HomeMy WebLinkAbout20131858.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution 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:
APPLICANT:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0019
MARK BIRKIN
PLANNER: TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A WINERY (CIDERY AND TASTING ROOM); BED AND
BREAKFAST FACILITY; AND A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PARCEL B REC EXEMPT RE -41; PART E2SE4 SECTION 5, T2N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATLY 0.5 MILES NORTH OF CR 24; WEST OF AND ADJACENT TO
CR 17.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.A. A.Goal 1. Respect and encourage the continuation of agricultural land
uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture.
A. Policy 1.1 Establish and maintain an agricultural land use designation to promote the
County's agricultural industry and sustain viable agricultural opportunities for the future.
A. Policy 1.2 Support the development of create policies for landowners to voluntarily
conserve agricultural land.
A. Policy 1.4 Recognize the changing dynamics of agricultural land uses, their locations
and the size and scope of operations when developing land use regulations.
A. Policy 1.5 Support and entice agriculturally related businesses and processing
facilities.
Section 22-2-20.B. A.Goal 2. Continue the commitment to viable agriculture in Weld County
through mitigated protection of established (and potentially expanding) agricultural uses from
other proposed uses that would hinder the operations of the agricultural enterprises.
A. Policy 2.2. Allow commercial and industrial uses, which are directly related to or
dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production.
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 2
A. Policy 2.3. Encourage development of agriculture and agriculturally related
businesses and industries in underdeveloped areas where existing resources can
support a higher level of economic activity. Agricultural businesses and industries
include those related to
B. ranching, confined animal production, farming, greenhouse industries, landscape
production and agri-tainment or agri-tourism uses.
Section 22-2-20.G. A.Goal 7. County land use regulations should protect the individual
property owner's right to request a land use change.
A. Policy 7.1 County land use regulations should support commercial and industrial uses
that are directly related to, or dependent upon, agriculture, to located within the
agricultural areas, when the impact to surrounding property will be minimal, or can be
mitigated, and where adequate services are currently available or reasonably obtainable.
The applicant is proposing an orchard and cidery to make hard apple cider on site. This
includes the planting of approximately 10 acres of orchard and utilizing an existing 5000
square foot metal building to be used in the processing and packaging of the cider. In
addition, the applicant is proposing seasonal cidertastings and small event venue from May
to September. The proposed indoor tasting and event rooms and bed and breakfast are
components of the applicant's long term goals for future expansion and are dependent upon
the success of the cider production. The bed breakfast will be an amenity for event venues.
The planting of an orchard supports the continuation of agricultural uses on the property and
reintroduces the viability of a successful agricultural enterprise. The cider tastings and event
venue are a natural extension of the orchard. The cidery promotes the diversification of
agriculture in the County and the need to recognize the changing dynamic of agricultural
operations by transitioning from a livestock based processing facility to a farming based
processing facility. An economically feasible conversion of the 5000 square foot goat milk
processing facility to a cider processing facility allows for creative business opportunities
while conserving prime agricultural land. Seasonal events will be located to take advantage
of the views to the west while minimizing impacts to the neighbors, as well as the processing
facility operations, with a strategic location within the 10 acre orchard. The bed and breakfast
expansion will encourage development of an agriculturally related businesses in an
underdeveloped areas where existing resources can and will support a higher level of
economic activity in the future..
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.C.8, U., S. and II. of the Weld County Code provides for A
Site Specific Development Plan And Use By Special Review Permit for a Winery (Cidery and
Tasting Room); Bed and Breakfast Facility; and a Use Permitted as a Use By Right, an
Accessory Use, or a 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 lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Directly north and adjacent to the site is a vacant 75 acre parcel of
cultivated agricultural land. To the west of that parcel, is a 66 acre parcel annexed to the
Town of Firestone and shown as Mixed Use Development on Firestone's Land Use Map. To
the south and west are rural residential properties zoned Agriculture. Directly east and
adjacent to the property is approximately 270 acres annexed to the Town of Firestone also
shown as Mixed Use Development. No phone calls or other correspondence was received
from surrounding property owners regarding the proposed application.
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 3
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Town of Firestone, The Town
of Mead and the Town of Frederick. The Town Firestone and the Town of Mead did not
provide any referral comments however, the Town of Firestone has issued Street Access
Permit No. 2013-01 for the proposed cider production facility. In the Town of Frederick's
referral comments dated April 11, 2013, they indicated that they have no comments as the
property lies outside of the towns planning area.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is designated as
"Prime" by the USDA Soil Conservation Service. The proposed use will not remove any
additional agricultural land from production. The agricultural activities on the property are an
important part of the proposed use.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Mountain View Fire Rescue,
as stated in the referral response dated April 22, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services) (condition met 7/3/13)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR13-0019 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 4
D. The future building expansion shall be labeled with proposed uses (food storage areas,
tasting room(s), event center room(s) etc.
E. The location of accessory structures (bed and breakfast, dressing rooms etc) shall be
identified and labeled on plat.
F. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights -of -way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
G. County Road 17 is designated on the Weld County Road Classification Plan as a local road,
which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate
on the plat the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by the Town of Firestone. Access
Permit Number 2013-01 has been issued by the Town of Firestone to access from County
Road 17. (Department of Public Works)
H. The plat shall delineate the approved Lighting Plan. (Department of Planning Services)
The applicant shall delineate the location of any signage associated with the facility (free
standing or building mounted) per Chapter 23, Article IV, Division 2 Signs (also Appendix 23-
C, D,E) of the Weld County Code. Additionally, one vintage vehicle may be used as entry
feature signage and shall meet all setback and offset requirements. (Department of Planning
Services)
3. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
5. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB)... The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a�co.weld.co.us. (Department of Planning Services)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. (Department of Public Works)
7. Prior to the Release of Building Permits:
A. The applicant shall submit a Change of Use application for the 5000 square foot processing
building. ( Weld County Building Department)
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 5
B A septic permit(s) will be required for future building additions. The septic system is required
to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. The septic shall be installed according to
the Weld County Individual Sewage Disposal Regulations.
C. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage
Absent
Bill Hall
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 July 2, 2013.
Dated the 2nd of July, 2013.
Digitally signed by Kristine
Ranslem
Date: 2013.07.09 11:41:07 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mark Birkin
USR13-0019
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0019 is for a Winery
(Cidery and Tasting Room); Bed And Breakfast Facility; And A Use Permitted As A Use By Right, An
Accessory Use, Or A 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 lots part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on -site employees shall be limited to 5 full time employees and 4 part time employees
(approximately 8 days per month) as stated in the application. (Department of Planning Services)
4. One vintage type vehicle may be used as entry feature signage and shall meet all setback and offset
requirements. (Department of Planning Services)
5. The hours of operations for the cidery shall be limited to 7:00 am — 8:00 pm Monday — Saturday
except during harvest (September to November). Hours of operation during harvest will be dawn to
dusk. Outdoor cidertastings will be limited to 2:00 pm - 8:00 pm Monday - Saturday. Event venues
will be limited to 6 months and shall be held between10:00 am — 10:00 pm Monday -Sunday.
(Department of Planning Services)
6. In the event food is prepared and/or stored on site the applicant shall comply with the Colorado Retail
Food Establishment Regulations. The design plans for the food service facility shall be submitted to
the Consumer Protection Division of Weld County Environmental Health Services for review and
approval for licensing. (Department of Public Health and Environment)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
11. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by
odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility. (Department of
Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 7
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
16. Portable toilets and hand wash units may be utilized for patrons during the seasonal outdoor events (6
months or less). Records of maintenance and proper disposal for portable toilets shall be retained on
a quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers.
17. If applicable, the applicant shall obtain a discharge permit for the cidery processing facility (Standard
Industrial Classification 2085) from the Colorado Department of Public Health & Environment, Water
Quality Control Division. (Department of Public Health and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
19. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments (6 CCR 1010-2). (Department of Public Health and
Environment)
20. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
23. The off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
24. Weld County will not maintain on -site drainage related areas or medians. (Department of Public
Works)
25. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
26. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
27. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 8
30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR13-0019
MARK BIRKIN
PAGE 9
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
iru/de3
Pa
l /13
Mr. Maxey inquired about the possibility of explosion. Dan Summer, Noble Energy, 1625 Broadway,
Denver, Colorado, stated that he is not aware of any blast containment plan for this facility but that they
would be prepared to do that before the Board of County Commissioner's hearing.
Ms. Hansen reviewed the improvements agreement with all of the traffic triggers in place.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0022 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER: USR13-0019
APPLICANT: BIRKIN MARK
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A WINERY (CIDERY AND TASTING ROOM); BED AND
BREAKFAST FACILITY; AND A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PARCEL B REC EXEMPT RE -41; PART E2SE4 SECTION 5, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATLY 0.5 MILES NORTH OF CR 24; WEST OF AND ADJACENT
TO CR 17.
Tiffane Johnson, Planning Services, presented Case USR13-0019, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards. Ms. Johnson noted that
Condition of Approval 1.A has been met as she received a letter from the Fire District stating that they
worked out their concerns with the applicant.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Adam Grove, 11455 CR 17, Firestone, Colorado, stated that Ms. Johnson did a great job explaining their
proposal. Mr. Grove said that they do not have all of the state licenses yet, but once approved they will
start production.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Robert Grand, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
b
.o
EXHIBIT
i►J
- rAflg
Al)/
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0028
KERR-MCGEE GATHERING LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE; INCLUDING OIL AND GAS PROCESSING FACILITIES AND
RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET.
AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
PT NW4 SECTION 14, T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 22; 0.5 MILES WEST OF CR 23.
Kim Ogle, Planning Services, presented Case USR13-0028, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett stated that Development Standard 9 should be
amended to replace "industrial" with the "non -specified" noise level.
Motion: Amend Development Standard 9 as stated by staff, Moved by Benjamin Hansford, Seconded
by Nick Berryman. Motion passed unanimously.
Nathan Keiser, Anadarko Petroleum, 1099 18th St, Denver Colorado, stated that this location fits in with
the rest of their gathering system and helps to reduce traffic in the area. The nearest inhabitable
structure is approximately 800 feet from this facility and they feel their noise abatement plan takes this
residence into consideration.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0028 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
The Chair called a recess at 2:58 pm and reconvened the hearing at 3:10 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR13-0024
ROBERT EHRLICH, O/O JEFF CHILDS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND 25 DOGGIE DAY
CARE FOR A MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED AS A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (VETERINARY
CLINIC, DOG GROOMING, AND RETAIL SALES OF DOG FOOD, SUPPLIES,
4
Hello