HomeMy WebLinkAbout970891.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution, with the deletion of Condition of Approval #3i and
subsequent renumbering, 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: S-415
APPLICANT: Kevin & Dina McCarty, Little Thompson Valley Estates
ADDRESS: 4026 Niobe Court, Loveland, CO 80538
PLANNER: Shani L. Eastin
REQUEST: A Site Specific Development Plan and Planned Unit Development Final Plan for Lithe
Thompson Valley Estates
LEGAL DESCRIPTION: Part of the E2 of the SE4 of Section 21, T4N, R68W of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 42; west of and adjacent to Weld
County Road 7.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 28.9
of the Weld County Zoning Ordinance, as amended.
It is the opinion of the Planning Commission that the request is in conformance with Section
28.13 of the Weld County Zoning Ordinance, as amended, as follows:
a. The proposed P.U.D. Final Plan is consistent with the Weld County comprehensive
Plan and is compatible with the future development as permitted by existing P.U.D.
District and plans of affected municipalities. The Towns of Johnstown and Mead
have reviewed this request and have no conflict of interest. The Town of Berthoud
reviewed this request. Concerns of the Town of Berthoud have been addressed in
the Conditions.
The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating
Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its
February 13, 1997, meeting.
c. The uses, buildings, and structures shall be compatible with the existing and future
development of the surrounding area as permitted by the existing zoning, and with
the future development projected by the Comprehensive Plan or Master Plan of
affected municipalities.
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RESOLUTION, S-415
Kevin and Dina McCarty
Page 2
d. The proposed P.U.D. Final Plan conforms with the performance standards in Section
35.3 of the Weld County Zoning Ordinance, as amended.
e. The proposed P.U.D. Final Plan will be in compliance with the Weld County Zoning
Ordinance, as amended, Section 50, overlay districts. Portions of the subject
property lie in the floodplain. No construction is planned in the floodplain.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding this request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the P.U.D. Final Plan plat:
a. The Board of County Commissioners shall review and approve the subdivision for off -
site and on -site improvements and the form of collateral. The security for the
agreement shall be tendered and accepted by the Board of County Commissioners
for the subdivision improvements agreement.
b. The applicant shall submit evidence to the Department of Planning Services that the
covenants approved by the Weld County Attorney's Office are ready to be recorded.
c. The applicant shall submit evidence to the Department of Planning Services that the
proposed fire protection system will meet the standards of the Berthoud Fire
Protection District.
d. A landscape plan shall be submitted to the Department of Planning Services for
review and approval.
e. The applicant shall submit in writing to the Department of Planning Service a request
to withdraw RE -1503 which was conditionally approved by the Board of County
Commissioners on July 7, 1993.
2. The plat shall be amended as follows:
a. The plat shall be amended to show a 15 foot utility easement along the perimeter
boundary of the southem, western and northem portions of the subject property with
a tie into the existing utility easements along the eastern portion of the property.
b. Section A -A shall be amended from 12 inch culverts at the driveway to the County
requirement of 15 inches for driveway culverts.
c. The applicant shall revise Exhibit A-1 as required by Don Carroll of the Weld County
Public Works in his referral dated January 29, 1997.
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RESOLUTION, S-415
Kevin and Dina McCarty
Page 3
3. The following notes shall be placed on the P.U.D. plat prior to recording:
a. The uses permitted within the P.U.D. Final Plan include five (5) residential lots, one
(1) residential/agricultural lot and one (1) outlot/common open space uses which
comply with the P.U.D. Zone District requirements and as described in the application
materials.
b. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
c. Little Thompson Water District shall provide domestic water service to all residential
uses within the P.U.D. Zone District.
d. Sewage disposal shall be provided by an Individual Sewage Disposal System
(I.S.D.S.). The systems shall comply with all rules and regulations of the Weld
County Health Department.
e. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld
County Subdivision Ordinance.
f. All uses within the P.U.D. Final Plan shall comply with the requirements of the
Berthoud Fire Protection District.
g. All streets within the P.U.D. Plan are private and shall be built to County standards.
The streets shall be maintained by the homeowners association, lot owners, or
developer.
h. Portions of the subject property lie in the floodplain. All construction or improvements
occurring in the floodplain shall comply with the Flood Hazard Overlay District
requirements, Section 26, of the Weld County Zoning Ordinance.
No animals shall be allowed on any lot until written evidence has been submitted to
the Department of Planning Service that the architectural control committee has
approved the animal units.
4. Prior to the issuance of each building permit, the Architectural Control Committee shall
provide a letter to the Department of Planning Services indicating its approval of the
proposed structure.
Motion seconded by Cristie Nicklas.
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RESOLUTION, S-415
Kevin and Dina McCarty
Page 4
VOTE:
For Passage
Glenn Vaad
Cristie Nicklas
Shirley Camenisch
Arlan Marrs
Against Passage Abstained
Marie Koolstra
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.
CERTIFICATION OF COPY
I, Tammie Pope, 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 February 18, 1997.
Dated the 18th of February, 1997.
Tammie Pope
Secretary
970891
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