HomeMy WebLinkAbout20110974.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1774 FOR A WINERY IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROBERT AND MARY STAHL
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 20th day
of April, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert and Mary Stahl, 9378 County Road 25, Fort Lupton, Colorado
80621, for A Site Specific Development Plan and Use by Special Review Permit#1774 for a
Winery in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of Lot 5, West of River, Lupton Division 1; being part of the
NW1/4 SW1/4 of Section 18, Township 2 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were present and represented by Robert
Stahl, 9378 County Road 25, Fort Lupton, Colorado 80621, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.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."
1) Section 22-2-20.6.2. (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
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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."
2) 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 . . ."
3) Finally, Section 22-4-30.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
(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."
4) 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 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 23-2-230.B.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 23-2-230.6.3 -- The permitted uses will be compatible with the
existing surrounding land uses. The site is surrounded by agriculture and
aggregate mining activities. The subject property, along with the property
to the south of the site, was previously mined for gravel by Weld County.
The land to the west is currently being mined by Pioneer Sand and Gravel
Company (SW Chambers, aka Heit Mine — USR#1444). The 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; to the south are single-family
residences on larger tracts of land.
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d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The facility is within the three-mile referral area for the City
of Fort Lupton. In a referral response dated March 7, 2011, the City of
Fort Lupton stated the proposed use has no conflict with the City's
interests.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the subject site will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. 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 Programs. 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.
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 United States Department of Agriculture (U.S.D.A)
Soils Map of Prime Farmlands of Weld County, dated 1979, identifies the
soils on this property as "Prime." The proposed use will not remove any
additional agricultural land from production; the agricultural activities on
the property are an important part of the proposed use.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240), and
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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Robert and Mary Stahl, for a Site Specific
Development Plan and Use by Special Review Permit #1774 for a Winery in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1774.
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2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) County Road 25 is designated on the Weld County Road
Classification Plan as a local paved road, which requires
sixty (60) feet of right-of-way at full buildout. There is
presently sixty (60) feet of right-of-way. A total of thirty (30) feet
from the centerline of County Road 25 shall be delineated on the
plat. This road is maintained by Weld County.
5) The location of the Federal Emergency Management Agency
(FEMA) mapped 100-year Floodplain and Floodway, as
applicable.
6) A graphic key and/or symbol serving to identify each component
that is located within the Use by Special Review boundary. The
key and corresponding component shall be summarized in tabular
format and be clearly delineated on the plat.
7) The applicant shall delineate the locations of all Stop signs.
8) This parcel is located within the Federal Emergency Management
Agency (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.
9) The plans submitted with the Use by Special Review application
show the parts of the winery building (first floor and loading dock)
with elevations below the Base Flood Elevation (BFE). These
elevations will need to be revised, so that they are above the
established BFE of 4850.5 feet NGVD-29.
10) The applicant shall delineate all exterior lights associated with the
winery and tasting room structure, as approved by the Weld
County Department of Planning Services.
11) The applicant shall delineate the location of any sign associated
with this facility, as approved by the Weld County Department of
Planning Services.
12) The applicant shall delineate the location of the trash dumpster.
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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. 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 Weld County 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 Weld County
Department of Public Health and Environment.
E. 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 (CDPHE) for any
proposed discharge into state waterways, if applicable.
F. 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.
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.
H. 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 Weld County Department of Planning
Services.
The applicant shall submit a Lighting Plan to the Weld County
Department of Planning Services, for review and approval. At a
minimum, information shall be provided concerning lamp type and
construction/installation of said device.
J. The applicant shall submit a Sign Plan to the Weld County Department of
Planning Services, for review and approval.
2. Upon completion of Condition of Approval #1 listed above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
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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.
The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review application. 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
mapsAco.weld.co.us.
3. Prior to the Release of Building Permits:
A. The plans submitted with the USR application show the parts of the
winery building (first floor and loading dock) with elevations below the
Base Flood Elevation (BFE). These elevations will need to be revised, so
they are above the established BFE of 4,850.5 feet NGVD-29. The
applicant shall provide a revised site plan showing the first floor and the
loading dock, above a BFE of 4,850.5 feet NGVD-29.
4. 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 the foundation, as
well as providing as-built drawings, prior to the Certificate of Occupancy.
B. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
Individual Sewage Disposal (I.S.D.S.) Regulations. Septic Permit
SP-1000128 must receive final approval from the Weld County
Department of Public Health and Environment.
5. Prior to operation:
A. The applicant shall submit an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required materials. The agreement and form of collateral
must be reviewed by County staff and shall be approved by the Board of
County Commissioners prior to recording the Use by Special Review plat,
or the applicant may submit evidence that all the work has been
completed and approved by County staff.
6. 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
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recording continuance charge shall be added for each additional three (3) month
period.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of April, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL RADO
ATTEST: 1111 C .„
arbara Kirkmeyer, hair /
Weld County Clerk to the
oa , a r ea` n P. on Pro-Tem
Deputy Clerk to the Board
Will F. Garcia
APPROVED ASS -F M: � "\1
L" David . Long
/County Attorney D,u a �i J
Dbbbbbb����ddg las,Rademache
Date of signature: /(/i
2011-0974
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND MARY STAHL
USR#1774
1. The Site Specific Development Plan and Use by Special Review Permit #1774 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility shall maintain compliance with Section 12-47-403, C.R.S., Limited Winery
License, and Section 12-47-403.5, C.R.S., Wine Festival Permit, at all times.
4. 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 (CDPHE) (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.
5. 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, treated, and removed for final disposal
in a manner that protects against surface and groundwater contamination.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. 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.
10. 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.
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
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13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
14. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
15. Bottled water shall be utilized for drinking during construction of the project.
16. In the event the facility's water system serves more than twenty-five (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.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. This application is proposing a well(s) as its source of water. The applicants shall 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, etcetera). Also, the applicants
shall be made aware that groundwater may not meet all drinking water standards as
defined by the Colorado Department of Public Health and Environment. The applicants
are strongly encouraged to test their drinking water prior to consumption and periodically
test it over time.
20. No parking or staging of vehicles on the county road is allowed. Use the on-site parking
area.
21. The applicants shall comply with the provisions of the Flood Hazard Development Permit
(AmFHDP-117).
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
(FEMA) 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.
23. Flood Hazard Development Permits will be required for development activities located
within the FEMA mapped South Platte River Floodplain.
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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.
25. Future development occurring within the floodplain shall be in compliance with the
floodplain codes in effect at that time.
26. Ingress and egress to the facility shall be from the existing access along County
Road 25.
27. A plan review is required for each building for which a building permit is required.
Two (2) complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data Sheet, provided by the Weld County
Department of Building Inspection, with each building permit; submittal plans shall
include a floor plan showing the specific uses of each area for the building. The
Occupancy 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 Chapters 5 and 7 of the 2006 International Building
Code. Fire Protection shall conform to Chapter 9 and exiting requirements by
Chapter 10.
28. Buildings 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, and Chapter 29 of the Weld County
Code.
29. All building plans shall be submitted to the Fort Lupton Fire District, for review and
approval, prior to the issuance of building permits.
30. The Tasting Room hours are 11:00 a.m., until sunset, or 5:00 p.m. if sunset is prior.
31. Special Event hours are 8:00 a.m., until 12:00 a.m.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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.
35. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
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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 Programs.
37. Weld County's Right to Farm Statement, as it appears in Section 22-2-20J.2 of the Weld
County Code, shall be placed on the plat and recognized at all times.
38. 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.
39. The Use by Special Review area shall be limited to the plans shown hereon, and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
40. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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