HomeMy WebLinkAbout20050516.tiff RESOLUTION
RE: APPROVE REQUEST TO DELETE CONDITION OF APPROVAL #1.F AND MODIFY
CONDITION OF APPROVAL #1.K.2 FOR AMENDED USE BY SPECIAL REVIEW
PERMIT, AMUSR #935 - BRITTARA LAND COMPANY, LLC
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, on October 6, 2004, the Board of County Commissioners approved the
application of BritTara Land Company, LLC, P.O. Box 547, Windsor, Colorado 80550, for a Site
Specific Development Plan and Amended Use by Special Review Permit#935 for a Use Permitted
as a Use by Right or Accessory Use in the Commercial Zone District(landscaping materials yard,
agricultural and supply business)in the A(Agricultural)Zone District on the following described real
estate, to-wit:
LotA of Recorded Exemption#1331;being part of the
E1/2 SW1/4 of Section 36,Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS,the request to the Board of County Commissioners for deletion of Condition of
Approval#1.F and modification of Condition of Approval#1.K.2 to reduce the amount of parking
spaces from 35 to 4 was submitted by BritTara Land Company, LLC, P.O. Box 547, Windsor,
Colorado 80550, and
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that Condition of Approval#1.F be deleted and Condition of Approval#1.K.2 be
modified, as stated above.
BE IT FURTHER RESOLVED that all other Conditions of Approval included in Resolution
#2004-2767, approved on October 6, 2004, remain in full force and effect.
2005-0516
PL0833
(0C : n- R-C) A , D3/�-ate
REVIEW CONDITION OF APPROVAL #1.F AND 1.K.2, AMUSR #935 - BRITTARA LAND
COMPANY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'
f p� William H. rke, Chair
lerk to the Board
I,ICCLLLLSS y� � � M. J. eile, ro-Tem
%t 5 t s-r�`•'lr rk to the Board
D id . Long
O DAST
Robe D. asd n
y Attorney
Glenn Vaad
Date of signature: AA-
2005-0516
PL0833
* 611:11 MEMORANDUM
TO: Board of County Commissioners
COLORADO DATE: February 10, 2005
FROM: Jacqueline HatclCir
SUBJECT: AMUSR-935
AMUSR-935 was approved by the Board of County Commissioners on October 6, 2004 for a Site
Specific Development Plan and a Special Review Permit for a business permitted as a use by
right or accessory use in the Commercial Zone District (Landscape Materials Yard, Agricultural
and Supply Business) in the A(Agricultural)Zone District
The site is located North of and adjacent to County Road 38 and approximately Y mile west of
County Road 13.
The applicant in the attached e-mail dated February 8, 2005 is requesting that the Board of
County Commissioners review the following conditions:
1.F of the resolution which states "An individual sewage disposal system is required for the scale
house and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal Regulations.
Evidence of approval and installation shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
1.K.2 of the resolution which states "Section 23-3-250.A.2 — Parking. Sufficient screened, off-
street, paved parking areas shall be provided to meet the requirements of employees, company
vehicles, visitors and customers. Appendix 23-A describes the design requirements for parking
spaces and Appendix 23-B delineates the number of parking spaces required by use for this
property. Thirty-five parking spaces shall be provided. Should the number of equipment,
structures or employees increase the parking requirements shall be delineated according to this
section. The plat shall indicate the appropriate parking spaces. The site shall also meet ADA
parking requirements. Circulation pattern including the access drives shall be surfaced with
recycled gravel or a treated gravel to keep the dust under control. (Departments of Planning
Services and Public Works)
Background:
1.F - The Department of Planning Services has noted that after the appropriate future right-of-
way for County Road 38 is delineated on the plat (140 foot right-of-way)the existing scale
house on site is located within the future right-of-way. The scale house would be a Non-
Conforming Structure.
Section 23-7-40.A - Repair and Restoration. Should such nonconforming structure or
nonconforming portion of a structure be destroyed by any means to an extent more than
fifty percent (50%) of its replacement cost at the time of destruction, it shall not be
restored except in conformance with the provisions of this Chapter. Ordinary repairs the
value of which do not exceed fifty percent (50%) of replacement cost of the structure may
be permitted.
Section 23-7-40.B - Expansion or Enlargement. No such nonconforming structure or
nonconforming portion of a structure may be expanded, enlarged or altered in a way
which increases its nonconformity, except that those structures that are nonconforming
by reason of noncompliance with existing setback requirements may be expanded or
enlarged so long as such expansion or enlargement does not further diminish the
nonconforming setback. No expansion or enlargement of structures shall be allowed
within an existing right-of-way.
The scale house is approximately 240 square feet in size and the addition of a restroom
would require that the building be expanded or enlarged and could exceed fifty percent
(50%) of the replacement cost of the structure which would terminate the non-conforming
use status on the structure putting the building in violation of the Weld County Code.
The applicant is requesting a waiver from the septic requirement. The Department of
Public Health and Environment in a phone message on February 9, 2005 stated that they
are opposed to the waiver of the septic requirement.
1K.2 - The Department of Planning Services recognizes that the required thirty-five parking
spaces was a condition when the retail aspect was included in the application. Since the
retail aspect has been removed staff recommends that this condition be changed to
reflect a requirement of four (4) parking spaces.
Page 1 of 2
Jacqueline Hatch
From: Phillip Wenta [pwenta@brittara.com]
Sent: Tuesday, February 08, 2005 5:38 PM
To: Jacqueline Hatch
Cc: Monica Mika
Subject: RE: AMUSR-935
I think that covers it given our agreement on minimal "strategically placed" screening the other day. That item is left up to
staff's discretion in the actual resolution. So, I suppose if we remain in agreement on those items, we are good.....pb v
L'l1Rip if it 6rtta
a Thirshnem Holdings/nritTtrt Land Co./flagstone 1'ameers
PIP Ruck 13r61;6'Lt. Windsor.Co 80530
Phone. 470.560.3605
Ili.:070.674.9998
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Tuesday, February 08, 2005 1:15 PM
To: pwenta@brittara.com
Subject: RE: AMUSR-935
Phillip,
Thanks for the e-mail
I just wanted to verify the two reasons for going back to the Board of County Commissioners
1. To change the number of parking spaces required on site, and
2. That you would like the septic requirement removed from the resolution.
If you have any additional concerns that you would like the Board of County Commissioners to revisit please let me know.
Thanks,
Jacqueline
From: Phillip Wenta [mailto:pwenta@brittara.com]
Sent: Tuesday, February 08, 2005 12:33 PM
To: Jacqueline Hatch
Cc: Charlotte Davis; Monica Mika
Subject: RE: AMUSR-935
Jacqueline—please place AmUSR—935 on the agenda for a 9am County Commissioners meeting at your earliest
convenience to discuss the items you and I reviewed with Monica Daniels —Mika. Those include:
The septic requirement in the NCU building. We will have minimal employees and don't feel it makes sense in an NCU
structure.
Amendment of the AmUSR-935 resolution as drafted earlier with several mistakes / non-applicable items.
Thanks again for meeting the other day pbw
Phitbp B. Wenta
LI oury Lrcestrnent F&tldin>;s/Bile[an,Land Co./Flagstone Fanners
160 Kock line/;>c Cn Irindsor. Co 80550
P6nnt:970_.566_3005
I4..:070.6749998
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Tuesday, February 08, 2005 10:39 AM
To: pwenta@brittara.com
Cc: Charlotte Davis
02/09/2005
Page 2 of 2
Subject: AMUSR-935
Philip,
Good morning,
I still haven't received any documentation from you requesting that we take AMUSR-935 back to the Board of County
Commissioners for the septic on site.
Thanks,
Jacqueline
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02/09/2005
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