HomeMy WebLinkAbout20112472.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1251
APPLICANT: Pat&Amanda Weakland
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Commercial Greenhouse/Garden Center,dba The Windsor Gardener,and a Brewery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of RE-1425;being part of the E2SW4 of Section 18,T6N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 392; west of and adjacent to 17`" Street,
Windsor, Colorado.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect. (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 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 to amend the existing permit to include a brewery. The brewery
will encumber 1000 SF of a 4800 SF warehouse and include a tasting room and outside patio
overlooking the hops farm to the west. In 2007 a hop 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 23-2-220.A.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.
EXHIBIT
2011-2472 • oB
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 2
• 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 limited residential development,agriculture, predominately pasture
lands and aggregate mining activities. The property under review here 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, and to the East,the Town of Windsor, and a commercial development
yet to be constructed.
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 area for the Town of Windsor,who
responded to the referral 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 23-2-220.A.5--The application complies with Section 23-5 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 Weld County Road Impact Program.(Ordinance 2011-2)
• 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. (Ordinance
2011-2)
F. Section 23-2-220.A.5--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.
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 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.
H. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
• The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 3
• A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-1251. (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) 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.
(Department of Public Works)
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.
(Department of Public Works)
6) The floodplain and floodway boundaries depicted on the site specific development
plan does not match the floodplain and floodway boundaries shown on FEMA's
current effective flood insurance rate map(FIRM). Please show the floodplain and
floodway boundaries as shown by FEMA on the current effective FIRM. If the
applicant has obtained a Letter of Map Revision from FEMA, the floodplain and
• floodway boundaries depicted on the LOMR may be used. (Department of Public
Works)
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. (Department of Planning
Services)
8) The applicant shall delineate all exterior lights associated with the Brewery and
Tasting Room structure, as approved by the Department of Planning Services.
(Department of Planning Services)
9) The applicant shall delineate the location any sign associated with this facility, as
approved by the Department of Planning Services. (Department of Planning
Services)
10) The applicant shall delineate the location of the trash dumpster. (Department of
Planning Services)
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. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & 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&Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 4
• 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 & Environment for approval. (Environmental Health)
D. Any additional hydraulic load to any existing septic system will require to be reviewed 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 & Environment for approval (Environmental Health)
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 Individual Sewage Disposal
Regulations. Evidence of adequacy shall be submitted to the Weld County Department of
Public Health & Environment for approval (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. Evidence of adequacy shall be submitted to the Weld County Department of
Public Health & Environment for approval (Environmental Health)
• 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 can 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 & Environment for approval (Environmental Health)
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. (Department of Planning Services)
I. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
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 sixty (60) 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 dhuerterco.weld.co.us(Department
of Planning Services)
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 5
• 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. (Department of Public Works)
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.
(FEMA)
C. The applicant shall address the concerns of the Windsor-Severance Fire Protection District
as stated in their referral dated July 18,2011. Evidence of approval with all conditions met or
mitigated shall be submitted in writing to the Department of Planning Services. (Department
of Planning Services)
D. Access to the Amended proposed 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. (Department of 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 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. (Department of Public Works)
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.
(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 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 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)
Motion seconded by Jason Maxey.
•
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 6
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Ben Hansford
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 6, 2011.
Dated the 6th of September, 2011.
• 1V ileritA C149-47YI
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Amanda, Zach and Pat Weakland dba Windsor Gardener and Brewery
AmUSR-1251
1. The Site Specific Development Plan and an Amended Special Review Permit 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. (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. 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. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the
Water Quality Control Division (WQCD) of the Colorado Department of Health and Environment
for any proposed discharge into State Waterways. Alternately, the applicant can 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 & Environment for approval
(Environmental Health)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
• 6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
8. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
regulations. Please contact Weld County Public Works to verify flood plain vs.floodway. (Department
of Public Health and Environment)
9. 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)
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. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. 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)
13. The facility shall utilize the existing public water supply (Town of Windsor). (Department of Public
• Health and Environment)
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 8
• 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(HAP's)and volatile organic compounds(VOC's). All chemicals must be stored secure,on
an impervious surface, and in accordance with manufacturer's recommendations. (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. The applicant shall comply with the provisions of the Flood Hazard Development Permit(FHDP-731).
(Department of Public Works)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
19. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
20. Weld County shall not be responsible for the maintenance of on-site drainage related
improvements (Department of Public Works)
• 21. 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.
(Department of Public Works)
22. 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 by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Public Works)
23. 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. (Department of Public Works)
24. Future development occurring within the floodplain shall be in compliance with the floodplain
codes in effect at that time. (Department of Planning Services)
25. Ingress and egress to the facility shall be from the existing access on 17th Street, a Town of
Windsor street. (Department of Public Works)
•
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 9
• 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 building official and obtain the required
permit. (Building Inspection)
26. Buildings, structures and use 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, 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code.
(Building Inspection)
27. All building plans shall be submitted to the Windsor Severance Fire Protection District for review and
approval prior to issue of building permits. (Windsor Severance Fire Protection District)
28. Hours of operation for Windsor Gardner are 8A to close, daily.
29. The Brewery hours are 24 hours 365 days per year.
30. The Tasting Room hours are 11AM to close, daily.
31. Special Event hours are 8 AM to close, daily.
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. 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 establishment licensed 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.
35. 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)
36. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
37. 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. (Ordinance 2011-2)
38. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
• 39. 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)
Resolution AmUSR-1251
Pat&Amanda Weakland
Page 10
• 40 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.
41 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.
•
•
9-4,-- (3, I
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
•
Jason Maxey moved that Case USR-1786, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1251
APPLICANT: Pat&Amanda Weakland
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Commercial Greenhouse/Garden Center,dba The Windsor Gardener, and a Brewery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of RE-1425;being part of the E2SW4 of Section 18,TEN,R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 392; west of and adjacent to 17th Street,
Windsor, Colorado.
Kim Ogle, Planning Services, stated that the facility is outside of the urban growth boundary for the Town of
Windsor,yet within the three-mile referral area,who responded to the referral dated August4,2011 stating the
property is located within the Town's Growth Management Area and is contiguous to the Town's 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 floodplain. 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.
The applicant is proposing to amend the current land use permit USR-1251 for the Windsor Gardener that
was approved by the Board of County Commissioners on January 26,2000 for a commercial greenhouse and
garden center. The applicant is proposing to amend the existing permit to include a brewery, a tasting room
an outside patio overlooking the hops farm to the west. In 2007 a hop farm was established west of the
garden center. This hop 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. 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.
The site is surrounded by limited development. The property under review here is presently the Windsor
Gardener and the proposed High Hops Brewery; 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 and residential lands are
adjacent to the north, and to the east, the Town of Windsor, and a commercial development yet to be
constructed.
Sixteen (16) referral agencies have reviewed this case and nine offered comments, some with specific
conditions that have been incorporated into this recommendation. Staff has received no letters, emails, or
telephone inquiries concerning this case.
The Planning Department recommends approval of this application with the attached conditions of approval
and development standards.
Don Carroll, Public Works, stated that the access will be from 17`" Street which has been annexed and is
• under the control of the Town of Windsor. The applicant is using the existing paved parking area by the
Garden Center. Staff did request that they identify overflow parking,which is proposed to be a gravel surfaced
area. The majority of the site is located within the 100 year floodplain of the Cache La Poudre River.
EXHIBIT
• Mary Evett, Environmental Health, stated that water for the facility is provided by the Town of Windsor. There
is an existing septic system that serves the greenhouse and Garden Center and it was permitted for
employees and occasional customers. The existing septic system will require an evaluation by an engineer to
determine if it is adequate for the brewery operation. If it is found to be inadequate they may install a separate
system for the brewery which will require an engineered design. If the designed capacity of the septic systems
is greater than 2000 gallons per day then they would be required to obtain State approval for the septic
systems. Also, if the septic system serves greater than 20 persons per day approval from the EPA for a Class
V Injection Well will be required.
There is an existing home served by a septic system; however the Health Department does not show a permit
on file. Therefore they are asking the applicant to submit a Statement of Existing for that residential system.
The applicant mentioned that processed wastewater from the brewery operations will be contained and hauled
to either A-1 Organics in Eaton or the City of Fort Collins Wastewater Treatment Plant. They do have plans in
the future to recycle the processed wastewater to irrigate their hops field. The applicant will need to contact
the State Water Quality Control Division regarding approval of this discharge. Ms. Evett stated that this is
listed under Condition 1.H; however she would like to suggest moving it to a Development Standard since they
are not doing it initially.
Robert Grand made a motion to move Condition of Approval 1.H to a new Development Standard,seconded
by Bill Hall. Motion carried.
Pat Weakland, Windsor, CO, stated that they are proposing to add a micro brewery in conjunction with the
Windsor Gardener. They have an established hop field and will use the hops in their brewery. This will
showcase and add uniqueness to the brewery and add a new source of economic growth to their Garden
Center and hop farm. They will be adding more employees and providing new jobs by adding a microbrewery
• and a warehouse. There will be a serving room within the Garden Center overlooking the hop fields and an
unobstructed view to the west.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Scott Ballstadt, Town of Windsor Planning, 301 Walnut, Windsor, CO, stated that the subject property is
located within the Town's Growth Management Area and the eastern property line is contiguous with the
Town's corporate limits. The micro brewery use is consistent with the Town's adjacent commercial zoning and
the property is already served with Windsor Water and is accessed from 17k'Street. That access point has
been planned to align with the future Walmart use that has been approved.
Section 4 of the Town's Comprehensive Plan regarding land use planning includes the following Goal "To
ensure the logical extension of the Town's boundaries so that Windsor may expand in the directed, logical and
fiscally responsible manner." In addition, another Goal includes"Promote the development of Windsor in an
orderly manner that would provide a well-balanced land use pattern which would provide for an efficient and
effective ongoing extension of public services and facilities."
Section 4.C.6 also states that future development should be contiguous to the existing community or to help
ensure that any such areas could be annexed into the future with urban level services. These areas must
have the capability of being easily served by existing facilities.
Mr. Ballstadt stated that the Town of Windsor recognizes that the existing Windsor Gardener facilities were
developed in unincorporated Weld County and acknowledges that proposed brewery improvements should be
consistent with the existing Windsor Gardener improvements. Town staff has met with the applicants on a
couple of occasions. In preliminary discussions with the applicants the Town would like to acknowledge the
existing development and negotiate some relaxed development standards. He added that Staff doesn't have
the authority to relax those requirements so until it can be brought to the Town Board these are just
• discussions held with the applicants.
Mr. Ballsadt said that based on the fact that the property is located within the Town's Growth Management
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• Area and is contiguous with the Town's corporate limits,the Town of Windsor Planning Commission reviewed
the referral and recommended that the applicants be referred to the Town of Windsor for annexation.
Commissioner Holton asked how far away the sewer line is. Mr. Ballstadt replied that it is located
approximately 600 to 800 feet to the east of 17th Street. Mr. Holton asked how the Town of Windsor would look
at the existing septic system. Mr. Ballstadt stated that until the existing septic system has been reviewed by
an engineer and they have more information that the Town's Water and Sewer Board could consider they may
elect to allow continued service by the septic system if the County's Health Department approves that permit.
Mr. Weakland said that the existing sewer line is over 1200 feet. He added that they would have to put in a
forced main and that would just get it from the southeast corner of the property to the existing sewer line; it
doesn't bring it from their existing bathrooms to that forced main area and it will be a very expensive venture
going under 17th Street and connecting it to the existing sewer line. Initially when this USR was approved they
were approximately 1 mile away and supplied with water from North Weld County Water District. He added
that when the Walmart development went through the Town of Windsor acquired that land. Because of that
land annexation, the Town of Windsor took over their water supply.
Mr.Weakland said that Mr. Ballstadt has been working very diligently with them to try and make this happen.
However there have been some huge hurdles put in front of them that Mr. Ballstadt can't answer himself and
they have an opportunity to try and make this brewery happen in this short development window in getting
State and Federal licensing for the brewery plus building it. If they try to go through the annexation process,
the minimum time to get this built would be approximately 1 year. He said that the sewer main line would
deplete his funds and the micro brewery would not become a reality.
Mr. Weakland said that right now they have the ability to utilize their property under Weld County's Right to
Farm and they would like to use that to the fullest with this property. They can have chickens and guineas to
eat the grasshoppers and they can use biological control methods to try and limit infestation of different bugs
• that can attack the hops and crops. They can grow different crops without having to go through Town
Planning meetings as it is ag use currently. At this point there is no guarantee with the Town of Windsor and
they would like to use the agriculture that exists currently.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case AmUSR-1251, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:24 pm and reconvened the meeting at 3:32 pm.
CASE NUMBER: Ordinance 2011-9, and Ordinance 2011-10
PRESENTED BY: Tom Parko and Dave Bauer
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 8 Public
Works and Chapter 23 Zoning, of the Weld County Code.
Tom Parko, Planning Services, stated that last month staff presented some proposed code changes to the
Planning Commission. An additional change is being presented today in regard to cargo containers and
habitation. Staff has been approached with individuals and businesses converting cargo containers into
offices and residential use. This proposed code change would allow individuals to take cargo containers that
have been retrofitted and use them as an office or even for a residential dwelling. Mr. Parko pointed out that
the retrofitted cargo containers would be allowed in a residential zone district as long as it met building codes.
• Mr. Grand expressed concern that there may be issues if it is opened to all residential districts and added that
it may be difficult where there are stick built homes and then these containers move in.
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