HomeMy WebLinkAbout20131869.tiffHEARING CERTIFICATION
DOCKET NO. 2013-45
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
USR13-0019, FOR A WINERY (CIDERY AND TASTING ROOM), BED AND
BREAKFAST FACILITY, AND A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (EVENTS CENTER), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT - MARK BIRKIN, C/O ADAM GOROVE
A public hearing was conducted on July 24, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tiffane Johnson
Public Works representative, Don Carroll
Health Department representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated June 14, 2013, and duly published June 19,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Mark
Birkin, c/o Adam Gorove, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0019, for a Winery (cidery and tasting room), Bed and Breakfast Facility, and a
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (events center), provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
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Chair Garcia advised Adam Gorove, business partner representing the applicant, that,
since Commissioner Conway was not able to be present, he had the option of continuing this
matter to a date with the full Board present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen to
the record and make the determining vote. Mr. Gorove indicated he would like to proceed.
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HEARING CERTIFICATION - MARK BIRKIN, CIO ADAM GOROVE, (USR13-0019)
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Tiffane Johnson, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. She showed images demonstrating surrounding properties which have been
annexed by the Town of Firestone. She said the majority of the parcel is vacant land with two
existing structures and described surrounding property use and zoning. She reviewed the site
plan, and proposed operations, noting that seasonal events will use portable toilets until future
success may call for additional facilities, and sewage is onsite. Ms. Johnson showed photos of
the site taken from County Road 17 and also scenic views from within the property.
ra Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He noted the Town of Firestone has granted an access permit from
County Road 17. The applicant estimates an average of 20 cars per day. Mr. Carroll said that
Development Standard #22 should be amended, striking everything after the word "site" and
Development Standard #23 can be removed because the existing parking is adequate.
a Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She said for five full-time and five part-time employees their septic system is
adequate; however, eventual improvements might call for future septic permits, noted under
Condition of Approval #7.B. She said Development Standard #17 covers state discharge
requirements for composting of the apple waste, and a permit may be required. In response to
Chair Garcia, Ms. Evett said if they discharge more than 2,000 gallons per day they would be
required to get a permit and they also fall under the category of a distillery/brewery, so there
may be other state requirements.
Mr. Gorove stated that Ms. Johnson did a great job. He explained current water usage on
the site, and said an engineer would look at that as they expand the use. He described the
history of orchards in the area. In response to Commissioner Rademacher, Mr. Gorove said
that he has been in contact with the fire chief and was asked to bring an 8 -inch main -line to the
property for onsite water retention options. In response to Chair Garcia, he said special
seasonal and weekend events will accommodate up to 200 people, and he reviewed the hours
of operation. He noted they will only be an outdoor venue until the fire code issues are
resolved, but there is a nice patio area for this purpose.
la No public testimony was offered concerning this matter.
El In response to Commissioner Rademacher, who asked about the number of employees in
regard to potential seasonal labor, Mr. Gorove said outdoor portable toilets will be provided.
Ms. Johnson noted the site is Zoned Agricultural; therefore farming is a use -by -right.
Commissioner Kirkmeyer said that the USR is attached to the whole property. Chair Garcia
suggested adding a sentence to state, "Seasonal employees are allowed without limitation" Tom
Parko, Director of Planning Services, Development Standard #3. Commissioner Rademacher
also suggested striking the words "approximately eight (8) days per month, "and these changes
were made by assent of the Board.
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HEARING CERTIFICATION - MARK BIRKIN, CIO ADAM GOROVE, (USR13-0019)
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El In response to Chair Garcia, Mr. Gorove said he agreed to abide by the Conditions of
Approval and Development Standards, as amended.
ei At the suggestion of Commissioner Freeman, Development Standard #22 was amended
to put a period after the word site, and #23 was deleted, by assent of the Board. The applicant
concurred.
Commissioner Rademacher moved to approve the request of Mark Birkin, c/o Adam
Gorove, fora Site Specific Development Plan and Use by Special Review Permit, USR13-0019,
for a Winery (cidery and tasting room), Bed and Breakfast Facility, and a use permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (events center), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record, as amended. The motion was seconded by
Commissioner Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:35 a.m.
This Certification was approved on the 29th day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CJ≥CJTITY, COLORADO
ATTEST: QA
Weld County Clerk to th
BY:
Deputy Clerk to the
William
Douglas'Rademachler, Pro-Tem
EXCUSED
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
2013-1869
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