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HomeMy WebLinkAbout20112471.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1251 FOR A COMMERCIAL GREENHOUSE/GARDEN CENTER, DBA THE WINDSOR GARDENER, AND A BREWERY IN THE A (AGRICULTURAL) ZONE DISTRICT- PAT AND AMANDA WEAKLAND 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 21st day of September, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Pat and Amanda Weakland, 8695 County Road 88, Fort Collins, Colorado 80524, for a Site Specific Development Plan and Amended Use by Special Review Permit#1251 for a Commercial Greenhouse/Garden Center, dba The Windsor Gardener, and a Brewery in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption #1425; being part of the E1/2 SW1/4 of Section 18, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, 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.B of the Weld County Code as follows: 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. 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." Section 22-2-20.B.2 (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 CC, tA, Pu, P', \U , P+ppl. 2011-2471 10- ac-ti PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 2 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) states, "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) states, "Encourage using low-water-use plants and water conservation techniques . . . ." Finally, Section 22-6-20.C (WA.Goal 3) states, "County residents are encouraged to conserve water." Section 22-6-20.A (ECON.Goal 1) states, "Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County," and Section 22-6-20.A.2 (ECON.Policy 1.2) states, "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 to amend the existing permit to include a brewery. The brewery will encumber 1,000 square feet of a 4,800 square-foot warehouse and include a tasting room and outside patio overlooking the hops farm to the west. In 2007, a hops farm was established west of the Garden Center. This farm is the first on the front range and one of the first in Colorado. The activity of growing hops is directly related to the existing agriculture on the property with the new brewery and tasting room building being a natural extension of the garden center and hop farm. The vines are grown on soils in a nutrient rich floodplain. Water for irrigating the farm is from the Cache la Poudre Irrigation Ditch No. 2 and a one-third share of an irrigation well. The brewery promotes the diversification of agriculture in the county. b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.FF of the Weld County Code provides for a Brewery as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is surrounded by limited residential development, agriculture (predominately pasture lands), and aggregate mining activities. The property under review is presently the Windsor Garden Center; the property to the south was mined by Hall-Irwin. The land on the west is in the floodplain with a residential structure to the north. Agricultural lands are adjacent to the north, with the Town of Windsor to the east, along with a commercial development yet to be constructed. 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 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 3 provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The facility is within the three-mile referral area for the Town of Windsor, which submitted a referral response, dated August 4, 2011, stating the property is located within the Town's Growth Management Area and is contiguous to the Towns' corporate limits along the eastern property line. The Town's Land Use Map delineates this parcel as Single Family Residential, Parks, Open Space, Mineral Extraction and Floodplains. Further, the property is located in the Town's Main Street Commercial corridor, and the adjacent parcels to the east are zoned commercial. The referral recommends that the applicant submit a petition for annexation. e. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. The site is located within the Flood Overlay District. The entire parcel is designated Zone AE on Flood Insurance Rate map (FIRM) Panel 080266-0605d, dated September 28, 1991. Flood Hazard Development Permit No. FHDP-353 for the garden center was conditionally approved, in 2000, for an office and greenhouse, and Flood Hazard Development Permit number FHDP-731 is currently under review for the proposed Brewery building and associated amendments. 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 current use of the Garden Center has removed a majority of the land from production; however, the hops farm 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 23-2-230.8.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Pat and Amanda Weakland, for a Site Specific Development Plan and Amended Use by Special Review Permit #1251 for a Commercial Greenhouse/Garden Center, dba The Windsor Gardener, and a Brewery in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 4 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 AmUSR-1251. 2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 3) The attached Development Standards. 4) North 17th Street is within the Town of Windsor's jurisdiction. The applicant shall verify the existing right-of-way, and the documents creating the right-of-way, and this information shall be noted on the plat. 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. 5) State Highway 392 is within the Town of Windsor's jurisdiction. The applicant shall verify the existing right-of-way, and the documents creating the right-of-way, and this information shall be noted on the plat. 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. 6) The floodplain and floodway boundaries depicted on the Site Specific Development Plan do not match the floodplain and floodway boundaries shown on FEMA's current effective flood insurance rate map (FIRM). The applicants shall show the floodplain and floodway boundaries as shown by FEMA on the current effective FIRM. If the applicants have obtained a Letter of Map Revision (LOMR) from FEMA, the floodplain and floodway boundaries depicted on the LOMR may be used. 7) 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. 8) The applicant shall delineate all exterior lights associated with the Brewery and Tasting Room structure, as approved by the Department of Planning Services. 9) The applicant shall delineate the location of any sign associated with this facility, as approved by the Department of Planning Services. 10) The applicant shall delineate the location of the trash dumpster. 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 5 B. The applicant shall submit evidence that the construction of new structures, including access roads and parking areas, are not subject to Section 404 of the Clean Water Act. C. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Services Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the existing residence on the property. Any existing septic system, which is not currently permitted through the Weld County Department of Public Health and Environment, will require an Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. Regulations. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. D. Any additional hydraulic load to any existing septic system will require a review by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. E. The applicant may install a separate individual sewage disposal system for the brewery/tasting room. The septic system is required to be designed by a Colorado registered professional engineer, according to the Weld County I.S.D.S. regulations. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. 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 may provide evidence from the WQCD that they are not subject to these requirements. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 6 G. 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 may provide evidence from the EPA that they are not subject to the EPA Class V requirements. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. H. 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. The applicant shall submit a Sign Plan to the Department of Planning Services, for review and approval. J. If structures are to be constructed in the FEMA mapped Cache La Poudre River floodplain, the applicant must obtain an approved flood hazard development permit showing that the structures can be constructed in compliance with FEMA and Weld County floodplain regulations. Additionally, buildings constructed after March 18, 1980, which are located in the FEMA mapped Cache La Poudre floodplain must be shown to be compliant with the floodplain regulations. 2. Prior to the Release of Building Permits: A. This parcel is located within the FEMA mapped Zone AE 100-Year Floodplain Floodway. Weld County Code prohibits the construction of buildings within the floodway. The applicant submitted a Flood Hazard Development Permit, on July 15, 2011, for review and comment. The application is currently under review. B. The applicant shall submit evidence that the Site Specific Development Plan Application for Plat Amendment, dated June 16, 2011, addresses flood hazard protection for the site, including erosion, septic, and building pad protection. Additional aspects of the project required for local approval under floodplain management regulations adopted for the National Flood Insurance Program should be coordinated with the local floodplain administrator. Such aspects may include providing the as-built certified lowest floor or floodproofing elevation. C. Access to the proposed Amended USR shall be from State Highway 392, north on 17th Street to Ash Avenue. All access is either from the State Highway or from the Town of Windsor's jurisdiction. Please contact the Town of Windsor to verify access permit or for any additional requirements that may be necessary to obtain or upgrade the permit. 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 7 3. Prior to the issuance of the Certificate of Occupancy: A. The applicant must also comply with the provisions of the FHDP, including providing an as-built elevation certificate prior to Certificate of Occupancy and providing as-built drawings of the buildings and grades on site. The elevation certificate and as-built drawings shall show elevations in the same vertical datum as the FEMA Flood Insurance Rate Maps (NGVD-29) and shall be certified by a registered professional land surveyor licensed in the State of Colorado. 4. Prior to Operation A. The applicant shall submit written evidence of compliance with all local, state and federal regulations specific to the operation, manufacture and sales of malt liquors or similar product. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 6. The Amended 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. 7. Upon completion of Condition of Approval #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 the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 8. 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. 2011-2471 PL1372 AMENDED SPECIAL REVIEW PERMIT#1251 - PAT AND AMANDA WEAKLAND PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board c t� <' '•�� Sean P. Co ay, Pro-Tem BY: e �An�n Q .I��r / if/ Deputy Cl k to the Board,) �►�IIi f ti lam F. Garcia APPROVED TO F=ORM: ,r j .:r aid ( c ... -vid E. Long County Attorney ��� �,. ! L R! Dougla ademacher Date of signature: /0 S'�� 2011-2471 PL1372 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PAT AND AMANDA WEAKLAND AMUSR#1251 1. The Site Specific Development Plan and Amended Use by Special Review Permit#1251 is for a Commercial Greenhouse/Garden Center, dba The Windsor Gardener, and a Brewery in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. 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. 4. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment for any proposed discharge into State waterways. Alternately, the applicants may provide evidence from the WQCD that they are not subject to these requirements. Evidence of adequacy shall be submitted to the Weld County Department of Public Health and Environment, for approval. 5. 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. 6. 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. 7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 8. The installation of the septic system shall comply with the Weld County I.S.D.S. floodplain regulations. The applicant shall contact Weld County Department of Public Works to verify floodplain versus floodway. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10. 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. 11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 2011-2471 PL1372 DEVELOPMENT STANDARDS - PAT AND AMANDA WEAKLAND (AMUSR#1251) PAGE 2 12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. 13. The facility shall utilize the existing public water supply (Town of Windsor). 14. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies, and the Weld County Code. 16. The applicant shall comply with the provisions of the Flood Hazard Development Permit (FHDP-731). 17. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm run-off. 18. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 19. Weld County shall not be responsible for the maintenance of on-site drainage related improvements. 20. WARNING: PORTIONS OF THE PROPERTY MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that portions of the property 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 #080266-0605D, dated September 27, 1991, and FBFM Panel Map #080266-0001, dated September 27, 1991, 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. 21. Flood hazard development permits will be required for development activities located within the FEMA mapped Cache La Poudre Floodplain. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 2011-2471 PL1372 DEVELOPMENT STANDARDS - PAT AND AMANDA WEAKLAND (AMUSR #1251) PAGE 3 23. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. 24. Ingress and egress to the facility shall be from the existing access on 17th Street, a Town of Windsor street. 25. A building permit is required for any future building. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Code, or to cause any such work to be done, shall first make application to the Department of Building Inspection and obtain the required permit. 26. Buildings, structures, and uses shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have 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, 2008 National Electrical Code, 2003 ANSI 117.1 Accessibility, and Chapter 29 of the Weld County Code. 27. All building plans shall be submitted to the Windsor Severance Fire Protection District, for review and approval, prior to the issuance of building permits. 28. The Tasting Room hours shall be those set by State statute. 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 31. The applicant shall comply with the definition of a Brewery, as defined in the Weld County Code, at all times. By definition, a Brewery is any licensed establishment, pursuant to the provisions of Article 47, Title 12, of the Colorado Revised Statues, where malt liquors are manufactured, except brew pubs. Malt liquors include beer and shall be consumed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent (3.2%) of alcohol by weight or four (4%) alcohol by volume. 32. 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. 33. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2011-2471 PL1372 DEVELOPMENT STANDARDS - PAT AND AMANDA WEAKLAND (AMUSR#1251) PAGE 4 34. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. 35. 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. 36. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. These requirements shall apply to all temporary and permanent signs. 37. The Amended 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. 38. 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. 2011-2471 PL1372 Hello