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INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Kevin and Dina McCarty Case Number:Z-500
Submitted or Prepared
Prior
to Hearing At Hearing
1. Planning Department Recommendation X
2. Legal Notification X
3. Application X
4. Referral from Weld County Sheriffs Dept.,6-11-96 X
5. Referral from Larimer County, 6-14-96 X
6 Referral from Town of Mead, 6-18-96 X.
7. Referral from Weld County Building Inspection, 6-19-96 X
8. Referral from Thompson R2-J School District,6-17-96 X
9. Referral from Little Thompson Water District, 6-14-96 X
10. Referral from Berthoud Fire Protection District, 6-14-96 X
11. Referral from Weld County Public Works Dept., 6-19-96 X
12. Referral from Weld County Health Dept., 6-15-96 X
13. Planning Technician Maps X
14. Surrounding Property Owner Notification X
15. Soil Survey X
16. Statement of Dina McCarty X
17. Biography of Applicants X
18. 6 photographs(2 sheets) X
I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commissio hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on August 22, 1 6.
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Shani L. Eastin , C re t Planner—)
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Hearing Date: August 6, 1996
Continued Hearing Date: August 20, 1996
PLANNER: Shani L. Eastin
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).
LEGAL DESCRIPTION: The E'/z of the SE'A 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.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance 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 states: "Applications for the division of land which is zoned
agricultural shall be reviewed in accordance with all potential impacts of
961771
Z-500, Kevin and Dina McCarty
Little Thompson Valley Estates
Page 2
the division on the agricultural community. " The criteria for this policy
include the following:
a. A.Policy 4.1.2 "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. 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.
2. A.Policy 7 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.
961771
Z-500, Kevin and Dina McCarty
Little Thompson Valley Estates
Page 3
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 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.
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.
961771
Z-500, Kevin and Dina McCarty
Little Thompson Valley Estates
Page 4
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.
961771
ADDITIONAL COMMENTS
Little Thompson Valley Estates
Z-500, Kevin and Dina McCarty
Attached, please find a copy of the Town of Berthouds referral response.
The Town of Berthoud reviewed this request and had the following comments and
concerns:
1. Conflict with the motor cross track located east of the subject site.
2. Effect on the surrounding farming operations.
The Department of Planning Services staff believes that the concern with the motor cross
track is covered with the applicant providing a tree belt buffer on the eastern portion of the
development. Staff also believes that the effect on the surrounding farming operations is
covered in condition of approval #9.
961'7'71
OtttiCi MEMORANDUM
IIiDcTO: Board of County Commissioners September 25, 1996
COLORADO From: Shani L. Eastin, Current Planner
SUBJECT: Z-500, Little Thompson Valley Estates
Attached, please find additional documents that have been submitted to the
Department of Planning Services since the Planning Commission Meeting.
1. Letter from the Town of Berthoud
2. Letter from the Little Thompson Water District
3. Letter from a surrounding property owner: Glenn C. Morali
4. Letter from surrounding property owners Wilbert and Marie
Koolstra to the applicants Kevin and Dina McCarty
5. Statement of rangeland productivity and characteristic plant
communities produced by the Department of Agriculture, Soil
Conservation Service for Kevin McCarty.
The Department of Planning Services staff is also requesting that the following
condition of approval be added:
10.
c. The applicant shall amend the plat to delete the wording R-1 Use
from the small residential lots and R-1 & Agricultural Uses from the
large residential and agricultural lot.
SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT
961771
FIELD CHECK inspection date: July 25, 1996
CASE NUMBER: Z-500
APPLICANT: Kevin and Dina McCarty (Little Thompson Valley Estates)
LEGAL DESCRIPTION: E1/2 of the SEl/a of Section 21, T4N, R68W of the 6th
P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 7; north of and adjacent to WCR 42
6:fil tiO any# else
N A (Agricultural) N Agricultural Production, Residence
E A (Agricultural) E BMX Motorcross track, Agricultural Production
S A (Agricultural) S Town of Berthoud Gas Plant, Agricultural
Production
W A (Agricultural) W Two residences, Agricultural Production
COMMENTS:
The subject property slopes downward from the SE to the NW. The Little Thompson
River runs along the north of the property. Currently the property is marginal
agricultural production of hay. Currently agricultural accesses are onto WCR 7.
�J
Shani L. Eastin, Current Planner
961774
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