HomeMy WebLinkAbout20110987.tiff HEARING CERTIFICATION
DOCKET NO. 2011-23
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1774 FOR A WINERY IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROBERT AND MARY STAHL
A public hearing was conducted on April 20, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated March 11, 2011, and duly published
March 16, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request 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. Lee Morrison, Assistant
County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and provided a brief description of the site and the surrounding land uses. Mr. Ogle stated the
site is located within the three (3) mile referral area for the City of Fort Lupton, which indicated in
a referral response, dated March 7, 2011, that the proposed use has no conflict with the City's
interests. He stated the applicants' request is for a winery with existing vineyards, and tasting
room to educate the public on the wine-making process. Mr. Ogle stated the water for irrigating
the vineyard is by senior water right, and a non-tributary well is both permitted and decreed. He
stated the site is surrounded by agriculture and aggregate mining activities. Mr. Ogle stated
fourteen (14) referral agencies reviewed the proposal and either indicated no conflict with their
interests or provided comments that have been addressed in the Conditions of Approval and
Development Standards. Planning staff received one telephone inquiry from a surrounding
property owner concerned about the size of the winery and traffic; as well as, one letter dated
April 14, 2011, from Lavenia and Robert Temmer (Exhibit D), which expressed concern with the
increase of traffic, dust, and impaired/drunk drivers. He displayed photographs of the site and
described the surrounding land uses.
Heidi Hansen, Department of Public Works, stated existing access to the property is on County
Road 25, which is a local gravel road that requires 60 feet of right-of-way at full buildout. She
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HEARING CERTIFICATION - ROBERT AND MARY STAHL (USR-1774)
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stated County staff investigated the letter of concern from the Temmers (Exhibit D) and stated
County Road 25 does not meet the Department of Public Works' triggers for requiring dust
control. She added that County staff is addressing the gravel truck issue separately and
inspectors have been out to investigate. Ms. Hansen stated the site is adjacent to the South
Platte River; therefore, the entire property is located within the floodplain, and portions of the
property are within the floodway. However, the location for the proposed winery building is on
the high point of the property, and the applicants have been conditionally approved for a Flood
Hazard Permit, which demonstrates the high point is out of the floodplain. She added that there
are a variety of Conditions of Approval and Development Standards all related to floodplain
development included in the Resolution.
Mary Evett, Department of Public Health and Environment, stated the water for the site is
supplied by an individual well. She referred to a letter dated March 10, 2011, from the Division
of Water Resources indicating there was a water well decree issued in 2010, that approves the
use of this well for commercial and domestic uses. Ms. Evett added there is an existing septic
system for the three (3) bedroom home on the property and the applicants will be installing an
additional septic system for the winery. She stated the winery will be providing food, which will
be catered; therefore, no food establishment license is required. She stated the applicants are
in the process of applying for a discharge permit from the state and the applicants shall provide
evidence from the Water Quality Control Division of the Colorado Department of Public Health
and Environment that the proposed discharge is approved. Ms. Evett recommended the last
sentence be deleted from Development Standard #4. She stated the facility usage is currently
less than 2,000 gallons per day and the applicants are proposing to install a water meter to
manage the flows.
Robert and Mary Stahl, applicants, were present and Mr. Stahl provided background information
about the proposed use. Mr. Stahl started the process in 2004, and has been growing grapes
for seven (7) years. He stated there is a big demand for the proposed winery, and typically
people prefer wineries with attached vineyards. In response to Commissioner Conway, Mr.
Stahl stated this will be the first winery in Weld County. He added there are several wineries
along the Front Range; however, this is the only vineyard growing hybrid grapes.
No public testimony was offered concerning this matter. Responding to Chair Kirkmeyer,
Mr. Stahl stated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards, as proposed and modified. Commissioner Garcia commended the
applicants for bringing this project to Weld County and wished them success.
Commissioner Rademacher moved to approve the request 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered and
amended into the record. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:30 a.m.
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This Certification was approved on the 25th day of April, 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
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`l�,,,; v .rbara Kirkmeyer, C air
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1774- ROBERT M. STAHL AND MARY E. STAHL
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated April 5, 2011)
Levenia and Robert
D. Temmer Letter of Opposition of the Proposed Winery
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