HomeMy WebLinkAbout20110976.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• RppLicawt Robert and Mary Stahl case Nu caber USR-1774
River Garden Winery
Submitted or Prepared
Prior to At
Hearing Hearing
1 ✓ Staff Comments X
'epartment of Planning Services Field Check Form
✓ Planning Commissioner Field Check Form
✓Letter to Applicant
i✓ Affidavit of sign posting
✓Legal Notifications
2V Application X
Maps
✓/Deed/ Easement Certificate
/ Surrounding Property/ Mineral Owners
/Utilities
• 3/Referral List X
L- Referrals without comment
eld County Zoning Compliance, referral dated January 28, 2011
City of Fort Lupton, referral dated March 7, 2011
4 Referrals with comments X
/ Weld County Department of Environmental Health, referral dated January 25,
l 2011 and February 24, 2011
1 / Department of the Army, Corps of Engineers, electronic referral dated
✓ ,January 28, 2011
✓ Weld County Department of Public Works, referral dated February 24, 2011
t/ Weld County Department of Building Inspection referral dated February 25,
2011
/ Fort Lupton Fire Protection District, electronic referral dated February 25,
✓ 2011
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• 1861 - 2011
LAND USE APPLICATION
SUMMARY SHEET
WELD,-COUNTY
Planner: Kim Ogle
Case Number: USR-1774 Hearing Date: April 5, 2009
Applicant: Robert and Mary Stahl
Request: A Site Specific Development Plan and Special Review Permit for a Winery (River Garden
Winery) in the (A)Agricultural Zone District.
Legal: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of Section 18
T2N, R66W of the 6th P.M., Weld County Colorado
Location: Approximately 0.5 Miles North of CR 20 Section Line; East of and adjacent to CR 25
Parcel Id#: 1309-18-0-01-003 Acres: +/-23
• POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses with comments from the following
agencies:
▪ Weld County Department of Environmental Health, referral dated January 25, 2011 and
February 24, 2011
• Department of the Army, Corps of Engineers, electronic referral dated January 28, 2011
• Weld County Department of Public Works, referral dated February 24, 2011
• Weld County Department of Building Inspection referral dated February 25, 2011
• Fort Lupton Fire Protection District, electronic referral dated February 25, 2011
• State of Colorado Historical Society, referral dated February 28, 2011
• State of Colorado Historical Society, referral dated February 28, 2011
The Department of Planning Services' staff has received responses with without comments from the
following agencies
• Weld County Zoning Compliance, referral dated January 28, 2011
• City of Fort Lupton, referral dated March 7, 2011
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
• o Colorado Division of Wildlife
Kerr-McGee OnShore, LP EXHIBIT
• Platte te o Soil Conservation District
I• State of Colorado Department of Public Health
River Garden Winery,U5R-1774,page 1
1861 - 2011
W E L % O U N T Y SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR-1774 Hearing Date: April 5, 2009
Applicant: Robert and Mary Stahl
Request: A Site Specific Development Plan and Special Review Permit for a Winery (River Garden
Winery) in the (A)Agricultural Zone District.
Legal: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of Section 18
T2N, R66W of the 6th P.M., Weld County Colorado
Location: Approximately 0.5 Miles North of CR 20 Section Line; East of and adjacent to CR 25
• Parcel Id#: 1309-18-0-01-003 Acres: +/- 23
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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. (Weld County Code Ordinance 2002-6; Weld County
Code Ordinance 2008-13) 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; Section 22-2-20.B.2.
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.
Section 22-4-30.A.2. WA.Policy 1.2. Encourage land use applications that support the
return of adjudicated waters to agricultural land for agricultural use. Further, Section 22-
4-30.C. 1 WA.Policy 3.1. Encourage using low- water-use plants and water conservation
• techniques . . . .
Finally, Section 22-6-20.C. WA.Goal 3. County residents are encouraged to conserve
water. Section 22-6-20. A. ECON.Goal 1. Encourage the expansion of existing
businesses and the location of new industries that will provide employment opportunities
River Garden Winery,USR-1774,page 2
in the County, and Section 22-6-20. A. 2. ECON.Policy 1.2. Promote the expansion and
• diversification of the commercial economic base to achieve a well-balanced commercial
sector in order to provide a stable tax base and a variety of job opportunities for County
citizens.
The applicant is proposing a Winery with existing vineyards and tasting room to educate
the public on the wine-making process. The activity of growing grapes is directly related
to the existing agriculture on the property with the new winery/ tasting room building
being a natural extension of the vineyard. The vines are grown on well drained soils from
post mining reclamation. Water for irrigating the vineyard is by senior water right and a
non-tributary well this is both permitted and decreed. The portion that is not pumped is
banked for future use. The winery promotes the diversification of agriculture in the
County.
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 of the Weld County Code provides for a
Winery as a Use by Special Review 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.
The site is surrounded by agriculture and aggregate mining activities. The property under
review here was formerly mined for gravel by Weld County; the property to the south was
also mined by the County. The land on the west is currently being mined by Pioneer
Sand and Gravel Company (SW Chambers aka Heit Mine — USR-1444 ) Lands to the
North are in agriculture with oil and gas encumbrances. Lands to the east are in
agricultural (vineyard) production and lands farther east are bisected by the South Platte
River and to the South are single family residences on larger tracts of land.
• 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 facility is within the three mile referral areas for the City of
Fort Lupton. The City of Fort Lupton responded to the referral request stating no conflict
with their interests on March 7, 2011.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/
Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.5 -- The site is located within the Flood Overlay District. The entire
parcel is designated Zone A on Flood Insurance Rate map (FIRM) Panel 080266-0866C
dated September 28, 1982. Amended Flood Hazard Development Permit number
AMFHDP-117 was conditionally approved on May 28, 2010. .
G. 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.
H. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
River Garden Winery,USR-1774,page 3
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1774. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 25 is designated on the Weld County Road Classification Plan as a
local paved road, which requires an 60-foot right-of-way at full build out. There is
presently sixty feet of right-of-way. A total of 30 feet from the centerline of County
Road 25 shall be delineated on the plat. This road is maintained by Weld County.
(Department of Public Works)
• 5) The location of the FEMA mapped 100-year Floodplain and Floodway, as
applicable. (Department of Planning Services)
6) A graphic key and or symbol serving to identify each component that is located
within the USR Boundary. The key and corresponding component shall be
summarized in tabular format and be clearly delineated on the plat.
(Department of Planning Services)
7) The applicant shall delineate the locations of all Stop signs. (Department of
Planning Services)
8) This parcel is located within the FEMA mapped Zone A 100-Year Floodplain
and/or possibly the floodway. Weld County Code prohibits the construction of
buildings within the floodway. The applicant has received conditional approval
for AmFHDP-117 for the winery building. (Department of Public Works)
9) The plans submitted with the USR application show the parts of the winery
building (1st floor and loading dock) with elevations below the Base Flood
Elevation. These elevations will need to be revised so that they are above the
established BFE of 4850.5 feet NGVD-29. (Department of Public Works)
10) The applicant shall delineate all exterior lights associated with the Winery and
Tasting Room structure, as approved by the Department of Planning Services.
(Department of Planning Services)
11) The applicant shall delineate the location any sign associated with this facility, as
approved by the Department of Planning Services. (Department of Planning
• Services)
12) The applicant shall delineate the location of the trash dumpster. (Department of
Planning Services)
River Garden Winery,USR-1774,page 4
• B. The applicant shall submit evidence that the construction of new structures, including
access roads, parking areas are not subject to Section 404 of the Clean Water Act.
(Department of Planning Services)
C. The applicant shall furnish written evidence of compliance with all Sections of Article I,
Section 12-1-10 through and including Section 12-1-90 of the Weld County Code.
Written evidence of compliance with all conditions met or mitigated shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld County
Department of Public Health & Environment. (Environmental Health)
E. The installation of the septic system shall comply with the Weld County I.S.D.S. flood
plain regulations. No septic system shall be installed within a floodway. (Environmental
Health)
F. In the event the septic system requires a design capacity of over 2,000 gallons of sewage
per day the applicants shall provide evidence that all requirements of the Water Quality
Control Division (WQCD) of the Colorado Department of Public Health and Environment
(specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public Health and
Environment. Alternately, the applicant can provide evidence from the WQCD that they
are not subject to these requirements. (Environmental Health)
• G. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)
from the Water Quality Control Division of the Colorado Department of Health and
Environment for any proposed discharge into State Waterways, if applicable.
(Environmental Health)
H. The applicant shall submit written evidence from the Colorado Division of Water
Resources demonstrating that the well is appropriately permitted for the commercial use.
(Environmental Health)
In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). Evidence shall be provided to the Weld County Department of Public Health
and Environment that the system complies with the Regulations. (Environmental Health)
J. 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). Alternately, the applicant can provide evidence from the EPA that they are not
subject to the EPA Class V requirements. (Environmental Health)
K. The applicant shall address the concerns of the Fort Lupton Fire Protection District as
stated in their referral dated February 25, 2011. Evidence of approval with all conditions
met or mitigated shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
L. The applicant shall submit a Lighting Plan to the Department of Planning Services for
review and approval. At a minimum, information shall be provided concerning lamp type
• and construction/ installation of said device. (Department of Planning Services)
M. The applicant shall submit a Sign Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
River Garden Winery,USR-1774,page 5
N. Water will be supplied by an existing individual well (Permit #41068-F) and is permitted
•
for domestic and stock uses. The well may not be sufficient for business usage. Written
documentation from the State Division of Water Resources is required to verify the well is
appropriately permitted for the proposed use. (Environmental Health)
O. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. Septic
Permit SP-1000128 must receive final approval from Environmental Health Services.
(Environmental Health)
Upon completion of 1. above 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 Department of Planning Services' Staff. 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 thirty (30) 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)
The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
dhuertereco.weld.co.us (Department of Planning Services)
2. Prior to the Release of Building Permits:
• A. The plans submitted with the USR application show the parts of the winery building Om
floor and loading dock)with elevations below the Base Flood Elevation. These elevations
will need to be revised so that they are above the established BFE of 4850.5 feet NGVD-
29. Please provide a revised site plan showing the First Floor and the Loading Dock
above a base flood elevation of 4850.5 NGVD-29. (Public Works)
3. Prior to the issuance of the Certificate of Occupancy:
A. The applicant must also comply with the provisions of the FHDP including providing
elevation certificates for the top of foundation and prior to Certificate of Occupancy as
well as providing as-built drawings. (Public Works)
4. Prior to operation:
A. The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat; or, the applicant may
submit evidence that all the work has been completed and approved by County staff.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required thirty (30) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each
additional 3 month period. (Department of Planning Services)
6.. The Special Review activity shall not occur nor shall any building or electrical permits be issued
• on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
River Garden Winery,USR-1774,page 6
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert and Mary Stahl dba River Garden Winery
USR-1774
1. The Site Specific Development Plan and a Special Review Permit for a Winery in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (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 facility shall maintain compliance with 12-47-403 C.R.S. Limited Winery License, and 12-47-
403.5 C.R.S., Wine Festival Permit, at all times. (Department of Planning Services)
4. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
7. 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". (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
9. 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)
10 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
• 13. Bottled water shall be utilized for drinking during construction of the project. (Department of
Public Health and Environment)
River Garden Winery,USR-1774,page 7
14. In the event the facility's water system serves more than 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
•
Evidence shall be provided to the Weld County Department of Public Health and Environment
that the system complies with the Regulations. (Department of Public Health and Environment)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. . (Department of
Public Health and Environment)
16. 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)
17. This application is proposing a well(s) as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State Engineer,
Division of Water Resources, the quantity of water available for usage may be limited to specific
uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater
may not meet all drinking water standards as defined by the Colorado Department of Public
Health and Environment. We strongly encourage the applicant test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
18. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
20. No parking or staging of vehicles on the county road is allowed. Use on-site parking area.
• (Department of Public Works)
21. The applicant shall comply with the provisions of the Flood Hazard Development Permit
(AmFHDP-117). (Department of Public Works)
22. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel # 130918001003 may not be able to
obtain building permits to construct structures. All construction or improvements occurring in the
floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel
Map #8082660-0863C dated September 28, 1982, shall comply with the Flood Hazard Overlay
District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
(Department of Public Works)
23. Flood hazard development permits will be required for development activities located within the
FEMA mapped South Platte River Floodplain. (Department of Public Works)
24. The installation of any septic system within the 100-year floodplain shall comply with the Weld
County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations,
no septic system shall be installed within the floodway. (Department of Public Works)
25. Future development occurring within the floodplain shall be in compliance with the floodplain
codes in effect at that time. (Department of Public Works)
26. Ingress and egress to the facility shall be from the existing access along Weld County Road 25.
(Department of Public Works)
• 27. A plan review is required for each building for which a building permit is required. Two complete
sets of plans are required when applying for each permit. Include a Code Analysis Data sheet
provided by the Weld County Building Department with each Building permits submittal plans
shall include a floor plan showing the specific uses of each area for the building. The Occupancy
River Garden Winery,USR-1774,page 8
Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans
shall also include the design for fire separation and occupancy separation walls, when required
• by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to
Chapter 9 and exiting requirements by Chapter 10. (Building Inspection)
28. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006
International Fuel Gas Code; 2006 International Energy Conservation Code and the 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
29. All building plans shall be submitted to Fort Lupton Fire District Fire District for review and
approval prior to issue of building permits. (Fort Lupton Fire District Fire District)
30. The Tasting Room hours are 11AM until sunset or 5PM if sunset is prior.
31. Special Event hours are 8AM until 11 PM.
32 The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33 The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
34 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.
• (Department of Planning Services)
35. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
36. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
37. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
38. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall
apply to all temporary and permanent signs. (Department of Planning Services)
39 The 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.
40 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.
•
River Garden Winery,USR-1774,page 9
1 8 6 I - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
6 FAX: (970) 304-6498
WELD--COUNTY
u
March 7, 2011
Robert&Mary Stahl
9378 CR 25
Ft. Lupton CO 80621
Subject: USR-1774- A Site Specific Development Plan and Use by Special Review Permit for a Winery in the A
(Agricultural)Zone District on a parcel of land described as Part of Lot 5, West of River, Lupton Division 1, being part
of the NW4SW4 of Section 18,T2N, R66W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 5, 2011, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A
subsequent hearing will be held on April 20, 2011 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended
•
that you and/or a representative be in attendance to answer any questions the Planning Commission members or
Board of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral
estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning
Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission and will be included in the staff report one week prior to the scheduled Planning
Commission hearing. You may view the staff report at
http://www.co.weld.co.us/Departments/Plan ningZoni nq/Planni nciDepartment/index.html
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed theby thiorioef Random
Reasona am the author of this document
Location:1555 N 17th Ave
Date:2011.03.0713:28:03-0700'
Kim Ogle
Planner
•
PLANNING COMMISSION AND BOARD OF COUNTY
• COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MARCH 25, 2011 , THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A WINERY IN THE (A)
AGRICULTURAL ZONE DISTRICT IN THE A(AGRICULTURAL)ZONE DISTRICT. ROBERT AND
MARY STAHL, DBA RIVER GARDEN WINERY
M 6e,w.
Name of Person Posting Sign
• Sign re of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD ) f�-1
The foregoing instrument was subscribed and sworn to me thb .},,
r day of ! L I , 2011
WITNESS my hand and official seal.
iCtili0();)7)1(61'- I BILLIE J. MOORE 1.
Notary Public NOTARY PUBLIC
STATE OF COLORAr--)
My Commission Expires:
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FIELD CHECK Inspection Date:
APPLICANT: Robert and Mary Stahl CASE#: USR-1774
REQUEST: A Site Specific Development Plan and Special Review Permit for a Winery in the (A) Agricultural Zone
District.
LEGAL: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of Section 18 T2N, R66W of the
6'^P.M.,Weld County Colorado
LOCATION: 0.5 Miles North of CR 20 Section Line;East of and adjacent to CR 25
PARCEL ID#: 1309-18-0-01-003 ACRES: +/-23
Zoning Land Use
N Agriculture N Agricultural lands
E Agriculture E South Platte River/Agricultural lands
S Agriculture S Sup 426 Koenig Mine
W Agriculture W USR-1444 SW Chambers Gravel Mine
Property Owner: City and County of
Broomfield
Comments:
Signature — Kim Ogle
❑ House(s) ❑ Derelict Vehicles
❑ Outbuilding(s) ❑ Non-commercial junkyard (list components)
o Access to Property ❑ Oil & Gas Structures
o Ditch o Utilities
o Site Distance
o On-Site (transmission lines)
Note any commercial business/commercial vehicles that are operating from the site.
RECEIVED
FIELD CHECK FEB 25 2011
Weld County raining Department
GREELEY OFFICE
CASE NUMBER: USR-1774 DATE OF INSPECTION:
APPLICANT'S NAME: Robert &Mary Stahl
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Winery in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 5,West of River, Lupton Division 1, being part of the NW4SW4 of
Section 18, T2N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: 0.5 miles north of CR 20 Section Line; east of and adjacent to CR��/255.
LAND USE: 1.A\-1n./9 �� /� iGC > ket
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
Kim Ogle
F•nm: Mary Evett
Thursday, March 17, 2011 2:31 PM
To: Kim Ogle
Cc: bob.stahl@wildblue.net
Subject: FW: USR-1774
Attachments: image003.png; USR_wastehandlingnarrativeV2.docx; USR follow-up on wastewater.doc;
image004.png; IndustrialSWapplication.pdf
Kim,
Here are my comments regarding Mr. Stahl's submittals for EHS review:
1. Condition #8 regarding the waste handling plan has been met.
2. Condition #4 regarding a discharge permit from CDPHE has not been met. I researched the CDPHE's
webpage regarding discharge permits and noted that SIC 20 (food and kindred products), which includes wine
making (SIC 2084), is covered under light industry requiring a discharge permit. See the PDF attachment for
the permit application for stormwater discharges and list of industries covered.
Have a good day.
Mary Evett
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 N 17th Ave
?.ley. CO 80631
tei: 970-304-6415, Extension 2216
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: Lauren Light
Sent: Thursday, March 17, 2011 8:50 AM
To: Mary Evett
Subject: FW: USR-1774
I didn't know if you got this or not
Lauren Light, M.B.S.
'ronmental Planner, Environmental Health Services
County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
i
2 0 ( I DEPARTMENT OF PLANNING SERVICES
1 8 6 1 1555 N 17th AVE
GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX: (970)304-6498
WELD -COUNTY
January 28, 2011
Robert& Mary Stahl
9378 CR 25
Ft. Lupton CO 80621
Subject: USR-1774- Request for a Site Specific Development Plan and Use by Special Review Permit
for a Winery in the A (Agricultural) Zone District on a parcel of land described as Part of Lot 5,
West of River, Lupton Division 1, being part of the NW4SW4 of Section 18, T2N, R66W of the
6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will
schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of
the property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning
Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative
be in attendance at the Ft. Lupton Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
Digitally signedm thea Kristine rf Rahis om
Reasona document
amtheauthorthis
Location:1555 N 17th Ave
Date:2011.01.28 09:09:53-07'00'
Kim Ogle
Planner
Kristine Ranslem
-nom: Kristine Ranslem
int: Friday, January 28, 2011 11:35 AM
To: 'bob.Stahl@wildblue.net'
Subject: Case USR-1774
Attachments: Applicant letter.pdf
Please see the attached letter. If you have any questions, please let us know. Thank you!
Krost[vue Rc vSLew.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
1
Kim Ogle
From: Mary Evett
,ent: Thursday, January 27, 2011 8:41 AM
To: Kim Ogle
Subject: Stahl winery septic system SP-1000128
Kim,
Weld County Board of Health approved the referenced septic permit on 1/25/2011. It is in Accela as "approved
to issue".
Mary Evett
Environmental Health Services
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Office #: 970-304-6415, Extension 2216
Fax#: 970-304-6411
1
a
Kit
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17t Avenue
II D' Greeley, Colorado 80631
C E: www.co.weld.co.us
O E-MAIL:MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
COLORADO
• FAX (970) 304-6498
December 20, 2010
Robert and Mary Stahl
9378 County Road 25
Fort Lupton, Colorado 80621
Subject: Completeness Review of Land Use Application
Special Use Permit for a Winery, specifically the River Garden Winery
Dear Robert and Mary Stahl:
The Departments of Planning Services, Building Inspection, Environmental Health and Public
Works have completed their review of the documents submitted for review post pre-application
meeting held in the offices of the Department of Planning Services on February 19, 2010.
This letter serves as a joint response from all County departments on the completeness of the
submitted materials prior to accepting the application and the application fee.
The Department of Planning Services reviewed the Questionnaire component of the submitted
materials and the supplemental materials and offers the following comments.
The submitted materials did not include an original signature with a current Certificate of
Conveyance for the property under review. Please submit a signature in blue ink for this
document.
The application fee is twenty-five hundred (2500) dollars for a winery permitted as a Use by
Special Review under Section 23-3-40.11 of the Weld County Code. The uses allowed will
adhere to the language outlined in Title 12, Article 47 Colorado Revise Statutes, specifically, 12-
47-403 Limited Winery license.
The Department of Building Inspection will require building permits prior to construction of all
temporary and permanent facilities.
The Department of Environmental Health returned a referral dated December 17, 2010
requesting additional information specific to the following:
1. Waste handling plan will be required. The plan should include how the composted
material will be stored, managed, land applied, et cetera;
2. Dust abatement plan will be required;
3. A septic permit for an engineer designed septic system has been applied for and is
pending approval by the Weld County Board of Health (BOH). The permit was presented
to the BOH at the 11/23/20 hearing, and the BOH tabled their decision to approve the
permit. The applicant's engineer will be present at the next BOH hearing on 1/25/10 to
present the proposed septic design and answer any questions the BOH may have
regarding the design and their concerns of environmental impacts;
4. The applicant is proposing to hold events such as wedding receptions, holiday parties
and meetings. Will food be provided at these events? If so, will food be prepared on-site
or will it be catered? Will there be a kitchen in the building? What sanitary facilities will be
provided for these events? A Retail Food Establishment license may be required. Also,
the proposed septic system design may need to be re-evaluated by the engineer for the
addition of food being served. If the septic design capacity exceeds 2000 gallons per
day, then system will require Site Application review by the Colorado Department of
Public Health and Environment;
5. The existing well is permitted for domestic use. Will need documentation from the
Colorado Division of Water Resources that the existing well is approved for commercial
use;
6. If the well serves greater than 25 persons per day, the well shall comply with the
Colorado Primary Drinking Water Regulations;
7. Applicant will need to contact the Colorado Department of Public Health and
Environment regarding whether a Discharge Permit will be required for composting and
land applying the process wastewater from the wine making process.
The Department of Public Works in their referral dated December 13, 2010 states Public Works
has adequate materials to review this submittal. Further, staff has reviewed the 7-Day
Completeness Review documents and looked for five critical items:
✓ Site Plan — Submitted
Traffic Study— Not Required—A traffic narrative has been submitted.
➢ Preliminary Drainage Report—Not Required— The Flood Hazard Development Permit has
been submitted.
✓ Geotechnical Soils Report— Not Required
Flood Hazard Development Standards — In a FEMA Floodplain. A Flood Hazard
Development Permit has been submitted.
This phase of the planning process is a content review of the submitted materials, NOT a technical
review. Comments made during this phase of the process will not be all-inclusive. The Public Works
Department will perform a detailed technical review of the project once the submittal application is
deemed acceptable and is promoted to the review phase of the planning process.
This concludes Public Works evaluation of the submitted materials. This office will proceed with
the application when the issues here have been addressed.
Should you have additional questions or require clarification on any of the points presented
herein, please contact this office. Thank you.
mcerely,
Kim
Plannin Services
ec: PA1D-025
Planning Correspondence
D.Carroll, PW
M. Evett, EH
T.Parko,Planning
Weld County Planning Department
GREELEY OFFICE
MEMORANWrw WED
IIITO: Kim Ogle, Planning Services DATE: December 13 2010
g FROM: Heidi Hansen, P.E., Public Works Departmenp4A /
COLORADO SUBJECT: 7-Day Completeness Review—Robert and Mary Stahl
dba River Garden Winery
I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items:
➢ Site Plan— Submitted
➢ Traffic Study—Not Required—A traffic narrative has been submitted.
➢ Preliminary Drainage Report— Not Required— The Flood Hazard Development Permit has been
submitted.
➢ Geotechnical Soils Report—Not Required
➢ Flood Hazard Development Standards — In a FEMA Floodplain. A Flood Hazard Development
Permit has been submitted.
This phase of the planning process is a content review of the submitted materials, NOT a technical
review. Comments made during this phase of the process will not be all-inclusive. The Public Works
Department will perform a detailed technical review of the project once the submittal application is
deemed acceptable and is promoted to the review phase of the planning process.
Public Works has adequate materials to review this submittal.
pc: 7-Day Completeness, Stahl Winery
M:\PUNNING—DEVELOPMENT REVIEW\7-DayCompletenessReviews\2010\Stahl Winery 7-Day.docx
• , I -' ll L5 I
7-Day Completeness Review UEC - f �I �'
�
WELD COUNTY PUBLIC WORKS DEPT
Applicant: Robert and Mary Stahl dba River Garden Winery
Case#: USR-PENDING
Request: A Site Specific Development Plan and Special Review Permit for a
Winery; and uses allowed by right in the (C-1) Neighborhood
Commercial Zone District (Restaurants, not including those having a total
customer seating capacity of more than one hundred (100) and not
including restaurant operations including the delivery of food or
beverages to customers' vehicles on the premises or restaurant
operations that are predominantly off-premises consumption in nature);
and accessory uses similar to retail sales, when accessory to uses of
manufacturing, fabricating or assembling in the A (Agricultural) Zone
District.
Legal Description: All that part of Lot 5, West of River, Lupton Division 1; Part NW4SW4 of
Section 18, T2N, R66W of the 6th P.M Weld County, Colorado
Location: 0.25 Miles North of County Road 20 Section Line, and East of and
adjacent to CR 25
Size of Parcel: 23 +/-acres Parcel Number: 1309-18-0-01-003
RETAIN PACKET AS ENTIRE APPLICATION
Public Works ❑ Health ❑ Building ❑ Planning
Comments:
Date: December 7, 2010 Comments Due No Later than December 17, 2010
Questions, call, thanks Kim, x 3549
Reference Code Sections 23-3-40.FF Winery
Reference Code Sections 23-3-210.8.2 Restaurants
Reference Code Sections 23-3-310.C.6 Retail Sales, when accessory to uses
7-Day Completeness Review
Applicant: Robert and Mary Stahl dba River Garden Winery
Case#: USR-PENDING
Request: A Site Specific Development Plan and Special Review Permit for a
Winery; and uses allowed by right in the (C-1) Neighborhood
Commercial Zone District (Restaurants, not including those having a total
customer seating capacity of more than one hundred (100) and not
including restaurant operations including the delivery of food or
beverages to customers' vehicles on the premises or restaurant
operations that are predominantly off-premises consumption in nature);
and accessory uses similar to retail sales, when accessory to uses of
manufacturing, fabricating or assembling in the A (Agricultural) Zone
District.
Legal Description: All that part of Lot 5, West of River, Lupton Division 1; Part NW4SW4 of
Section 18, T2N, R66W of the 6th P.M Weld County, Colorado
Location: 0.25 Miles North of County Road 20 Section Line, and East of and
adjacent to CR 25
Size of Parcel: 23 +/-acres Parcel Number: 1309-18-0-01-003
RETAIN PACKET AS ENTIRE APPLICATION
❑ Public Works ❑ Health Building ❑ Planning
Comments: y/(� A
Date: December 7, 2010 Comments Due No Later than December 17, 2010
Questions, call, thanks Kim, x 3549
Reference Code Sections 23-3-40.FF Winery
Reference Code Sections 23-3-210.B.2 Restaurants
Reference Code Sections 23-3-310.C.6 Retail Sales, when accessory to uses
tot
,11,A
a 41146PUBLIC WORKS DEPARTMENT
1111 H STREET,P.O. BOX 758
GREELEY, COLORADO 80632
' WEBSITE: WWW.CO.WELD.CO.US
C. PHONE: (970)356-4000,EXT. 3750 -
FAX: (970) 304-6497
COLORADO
May 28, 2010
Robert& Mary Stahl
9378 WCR 25
Fort Lupton, CO 80621
Re: Flood Hazard Development Permit application (AmFHDP-117)—Winery Building
Dear Mr. and Mrs. Stahl,
The Weld County Public Works Department, Planning Services, Building Inspection
Department, and Environmental Health Services have reviewed the submitted Flood Hazard
Development Permit (FHDP) application for the proposed winery building. The current FHDP
application can be conditionally approved at this:time based on the comments and requirements
below.
COMMENTS
Applicant: Robert & Mary Stahl
9378 WCR 25
Fort Lupton, CO 80621
Request: Amended Flood Hazard Development Permit number 117 (AMFHDP-117)
for a proposed winery building in the South Platte River floodplain
Legal Description: Part of Lot 5, Lupton Meadows Division 1 being part of the NW1/4 of the
SW1/4, Section 1.8, T2N, R66W, 6th P.M., Weld County, Colorado.
Location: Generally located 0.25 miles north of WCR 20 and east of and adjacent to
WCR 25
FIRM Community
Panel Map No. 080266-0866C, September 28, 1982
Parcel Number: 1309-18-0-01-003
Department of Plannina Services
Robert and Mary Stahl contacted the County seeking direction on how to proceed with the Stahl
winery to be located on lands described as part of Lot 5, Lupton Meadows Division 1 being part
of the NW1/4 of the SW1/4, Section 18, T2N, R66W, 6th P.M., Weld County, Colorado and
having a situs address of 9378 WCR 25: Fort Lupton, CO. The proposed commercial structures
will be utilized as a support building to the Stahl winery for the storage and production of wine
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M:\PLANNING-DEVELOPMENT REVIE'FHDP-Flood Hazard DrvMopment PaeniMm117 Robert&Mary Stahl W,n.ryWnFHDP-117 Bob Stahl Winery Conditional
Approval 05-28-10.doc
1
with the potential for a commercial kitchen and conference/banquet facilities on the second
floor.
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Building Department
Item B10 of the pre-construction elevation certificate shows the top of the basement floor to be
elevated a minimum of one foot above the base flood elevation (BFE).
Please refer to the REQUIREMENTS section of this memorandum for specific instructions.
Public Works Department
An FHDP was submitted to and received by Weld County for review on October 27, 2009, by
Jeff Sickles, P.E. from Enginuity Engineering Solutions on behalf of Bob and Mary Stahl
(applicant). The application was returned to the applicant on October 28, 2009 with a cover
letter outlining the deficiencies in the application. The application was resubmitted on March 5,
2010 containing an addendum outlining the changes that had been done to the application. The
application was referred to Planning Services, Building Inspections, and Environmental Health
Services on March 5, 2010. The application was returned to the applicant on April 12, 2010 with
a cover letter outlining several issues that remained outstanding. An addendum to the
application was submitted on May 7, 2010 which addressed the outstanding issues.
The FHDP application was submitted for a proposed winery building to be constructed on Parcel
1309-18-0-01-003, generally located 0.25 miles north of WCR 20 and east of and adjacent to
WCR 25. The parcel is described as part of Lot 5, Lupton Meadows Division 1 being part of the
NW1/4 of the SW1/4, Section 18, T2N, R66W, 6th P.M., Weld County, Colorado.
The property was mined in the past and there is a current residence on the property. The
proposed winery is to be located on a piece of high ground that was likely left over as a result of
the mining activity. According to photos provided in the pre-construction elevation certificate,
the area of high ground appears to be remnants of a stockpile. The erosional stability of the
area is unknown. The building to be constructed in the area is to be a two story structure with a
cellar and second story. According to the pre-construction elevation certificate, the top of the
lowest floor(cellar) is expected to be a minimum of 4850.54 feet NGVD-29. The BFE
established for the site is 4849.54 feet NGVD-29. The cellar floor is proposed to be 1 foot
above the BFE. The lowest and-highest adjacent grades are to be at an elevation of 4850.54 ft
NGVD-29.
The location of the floodway was determined utilizing a HEC-RAS model that was assembled by
J&T Consulting for the NCCI gravel it(AmFHDP-349). Enginuity updated the HEC-RAS with
actual field survey information in the yicinity of the proposed winery structure. The floodway
delineated as part of AmFHDP-349 was remapped utilizing Method 1 Floodway Encroachment
analysis. The floodway encroachment shows that the proposed winery structure is outside of
the 1 foot regulatory floodway.
The entire parcel is designated as Zone A on Flood Insurance Rate Map (FIRM) Panel 080266-
0866C. This Zone A designation indicates there is no published base flood elevation (BFE)for
the South Platte River floodplain on the current effective FIRM dated September 28, 1982. All
FIRMs are prepared, distributed, managed, and revised by the Federal Emergency
Management Agency (FEMA). The applicant's engineer has provided a HEC-RAS model
Page 2 of
M\PLANNING-DEVELOPMENT REVIEWIFHDPFIood Hazard Development PerminAmM7 Robert&Mary Stahl WlneryWnFHDP-117 Bob Stahl May Conditional
Approval Ds28-1Ddoc
showing that the proposed structure is located outside of the regulatory floodway. The
applicant's engineer has provided evidence to show that the proposed building will not have an
adverse impact on the water surface elevations that occur during the 100-year flood event.
The FHDP application includes the following documentation:
1. FHDP Application
2. FHDP Checklist
3. Copy of the Weld County Assessor's Property Profile and Map
4. Deed of Trust for the property
5. October 13, 2009 technical memorandum
6. Floodplain and Floodway Map
7. Floodway Methodology Comparison Map
8. HEC-RAS output to determine the BFE
9. Copy of the Flood Insurance Study and Special Flood Hazard Information Report
10. Drawing of the proposed building elevation
11. October 2, 2010 Technical Memorandum
12. Elevation Certificate showing the pre-construction elevations of the structure stamped
and signed by Jeff Sickles, RE. License Number 34318 and dated March 2, 2010
13. No-rise Certification stamped and signed by Jeff Sickles, P.E. License Number 34318
and dated March 2, 2010
14. May 5, 2010 Technical Addendum including a revised floodplain and floodway map
The following documentation was added to the FHDP case file:
1. Copy of Weld County GIS map showing the approximate location of the applicant's
structure in relation to the floodplain.
2. Copy of the FEMA FIRMette showing the approximate location of the structure in relation
to the floodplain.
3. Copy of October 28, 2009 letter
4. Copy of April 12, 2010 letter
5. Copy of email correspondence regarding the case
6. Copies of referrals from the Planning Department, Building Department, and
Environmental Health Department
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Environmental Health Services -
Environmental Health Services has reviewed this proposal. Upon review of the department's
records for the identified parcel number, there is an individual sewage disposal system
(t.S.D.S.) associated with the residential structure (permit number G19920041).
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
REQUIREMENTS:
Department of Planning Services
1. Stockpiling of any material in the floodplain is not permitted due to the highly erosional
nature of placement of said material in this location. Stockpiling of, and storage of,
materials in the floodway is prohibited.
2. Appropriate anchoring of transient equipment must be required per established Codes
and Ordinances from the appropriate regulatory agency.
3. Installation of utilities shall comply with the appropriate Codes and Ordinances.
Page 3 of 5
M.\PLANNING-DEVELOPMENT REVIEWIFHDPFlood HOMO]Development PermgWn117 Robed&Mary Stahl WMryWnFHDP-117 Bob Stahl Winery Conditional
Approval 05-28-10.Eoc
4. Construction shall comply with all requirements/conditions of the Weld County Building
Code, as amended.
5. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
6. The property owner must provide evidence of approval from the Department of Public
Works for all intemal circulation and FHDP requirements.
7. The applicant must also provide written•evidence of compliance with the Department of
Public Health and Environment for any septic system, potable water source, and any other
requirement stipulated by the department.
8. The applicant must provide evidence of approval from the Department of Building
Inspection for all physical structures.
9. The applicant must submit for review and approval from the Weld County Board of County
Commissioners, a special review permit (USR) for the winery prior to having a Certificate of
Occupancy released for the structure.
Building Department
1. If fill materials are used to elevate the foundation, the applicant shall provide evidence
verifying the fill was compacted to 95% proctor. The test results shall be stamped,
signed, and dated by a licensed professional engineer registered to practice in the State
of Colorado.
2. A "Building under Construction" elevation certificate shall be provided by the applicant
prior to the top of foundation inspection. The elevation certificate shall be submitted to
the Department of Public Works for review and acceptance. No work shall proceed
beyond the top of foundation until the elevation certificate has been reviewed and
accepted by the Department of Public Works.
3. A building permit shall be obtained prior to the construction or change of use of any
structure.
Public Works Department
1. The applicant shall obtain approval for a Use by Special Review Permit(USR) prior to
the release building permits.
2. The finished floor elevation of the proposed winery structure shall be designed at an
elevation that is at least 1.0 ft above the calculated BFE of 4849.54 feet NGVD-29. It
may be beneficial to raise the new construction above this level for flood insurance rating
purposes.
3. If the highest adjacent grade (HAG) and lowest adjacent grade (LAG) are discovered to
be below the BFE of 4849.54 feet NGVD-29, the non-residential structure shall be
designed with flood venting per guidelines published in 44 CFR 60.3(c):
a. There shall be a minimum of 2 openings on at least 2 walls. •
b. Flood vents shall have a total net area of no less than 1 square inch of venting
for every 1 square foot of enclosed area.
c. The bottom of the opening shall be no higher than 1.0 ft above the adjacent
grade.
d. The final (as-built)flood venting design shall be certified by a registered
professional engineer(P.E.).
e. Openings may have screens, valves, or other covers that permit automatic entry
and exit of flood waters.
4. A "Building under Construction" elevation certificate shall be provided by the applicant
prior to the top of foundation inspection. The elevation certificate shall be submitted to
the Department of Public Works for review and acceptance. No work shall proceed
beyond the top of foundation until the elevation certificate has been reviewed and
Pepe 4 of 5
M:%PUNNING-DEVELOPMENT REVIEWFHDP-Flood Hazard Development PennitWn117 Robert S Mary Stahl winer nlrHOP-117 Bob Stahl Winery Conditional
Approval 05-26-10 doe
•
accepted by the Department of Public Works. The "Building under Construction"
elevation certificate shall be stamped, signed, and dated by a licensed
Professional Land Surveyor registered to practice in the State of Colorado.
5. Prior to the issuance of a Certificate of Occupancy an Elevation Certificate shall be
provided to Public Works after final (as-built) construction of the proposed structure is
complete. All information on the As-Built Elevation shall be completed. The As-built
Elevation Certificate shall be stamped, signed, and dated by a licensed
Professional Land Surveyor registered to practice in the State of Colorado.
6. Any future proposed development activities on this parcel that fall within the FEMA-
defined 100-year floodplain shall not cause a rise in the BFE of 4849.54 feet NGVD-29
on adjacent or upstream properties or structures, as required by Item 6 of the Floodplain
Management Standards (Page 4 of the Weld County FHDP application instructions).
Any future activities that may cause adverse flooding impacts must be approved through
an amended flood hazard development permit (AmFHDP).
7. Any fill material in the floodplain must be designed to withstand the erosional forces
associated with the 100-year storm, as required under Item 8 of the Floodplain
Management Standards on Page 4 of the Weld County FHDP application instructions.
8. Future development activities may be subject to Colorado Water Conservation Board
floodplain regulations and which may impact the applicant's ability to expand the winery.
Environmental Health Department
1. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. Regulations. No septic systems shall be installed within the
floodway.
RECOMMENDATIONS:
The Weld County Public Works Department can conditionally approve this FHDP application at
this time.
Sincerely,
ClaylCimmi, P.E., CFM
Weld County Public Works
Original: Bob and Mary Stahl,Applicant
CC to Flle: AmFHDP-117
PC by Post: Jeff Sickles,En ginuity Engineering Solutions,9085 E Mineral Cir,Suite 180,Centennial,CO 80112
Kim Ogle,Planning Services
Frank Piacentino,Building Inspections
Lauren Light,Environmental Health
Lin Dodge,Planning Services
Page 5 ors
M:\PUWNING—DEVELOPMENT REVIENM1FHOP-Flood Hazard Development PumitNm117 Robert&Mary Stahl NAneryVanFHDP-117 Bob Stahl Won conditimN
Approval 0528-10.doc
fet ,,12 MEMORANDUM
TO: PA10-016; Case File, pre-application
DATE: February 19, 2010
COLORADO
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for vineyard/winery
Attendees:
Robert Stahl, Applicant
Mary Stahl, Applicant
Don Carroll, Public Works
Frank Piacentino, Building
Kim Ogle, Planning
Kris Ranslem, Planning
On Friday, February 19, 2010 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a proposed vineyard/winery. (The legal description is Lot 5
West of River, Lupton Division 1; Part NW4SW4 of Section 18, T2N, R66W of the 6th P.M.; Situs
Address is 9378 CR 25)
Background Information:
The applicants have been testing and growing hybrid grapes for the past 5 years and wish to
produce and sell wine. In addition, the applicants intend to construct a two-story building to host
wine tasting events, weddings or other special events. The wine would be produced on site and
sold.
Building Department
The lower level of the new building would be used to ferment the wine and house the wine
products. If for some reason a spillage would occur, a trench would catch the spillage and drain
into a vault which would then be pumped out. The 2nd story would be a gathering for wine
tasting and other events.
Because the building is located in a floodway, the applicants are currently in the process of
completing the Flood Hazard Development Permit for the building. Staff recommended that a
design professional be used to design the building for accessibility requirements and code
analysis requirements. The design professional can determine if a sprinkler is required.
Staff provided design analysis information, permit requirements for a commercial structure, and
design criteria.
Public Works
The applicant indicated that there will be limited deliveries on site from semis. The applicant
indicated that they intend to accommodate approximately 50 to 100 people. No traffic study is
required.
A Site Plan identifying parking, overflow parking, traffic circulation, and floodway/floodplain areas
will be required.
As indicated, the applicants are close to completing the Flood Hazard Development Permit
(FHDP) for the building.
No Drainage Report is required.
A Geotechnical report will be required.
Planning Department
The applicants indicated that they intend to serve finger foods during the wine tasting events.
They indicated that they have researched information regarding commercial kitchens. Staff
recommended that the applicants visit with Dan Joseph, Environmental Health, (970-304-6415
ext. 2206) for further guidance on the requirements for commercial kitchens. The applicants
indicated that they currently have a commercial well which will be used for the facility.
A 16 square foot sign is allowed in the agricultural zone district. The applicants indicated that
they would like to place a directional sign at the driveway.
The applicants indicated that the oil well on site has been capped and abandoned; however staff
suggested that they talk to John Butero, Anadarko, (720-929-6291 or 970-590-4751 cell) for any
mineral lease notice.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day
completeness review. After the 7 day completeness review the applicant will be informed of
what items are still required to make the application complete. Staff requested that the applicant
submit the remaining material in electronic form. Upon submittal of a completed application it
will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss
the referrals and address as many of the referrals as possible. At that meeting the Planning
Commission hearing will be scheduled. The Board of County Commissioners hearing typically
follows approximately 3 weeks after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues,
the following notes may not identify all issues, even major ones that may be raised during the formal
review of your application. The information contained herein has been placed on file with the Department
of Planning Services.
End memorandum.
D�1lb 'DtIO
• Print Form Submit byEmail ,1
(-4 MM V- (4O
WELD COUNTY
Pk+ PL L�
PRE-APPLICATION REVIEW REQUEST
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required
prior to beginning the application process; however, this review is not an application.
• Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and
and Environment. The second and fourth Friday of any given month pre-applicant reviews are held in the
Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre-Application
reviews are held Thursday of any given week in the Greeley office. To be on the pre-submittal agenda,the request
and required checklist items must be received one week prior to the review date, and shall include at a minimum, a
description of the property including surrounding lands and land uses, property owners name and contact
information,a brief narrative and a map delineating the property location, in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us
Please print a copy of the Assessors page and submit it with your pre-application review request.
• Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week
prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact Information:
pp L'
Name: QUIZ)c; t ST/tit"
Phone: 333 . %S1 - O'i y Fax:
Email: bo', s- L i. e µ/;\4L ,AL. h t.k
Address: q3 ]g WG2 LL , fovnkb6Z I
Project Description: VI i )r ✓1,r 1
Property Information:
Section-Township- / Zoning
Range I ;Z 0 — 67/b
Parcel Number f 3 i t&OO ( 00,3 Acreage
Site Address (: 378 w C ec z Water Source
Legal Description _l w . Sewer
ICU)
Owner Name ? YJ ,,,\— t `li ~ � �S
Is this property currently in violation? f Yes r- No Case Number
Office Use Only
.Project Title:
Description:
Review Date: Meeting Date/Time:
Weld County Department of Planning Services
Greeley Office - Longmont Office-
918 10m Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504
Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730
Fax: 970-304-6498 Fax: 720-652-4211
WELD COUNTY
PLEASE PROVIDE THE FOLLOWING ITEMS:
To view the Weld County Code, please go to www.co.weld.co.us,
FOR (SPR) SITE PLAN REVIEWS:
❑ Brief project narrative explaining request
❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual building elevations
❑ Conceptual landscape plan
FOR (USR) USE BY SPECIAL REVIEWS:
❑ Brief project narrative explaining request
❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual landscape plan
FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ):
❑ Brief project narrative explaining request
❑ Exhibit showing desired changes to be made
❑ Location map showing property,surrounding area and adjacent uses
❑ Conceptual zoning map showing current and proposed zoning
❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access
D Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual landscape plan
Weld County Department of Planning Services
Greeley Office Longmont Office-
918 10th Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504
Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730
Fax: 970-304-6498 Fax: 720-652-4211
WELD COUNTY USE BY SPECIAL REVIEW (USR) CHECKLIST
Name: OAERT 5Ta H L-.. Plan Date:
Location: 2S/ 2 0
Reply By:
Case#: USR — VINEYARDS Aap ',J'NF_RY Planner
Planning Commission Hearing:
BOCC Commission-Hearing:
Included Not Does Not
Comment HeadingsIncluded Apply
Use by Special'Review.(USR),23-2-20D
/A. Site Specific Development Plan and Use by Special
(USR)
✓B. Application requirements, 23-2-260
C. Zoning districts, 23-3-40 VD. Weld County Road access information sheet, and a:rzt P .pa(
Road Access Policy 8-2-10-60 L045 •
✓ 1. All existing and proposed accesses
V 2. Oil/gas, agricultural, residential
✓ 3. County or SStatE roadway
E. Site Plan Map 23-2-240
V 1. Vicinity map
,7 2. Access -- prgp ied or existing
,/ 3. County or 5taae roadway
v 4. Parking — gravel or asphalt .44•Dva ALLPAPllt Ft.C v.//ciRcuckrret./
L., 5. All existing and proposed structures
V 6. Right-of-way, easement, ditches vie•zR5-/
F. Stormwater detention and water quality, 8-11-10 — CMr /0",./#4, ,./,o.cr•
G. Other
1. Traffic study, sealed by P.E. (if required) SOP•-P/c t
2. Improvement agreement(if required), 24-9-20
3. Geotechnical Report 23-5-130 YES- flew 7Sa;h 2
V 4. Flood Hazard Overlay Dist. 23-5-200 YEE
S. flip P — Clay /(%M K( 356-4t00K375'°
No Drainage Report is required; however the applicant shall provide a short description of the
historic stormwater flows across the property and how their application will affect those flows.
The description shall include but not be limited to: 1)where the water originates if it flows onto
the property from an offsite source,2)where it flows to as it leaves the property, 3)the direction
of flow across the property, and 4)if there have been previous drainage problems with the
property. The application shall also provide flow arrows on the map showing where the
stormwater starts, how it goes across the property, and where it leaves the property. The
applicant will still be responsible for providing a water quality feature that conforms to the
methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual.
Weld County Public Works 1 of 1
Use by Special Review(USR) Checklist Form Updated Page0 . 1 of 1
M:1 Brian I Review Checklist 1 Development Review Checklists.xls P
Narrative
Proposed Winery
Robert & Mary Stahl
9378 County Road 25
Fort Lupton, CO 80621
Stahl Vineyards has been testing and growing hybrid wine grapes that will
consistently produce a crop in our Weld County climate. This is our sixth year.
Hybrid grapes have been under development since the 1860's and there are now
many varieties that will produce excellent wine and withstand temperatures well
below -20°F. We are currently growing approximately 5 acres of hybrid wine
grapes. The next step is to add value to our agricultural product by way of
producing wine. We intend to build a Winery to produce and sell wine. Our
vision is a "country" Winery which will produce wines from our own grapes as
well as other local ag products such as rhubarb, watermelon and pumpkin. We
intend to be an Agro-tourism business which will draw people from around the
State and Country to visit our vineyard and Winery. This is a proven concept in
other States such as Nebraska and Iowa where the more tender grapes such as
those on the West Slope cannot grow. The Wineries on the West Slope
contribute $48 million to the State's economy; Weld County is currently not
enjoying any of this revenue. We hope to be the Flagship Winery to encourage
others to follow our lead and take advantage of our agricultural opportunities
here in Weld County. As you know, much of the land along the Platte River is
being mined for gravel and being taken out of agricultural production. I propose
that these gravel pits be given the incentive to landscape the perimeters with
grapevines after completion of mining. This would keep part of the land in
agriculture, beautify the area and provide a means of keeping a large part of the
ag producing income by the value added to grapes when wine is produced. I have
approached several of the pit owners and they are very open to the idea.
Proposed Winery
Robert & Mary Stahl
9378 County Road 25
Fort Lupton, CO 80621
Drainage will be the same as it has been historically, the only difference will be
that a building will be draining precipitation to adjacent land instead of the
current earth mound which does the same thing.
Landscaping will simply be replanting the disturbed areas with natural grasses as
now exist.
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Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5179086 Parcel#: 130918001003
Tax Area:2228 Bordering County:
Acres: 23
Townshi_Range Section Quart.Sec. Subdivison Name Block#Lot#
02 -66- 18 -0 LUPTON MEADOWS DIVISION #1 - - 5
Owners Name&Address: Property Address:
STAHL ROBERT M & Street: 9378 25 CR
9378 CR 25 City:WELD
FT LUPTON,CO 806219308
Additional Owners:
STAHL MARY E
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
$0
Legal Descr..D
16152 PT L5 W OF RIVER LUPTON MEADOWS DIV I IN NW4SW4 18 2 66
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 23
Land Subtotal: 23 $11,500 $92O
Buildings Valuation Summa
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
Improvements Subtotal: $272,235 $21,670
Total Property Value $283,735 $22,590
Building Details
Account#: R5179086 Parcel#: 130918001003
Owners Name&Address: Property Address:
STAHL ROBERT M & Street:9378 25 CR
9378 CR 25 City: WELD
FT LUPTON, CO 806219308
Building* Property Type
1 Residential
Individual Built As Detail
. .. .. . /ff• • .r:. • •. ... • r. 1 ..-sr TTTllQ TTT-TT O_._L_-1^I AA10 ^11'1 PIA 1A
Identify Results Page 2 of 2
Built As: 2 1/2 Story Fin Year Built: 1993
Exterior: Frame Siding HVAC: Hot Water Radiant
Interior Finish: Drywall Built As SQ Ft: 2682
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 3
Rooms: 8 Units: 0
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 1040
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
.. _
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17Th AVENUE
GREELEY,CO 80631
PHONE:970-353-6100, EXT.3540 I FAX: 970-304-6498
Date: (ill 20_ii Receipt No. 1 5 P i
Received From: rce-fojec 4t Wel. ept i L.
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR I ur-s- v utiv-( 2-SO)
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
OCASH pc NO.4124, ❑CREDIT CARD TOTAL FEE %OD
Receipted By:_Lute L_ DL# Exp.
teND
111
APPLICATION FLOW SHEET
APPLICANT: Robert and Mary Stahl CASE#: USR-1774
REQUEST: A Site Specific Development Plan and Special Review Permit for a Winery in the(A)Agricultural Zone District.
LEGAL: Part of Lot 5,West of River, Lupton Division 1, being part of the NW4SW4 of Section 18 T2N,R66W of the 6U
P.M., Weld County Colorado
LOCATION: 0.5 Miles North of CR 20 Section Line; East of and adjacent to CR 25
PARCEL ID#: 1309-18-0-01-003 ACRES: +/-23
DATE BY
Application Received 12-17-2010 Ogle
Application Complete 1-26-2011 Ogle
PC Hearing Date: April 5, 2011 Action:
PC Sign to be Posted By: March 25, 2011
Referrals Listed 1 ✓�
File Assembled I/9 gill Kg
Referrals Mailed -
Sta)NUhtir-ok-ht"V‘- 72.):11 II
Chaindexed
Letter to Applicant Mailed V- K-/V
Date Public Notice Published in County Newspaper
Field Check by DPS Staff
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board
CC Hearing: Action:
CC Sign to be Posted By:
Recorded on Maps and filed
Overlay Districts
Zoning Agricultural
Airport Yes_ No_c_
Geologic Yes_ No_c_
Flood Hazard Yes_c_ No
Panel#080266 0866 C
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