HomeMy WebLinkAbout961770.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison 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: Z-500
NAME: Little Thompson Valley Estates
Kevin and Dina McCarty _
4026 Niobe Ct
Loveland, CO 80538
REQUEST: A Change of Zone from Agricultural to PUD (Agricultural and Estate). -c
LEGAL DESCRIPTION: The E2 of the SE4 of Section 21, T4N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to Weld County Road 7; north of and adjacent to Weld County Road
42.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliapce with the application requirements of Section 21.7 of the
Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning
Ordinance as follows:
A. The proposed change of zone is consistent with the intent of the Weld County
Comprehensive Plan, as amended, Agricultural, Planned Unit Development and
Residential Goals and Policies.
1. A.Goal.4 states: 'Provide a mechanism for the division of land which is
agriculturally zoned. The intent of this should goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County."...The
applicant has designed this development to cluster the residential uses along the
south eastern property line thus providing a large agricultural lot. The entire
southern portion of this site is not listed as prime farm ground by the Soil
Conservation Service.
2. A.Policy.4 "Applications for the division of land which is zoned agricultural
shall be reviewed in accordance with all potential impacts of the division on the
agricultural community." The criteria for this policy include the following:
A.Policy.4.1.2 states: "Agricultural productiveness of the site"...The applicant is
proposing to develop a non-productive portion of the property. The portion of the
site located north of the Little Thompson River will remain in productive farm
production.
b. A. Policy. 4.1.3 "Availability of existing infrastructure and utilities"...This
development will be served by the Little Thompson Water District for
water service and Berthoud Fire Protection District for fire protection.
961770
RESOLUTION, Z-500
Kevin McCarty (Little Thompson Valley Estates)
Page 2
The site will be accessed from Weld County Road 7 with additional
criteria from the Weld County Public Works Department. Sewer will be
provided by septic systems.
c. A. Policy 4.1.8 "Utilize techniques such as easements, clusters, building
envelopes and setbacks to minimize the impacts on surrounding
agricultural land"...The applicant is proposing to cluster the residential
development along the south eastern portion of the property. The
applicant is also proposing a tree belt for buffering from the motor cross
track along the eastern portion of the property. The treebelt will also
provide common open space area for the development.
B. The uses which would be allowed on the subject property by granting the change of zone
will be compatible with the surrounding land uses which include agricultural production
and rural residences.
1. A. Goal 7 states: "Protect agricultural land from encroachment by those urban
uses which hinder the operation efficiency and productivity of the agricultural
uses"...The applicant is proposing to cluster the residential uses on the property
to ensure that the large lot remains in agricultural production.
A. Policy 8 states: "Weld County recognizes the"right to farm". In order to validate this
recognition Weld County has established an example covenant which should be
incorporated on all pertinent land use plats".,.The right to farm covenant is required by
condition of approval to be located on the plat and adhered to at all times.
C. Portions of this site lie in the floodplain. No residential development is proposed in the
floodplain. The Conditions of Approval address this issue.
D. The proposed development lies within the referral boundary of the Town of Mead and
Larimer County. The Town of Mead and Larimer County reviewed this request and had
no conflict of interest.
E. The proposed rezoning will not interfere with the present or future extraction of
commercial mineral deposits located on or under the property.
This recommendation is based, on part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
The PUD Change of Zone is conditional upon the following and that each be placed on the Change of
Zone Plat as notes prior to recording:
1. The PUD District allows for residential and agricultural uses and shall comply with the PUD Zone
District requirements as set forth in Section 28 of the Weld County Zoning Ordinance, as
amended. The PUD shall consist of 5 residential lot and one agricultural/residential lot.
2. Little Thompson Water District shall provide domestic water supply to the residential uses.
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RESOLUTION, Z-500
Kevin McCarty (Little Thompson Valley Estates)
Page 3
3. Septic systems shall provide sewage disposal to the residential uses.
4. The street within the PUD District shall be privately maintained by the developer and/or
homeowner's association and dedicated for public use. The internal road system is subject to
review by the Public Works Department, Planning Department and approval by the Board of
County Commissioners.
5. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance, as
amended.
6. The PUD Final Plat shall comply with the requirements of the Colorado Geological Survey, Weld
County Public Works Department, Berthoud Fire Protection District and the Weld County Health
Department.
7. No septic systems shall be placed in the floodway. Any septic system which will be installed in
the flood plain shall apply for and obtain a flood hazard development permit.
8. The right to farm covenant, as indicated on page 7-2 of the Weld County Comprehensive Plan,
shall be acknowledged to at all times.
9. The site shall maintain compliance at all times with the Flood Hazard Overlay District standards.
10. Prior to recording the plat
a. The applicant shall submit evidence to the Department of Planning Services that the
concerns stated in a letter dated June 17, 1996, from Stephen Charles, Berthoud Fire
Protection District have been adequately addressed.
b. The applicant shall submit evidence to the Department of Planning Services that the
concerns stated in a letter dated June 18, 1996, from Don Carroll, Weld County Public
Works Department have been adequately addressed.
Motion seconded by Rusty Tucker.
VOTE:
For Passage Against Passage
Glenn Vaad Shirley Camenisch
Cristie Nickles Ann Garrison
Fred Walker
Jack Epple
Rusty Tucker
Arlan Marrs
The Chairman 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.
961770
RESOLUTION, Z-500
Kevin McCarty (Lithe Thompson Valley Estates)
Page 4
I, Jill Boshinski, 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 August 20, 1996.
Dated the 20th day of August, 1996.
aoo ,
Jill Boshinski
Secretary
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