HomeMy WebLinkAbout961744.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM AGRICULTURAL TO PUD (AGRICULTURAL
AND ESTATE) - LITTLE THOMPSON VALLEY ESTATES, C/O KEVIN AND DINA
MCCARTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 25th day of September, 1996, at
10:00 a.m. for the purpose of hearing the application of Little Thompson Valley Estates, do
Kevin and Dina McCarty, 4026 Niobe Court, Loveland, Colorado 80538, requesting a Change of
Zone from Agricultural to PUD (Agricultural and Estate) for a parcel of land located on the
following described real estate, to-wit:
The E1/2 of the SE1/4 of Section 21, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, Kevin and Dina McCarty were present at said hearing, and
WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards
for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 21.7 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.6 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 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.
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CHANGE OF ZONE #500 - LITTLE THOMPSON VALLEY ESTATES, C/O MCCARTY
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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 the division on the agricultural community."
The criteria for this policy include the following:
A. 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 states: "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 states: "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 tree belt 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 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 a
Condition of Approval to be located on the plat and adhered to at
all times.
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CHANGE OF ZONE #500 - LITTLE THOMPSON VALLEY ESTATES, CIO MCCARTY
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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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Little Thompson Valley Estates, do Kevin and
Dina McCarty for a Change of Zone from Agricultural to PUD (Agricultural and Estate) on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions
which must each be placed on the Change of Zone Plat as notes prior to recording:
1. The PUD (Planned Unit Development) 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 five (5) residential lots 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(s) within the PUD District shall be privately maintained by the
developer and/or homeowners' 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.
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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.
c. The applicant shall amend the plat to delete the wording R-1 Use from
the small residential lots and R-1 and Agricultural Uses from the large
residential and agricultural lot.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO`
ATT
f C/4117Barbara J. Kirkmeyer, Caairman'�
Wd County t e Board
U' - •ii • -Baxter Pr.-T-,
� o e Board I7/4i/
Dale K. Hall
APPR AS RM:
Constance Lifx _ . Har ert
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v L
u ty tto y W. H. Webster / c _7 , /��
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