HomeMy WebLinkAbout20131857.tiffRESOLUTION
RE: APPROVE 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, CIO ADAM GOROVE
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, the Board of County Commissioners held a public hearing on the 24th day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Mark Birkin, c/o Adam Gorove, 11455 County Road 17, Firestone,
Colorado 80504, 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, on the following described real
estate, being more particularly described as follows:
Parcel B of Recorded Exemption, RE -41; being part
of the E1/2 SE1/4 of Section 5, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Adam
Gorove, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld
pCounty
�Code as follows:
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A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture."
a) (A. Policy 1.1) states: "Establish and maintain an
agricultural land use designation to promote the County's
agricultural industry and sustain viable agricultural
opportunities for the future."
b) (A.Policy 1.2) states: "Support the development of creative
policies for landowners to voluntarily conserve agricultural
land."
c) (A.Policy 1.4) states: "Recognize the changing dynamics of
agricultural land uses, their locations and the size and
scope of operations when developing land use
regulations."
d) (A.Policy 1.5) states: "Support and entice agriculturally
related businesses and processing facilities."
2) Section 22-2-20.B (A.Goal 2) states: "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) (A.Policy 2.2) states: `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."
b) (A.Policy 2.3) states: "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 ranching, confined animal production, farming,
greenhouse industries, landscape production and
agri-tainment or agri-tourism uses."
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3) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
a) (A.Policy 7.1) states: "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 5,000 square -foot metal building to be used in
the processing and packaging of the cider. In addition, the
applicant is proposing seasonal cider tastings and a small
event venue from May to September. The proposed indoor
tasting, 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 and 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 5,000 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 area where existing resources can, and
will, support a higher level of economic activity in the
future.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses. Directly north of, 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
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residential properties zoned Agriculture. Directly east of, 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.
D. Section 23-2-230.B.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 Towns of Firestone, Mead and Frederick. The
Town of 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 referral comments, dated April 11,
2013, the Town of Frederick indicated no comments, as the property lies outside
of the town's planning area.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of
the Weld County Code. T Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program,
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 23-2-230.B.7 -- 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 the health, safety, and welfare of the inhabitants
of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
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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. (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.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code.
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.
G. County Road (CR) 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.
H. The plat shall delineate the approved Lighting Plan.
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.
3. Upon completion of Condition of Approval #1 and #2 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
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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 and additional
requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services.
The applicant shall be responsible for paying the recording fee.
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.
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 or ArcGIS 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@co.weld.co.us.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Grading Permit will be required
prior to the start of construction.
7. Prior to the Release of Building Permits:
A. The applicant shall submit a Change of Use Application for the 5,000 square -foot
processing building.
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 Systems (I.S.D.S.)
Regulations. The septic shall be installed according to the Weld County I.S.D.S.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of July, A.D., 2013.
BOARD O COUNTY COMMISSIONERS
WELD Y, COLORADO
ATTEST:
Weld County Cler
BY:
Deputy Clerk to the
APP
ounty Attorney
Date of signature: 1/
William F. Garcia, Chair
C4 7 12Lcr
Douglas Radema her, Pro -Tern
EXCUSED
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK BIRKIN, C/O ADAM GOROVE
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, 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 .
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
The number of on -site employees shall be limited to five (5) full-time employees and four
(4) part-time employees, and seasonal employees are allowed without limitation.
4. One (1) vintage type vehicle may be used as entry feature signage and shall meet all
setback and offset requirements.
5. The hours of operations for the cidery shall be limited to 7:00 a.m. to 8:00 p.m., Monday
through Saturday, except during harvest (September to November). Hours of operation
during harvest will be dawn to dusk. Outdoor cider tastings will be limited to 2:00 p.m. to
8:00 p.m., Monday through Saturday. Event venues will be limited to six (6) months and
shall be held between 10:00 a.m. to 10:00 p.m., Monday through Sunday.
6. In the event food is prepared and/or stored on the 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.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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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.
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.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to I.S.D.S.
16. Portable toilets and hand washing units may be utilized for patrons during the seasonal
outdoor events (six (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 and Environment, Water Quality Control Division.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
19. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments (6 CCR 1010-2).
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.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County will not maintain on -site drainage related areas or medians.
24. 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.
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25. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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