundred twenty-three ( 123) acres. Remaining contiguous property must be included unless the remaining parcel equals at least eighty (80) acres; is a parcel otherwise recognized as a complete half of a quarter section; is a lot of an existing recorded exemption; or is a parcel created prior to the initiation of subdivision regulations. Three (3) of the proposed lots shall be sized in conformance with the requirements of Section 24-8-40.L, and the fourth lot must be at least one hundred twenty ( 120) acres in size. The three (3) smaller lots shall attempt to be clustered together. The three (3) smaller lots are not eligible for future land exemptions. The larger lot (Lot D) is eligible to apply for a future land exemption five (5) years from the date of recording the exemption plat, in accordance with Section 24-8-40.M. 4. When a contiguous ownership equals two (2) or more A parcels created prior to the initiation of subdivision regulations is eligible for a, a single parcel may be used in the two-lot recorded exemption application. Sec. 24-8-40. Exemption standards. An exemption application shall comply with all of the following standards: D. The proposed recorded exemption will comply with Chapter 23, Article V and Article XI of this Code. K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1 -30 of this Chapter. 1 . The approval of an exemption may be conditioned or restricted to carry out the intent of Section 24-1 -30 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may include, but are not limited to, • , creation of conservation easements or other legal mechanisms to encourage agricultural production on the parcels and to maintain irrigation water for the parcels, the utilization of existing housing, and the satisfaction of school district concerns, pursuant to the requirements of Section 30-28-133(4)(a), C.R.S. Conditions of approval shall be met prior to recording the plat, and restrictions may be enforced by means of notes on the plat. 2. The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, may be considered as evidence of an intent to evade the purpose provisions of Sections 24- 1 -30 and 24-8-20 of this Chapter. Sec. 24-8-50. Submittal requirements. The following information shall be completed and submitted to the Department of Planning Services as part of the exemption application: L. An exemption sketch map drawn on a sheet of paper eight and one-half(81/2) inches by eleven ( 11 ) inches. The sketch map shall be legible and include the following information: 1 . The boundary of the proposed exemption property. 2. The boundaries of the lots being created or exchanged, and new parcels which will result upon approval of the request. 3. A north arrow. 4. The location of all existing and proposed driveways and accesses associated with the lots. 5. The names of any existing roads or highways abutting the proposed exemption property. 6. All existing structures on the proposed exemption property. This includes, but is not limited to, principal and labor homes, mobile homes, manufactured homes, outbuildings, pens, irrigation ditches, domestic wells, plugged or abandoned oil and gas wells, oil well production facilities and electrical transmission lines. 7. All easements or rights-of-way located on the proposed exemption property. 8. All unique physical characteristics of the proposed exemption property, including, but not limited to, substantial groves of vegetation, severe topographical conditions, substantial irrigation canals and water bodies, CRP lands, floodplains, geohazard areas and airport zones. 9. Building envelopes shall be designated, if the applicant intends to designate a building but not limited to, Sections 24 1 30.A and 24 1 30.J. Sec. 24-8-60. Exemption plat. An exemption plat shall be prepared after an application is approved and all conditions of approval have been met. The applicant shall submit three (3) one ( 1 ) paper copyies and one ( 1 ) electronic copy (.pdf) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copyies, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. The plat shall meet the following requirements: 4/ /qj/5 7e Michelle Martin . Planning Services. presented Ordinance 2015-9. outlining the changes to Recorded Exemptions. as part of the Weld County Code. 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 2015-9 to the Board of County Commissioners along with the Planning Commission 's recommendation of approval . Moved by Benjamin Hansford . Seconded by Terry Cross. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8) . Yes : Benjamin Hansford . Bruce Johnson . Bruce Sparrow. Jason Maxey. Jordan Jemiola. Joyce Smock. Nick Berryman , Terry Cross. CASE NUMBER: ORDINANCE 2015- 10 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS. CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE . Michelle Martin. Planning Services. presented Ordinance 2015-10. explaining the proposed change relating to the uses of public water within a certain aquifer for PUD ( Planned Unit Development) Commissioner Maxey asked why this specific aquifer and why the big change from 300 year to 100 year water supply Ms. Martin said that there is a developer in this aquifer that has requested this change_ Mr_ Parko added that the Craig Harrison has discovered this Upper Laramie Aquifer when he drilled a test well and has gone through Water Court and it has been approved . He said that state statutes require a 100 year supply and we require a 300 year water supply Mr. Parko further added that the developer is proposing commercial and industrial uses and will not require as much water as a residential development Commissioner Jemiola asked if this needs to be a code change or if the applicant could request this waiver from the Board of County Commissioners. Commissioner Berryman asked if we should have the applicant present his request because it is his proposed code change. Commissioner Johnson suggested having David Nettles with the Colorado Division of Water Resources to be here as well. The Chair asked staff to see if Craig Harrison and David Nettles could be here to discuss this proposed code change. 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 : Continue Ordinance 2015- 10 to the June 2 . 2015 Planning Commission Hearing . Moved by Benjamin Hansford . Seconded by Nick Berryman . Vote: Motion carried by unanimous roll call vote (summary : Yes = 8) Yes: Benjamin Hansford . Bruce Johnson . Bruce Sparrow. Jason Maxey. Jordan Jemiola. Joyce Smock. Nick Berryman . Terry Cross 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 321 pm . Respectfully submitted . Kristine Ranslem Secretary 4 Hello