HomeMy WebLinkAbout20112499.tiff HEARING CERTIFICATION
DOCKET NO. 2011-56
RE: 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— PAT AND AMANDA WEAKLAND
A public hearing was conducted on September 21, 2011, at 10:00 a.m., with the following
present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Don Carroll
Public Works representative, Clay Kimmi
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 2011, and duly published August 24,
2011, in the Fort Lupton Press, a public hearing was conducted to consider the request 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. Bruce Barker, County Attorney,
made this a matter of record. Chair Pro-Tem Conway advised Pat Weakland, applicant, that he
has the option of continuing this matter to a date when the full Board will be present. However,
if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Kirkmeyer will listen to the record and make the determining vote. Mr. Weakland
indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the original USR was approved on January 26, 2000, and the proposed amendment
is for a brewery, which will encumber 1,000 square feet of a 4,800 square-foot warehouse and
include a tasting room and outside patio overlooking the hop farm to the west. Mr. Ogle stated
the hop farm was established in 2007, it is the first in the Front Range, and the plants are
irrigated with water from the Cache La Poudre Irrigation Ditch #2 and a one-third share of an
irrigation well. He gave a brief description of the location of the site, which is outside of the
Urban Growth Boundary, yet within the three-mile referral area for the Town of Windsor. He
stated the Windsor Land Use Map delineates the parcel as Single Family Residential, Parks,
Open Space, Mineral Extraction, and Floodplain. Further, the property is located within the
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Town's Main Street commercial corridor. Mr. Ogle gave a brief description of the surrounding
land uses, and stated Flood Hazard Development Permit, FHDP353, was approved in the
year 2000 for the Office and Greenhouse, and FHDP-731 is currently under review for the
proposed Brewery building and associated improvements. He stated 16 referral agencies
reviewed this proposal, nine offered comments that have been addressed in the Conditions of
Approval and Development Standards, and staff has received no correspondence or inquiries
from surrounding property owners. He further stated the Department of Public Works is
proposing an amendment, marked Exhibit D, to add Condition of Approval #1.J to state, "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." In response to Commissioner Rademacher, Clay Kimmi, Department of Public
Works, stated the FEMA maps designate the 100-year and 500-year floodplains; however, since
this is not a critical facility, the 500-Year rules are not applicable. Responding to Chair Pro-Tem
Conway, Mr. Ogle stated the referral from the Windsor School District makes reference to State
statute regarding liquor applications within 500 feet of a school; however, the nearest school is
one-half mile away from the facility and the standard does not apply.
Don Carroll, Department of Public Works, stated the facility is accessed from State
Highway 392, north on 17th Street. He stated the existing paved parking lot and circulation are
adequate and additional overflow parking is proposed. Mr. Kimmi added stormwater drainage is
not required for the site, since it is located within the floodplain. He indicated the language
proposed in Exhibit D does address that a Flood Hazard Development Permit will be required if
the proposed improvements are located within the 100-year floodplain, to ensure compliance
with FEMA regulations.
Mary Evett, Department of Public Health and Environment, stated water service is provided by
the Town of Windsor, and the existing residence on the site has a well and an unpermitted
septic system. She stated the applicants are being required to have the system evaluated and
permitted, pursuant to Condition of Approval #1.C, and the existing septic system for the
greenhouse/garden center is permitted for up to four (4) employees and occasional customers;
however, it requires an engineer's review to determine adequacy for the proposed brewery use,
as noted in Conditions of Approval #1.D and #1.E. She explained Conditions of Approval #1.F
and #1.G state that if the combined capacity exceeds 2,000 gallons or 20 persons per day, the
applicants will need to obtain State approval and submit evidence of an Underground Injection
Control Class V Injection Well permit from the Environmental Protection Agency (EPA).
Ms. Evett stated all of the food service will be catered or pre-packaged; therefore, a Retail Food
Establishment License is not required. She stated water will be applied for dust control on the
gravel drive, trash disposal will be provided by Northern Colorado Disposal, and process waste
water from the brewery will be contained on-site and hauled to A-1 Organics or the City of
Fort Collins Wastewater Treatment Plant. She further stated, in the future, the applicants would
like to use the waste water to irrigate the hop field, which is addressed in Development
Standard #4, and Development Standard #15 may be deleted since the Department of Public
Works is not requiring a stormwater feature.
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In response to Commissioner Garcia, Mr. Ogle stated the Brewery does not require food
service; only a Brew Pub; however, the applicants do want the ability to serve wine and cheese
at the tastings. Responding to Commissioner Long, Ms. Evett explained if a septic system
serves more than 20 people per day, it is considered a shallow Class V injection well and they
are required to submit an Inventory Form to the U.S. Environmental Protection Agency (EPA).
Commissioner Long commented many rural communities have facilities that serve more than 20
people and he is not aware of any such standard. Responding to Chair Pro-Tem Conway,
Ms. Evett stated governmental entities are not exempt; it is a federal requirement under the
Clean Water Act. Responding further to Commissioners Long and Rademacher, Ms. Evett
clarified upon receipt of the Inventory Form, the EPA issues a letter designating the septic
system as a shallow Class V injection well; it is not requiring them to drill a Class V injection
well. She further stated the map provided by the Town of Windsor indicates the public sewer is
950 feet away.
Mr. Weakland stated the established hop farm consists of approximately two acres, with over 35
varieties of hop plants, which they use to propagate and sell across the county. He stated it is
the largest selection of hop plants available in the country and the product is shipped
nation-wide. He further stated they have obtained a Vital Sanitary Certificate from the State of
Colorado, indicating the plants are clean and bug free. Mr. Weakland stated this unique
agriventure will provide new jobs and help the Garden Center compete economically. He stated
the tasting room will be located within the Garden Center, and the patio will overlook the hop
field and the Northern Front Range. He further stated they also raise other crops to supplement
the beers including, but not limited to, raspberries, blueberries, currents, apples, and fresh
herbs. Mr. Weakland stated, in the future, he would like to utilize the brewery wastewater to
irrigate the crops. He stated, on September 4, 2011, approximately 70 volunteers helped them
harvest over 450 pounds of hops, and he believes this is a unique opportunity to showcase
Weld County's agricultural heritage.
In response to Commissioner Rademacher, Mr. Weakland stated there have been several
barriers regarding the issue of annexation, including the guaranteed ability to continue using the
farm as a diverse agricultural resource. He explained under the proposed Annexation
Agreement, the Town of Windsor currently has the right to revoke the agricultural use for any
reason. He stated Scott Ballstadt, Windsor Planner, has been working diligently to encourage
an annexation; however, the process would take approximately six months to complete and
installing 950 feet of a forced sewer main system is cost prohibitive. He further stated the Town
is also requesting that they pave the parking lot and install landscape islands with lighting posts,
which is a substantial economic commitment; therefore, he would prefer to remain in Weld
County. Responding further to Commissioner Rademacher, Mr. Weakland stated he is still
open to annexation in the future, if the Town is willing to make certain accommodations.
Scott Ballstadt, Windsor Planner, stated the Town Planning Commission did review the
proposed USR referral at its regular meeting and expressed support for the business, which is
consistent with adjacent properties. He stated the site is located within the Town's Growth
Management Area, it has been contiguous to the northern municipal boundary since 1997, and
the Town did recommend annexation at the time of approval for the original USR. He indicated
the Town has assumed water service to the property and the site is accessed from 17th Street,
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which is maintained by the Town. Mr. Ballstadt stated if the sewer main were extended, the
Urban Growth Boundary would also be amended to encompass the property. He stated he
reviewed various sections of the Windsor Comprehensive Plan, indicated the site is consistent
with adjacent zoning, and reiterated the Town Planning Commission has no negative comments
regarding the proposed use. He stated at the Weld County Planning Commission he was
questioned regarding the use of a septic system, to which he responded a determination would
be dependent upon an engineer's evaluation. Mr. Ballstadt confirmed the site does not currently
meet the 400 foot rule; however, staff is willing to meet with the applicant to help facilitate a
formal submittal for review by the Town Board. He stated he has met with Mr. Weakland on a
couple of different occasions to discuss the annexation standards and possible concessions,
which he reviewed for the record.
Commissioner Rademacher thanked the Town and its representatives for speaking with the
applicant and for attending the Weld County hearings, and he expressed support of an
annexation agreement in the future. In response to Chair Pro-Tem Conway, Mr. Ballstadt
confirmed the typical language within an Annexation Agreement states that if an agricultural use
creates a negative impact in the future, it can be revoked by the Town Board. He further stated
currently there are no regulations for a brewery; therefore, the proposal would be classified as
general commercial. Responding further to Chair Pro-Tem Conway, Mr. Ballstadt stated staff
has discussed deferring the paving requirement for a couple of years; however, he explained
the original USR required a paved parking lot and the Town paved the adjoining street, so they
would prefer the applicant pave the gap in between. He further stated upon review of an
engineer's evaluation, the Water/Sewer Board may determine that the sewer connection is not
necessary. Mr. Ballstadt stated the landscaping for the expansion would need to be consistent
with the existing layout, and there would also be the expense for the surveyor preparing the plat
and legal description, with an average of six months to complete the process, depending on the
circumstances. There being no further comments, Chair Pro-Tem Conway closed public
testimony.
Mr. Weakland stated certain representatives from the Town are not quite as accommodating as
Mr. Ballstadt, and although he is not disgruntled with the Town, there is an economic advantage
to developing within the County. In response to Chair Pro-Tem Conway, Mr. Weakland
estimated the cost to develop with the Town to be approximately $26,000.00, in addition to
$35,000.00 to install the sewer line. He further stated he did not bid the lighting requirement,
since he is not interested in doing it.
The Board indicated agreement with adding a new Condition of Approval #1.J, as proposed by
staff. Commissioner Rademacher stated it appears the concerns of the Windsor-Severance
Fire Protection District have been met; therefore, he suggested deleting Condition of
Approval #2.C, and Mr. Ogle agreed. In response to Mr. Weakland, Mr. Kimmi explained
March 18, 1980, was when the County became a participant in the National Flood Insurance
Program, and this is standard language to ensure the existing Garden Center is compliant with
FEMA regulations. The Board also agreed to delete Development Standard #15 regarding a
Stormwater Discharge Permit, since the property is located within the floodplain. Commissioner
Garcia referenced Development Standards #29 through #32 concerning the hours of operation
and he suggested they be deleted. Mr. Barker stated the hours for liquor uses are subject to
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State liquor law. In response to Chair Pro-Tem Conway, Mr. Weakland explained the closing
hours for the Brewery were left vague intentionally. Commissioners Garcia and Long
maintained support for eliminating the specific hours and just deferring to State law, and
Mr. Barker indicated he will research the matter. Mr. Weakland confirmed his understanding of
the explanation from staff concerning the classification of the septic system as an injection well;
not a special construction. He also requested approval to use the effluent from the brewery for
irrigation of the hops crop. Commissioner Rademacher stated that request is subject to review
and approval by the EPA. Commissioner Long commented it would seem to be a beneficial
use, and Ms. Evett confirmed if the use is approved by the EPA, the County Department of
Public Health and Environment has no concerns with the request. In response to
Mr. Weakland, Ms. Evett stated Development Standard #4 is a standard requirement and staff
will review the potential for runoff and provide the relevant information to the applicant. In
response to Chair Pro-Tem Conway, Ms. Evett stated she will contact the State regarding this
proposal; however, she noted the request is similar to a recently approved Winery, which was
required to obtain a Stormwater Discharge Permit. Chair Pro-Tem Conway suggested staff
provide the applicant with the contact information for the winery to use as a reference when
going through the process. Commissioner Long explained the Permit helps ensure any runoff is
captured and not leaching to State waterways.
In response to previous questions from the Board, Mr. Barker stated Development Standard #29
is specific to the Greenhouse and is not subject to the State requirements. Regarding
Development Standard #30, he stated there does not appear to be a restriction on the hours of
operation for a brewery/manufacturer; therefore, it may not be an issue other than for noise and
traffic for the surrounding property owners. Mr. Barker suggested Development Standard #31
be amended to state, "The Tasting Room hours shall be those set by State statute.", which
addresses the issue regardless of which license the applicant is required to obtain. He further
stated Development Standard #32 refers more to the land use, versus the liquor use.
Mr. Barker clarified #30, allowing 24 hours a day, 365 days a year, actually protects the
applicant from complaints of the neighbors. Commissioner Long commented it is not
uncommon for businesses to have inner workings that operate all the time, and yet the hours of
operation are restricted. Commissioner Garcia clarified the hours of operation are typically
related to when the business is open to the public. Commissioner Rademacher reiterated he
would prefer to not designate the hours. Mr. Barker confirmed it has been the default to assume
the hours are 24 hours a day, 365 days a year; however, setting hours does not set a precedent
and, in this case, it serves to protect the applicant. In response to Chair Pro-Tem Conway,
Mr. Ogle stated staff reviews complaints regarding manufacturing uses and applies the default
hours of operation as described by Mr. Barker. Mr. Weakland indicated agreement with
retaining Development Standard #30 and #31, as amended, and the Board agreed, at the
request of the applicant. Mr. Barker reiterated the record is very clear that the applicant may
operate the facility 24 hours a day and he recommends removing #30, and Chair Pro-Tem
Conway stated there is also clear direction for staff regarding any complaints. In response to
Commissioner Garcia, Mr. Weakland stated, based on the preceding discussion, he is
agreeable to deleting #30. Chair Pro-Tem Conway clarified the intent of the Board is to allow
the applicant to manufacture/brew 24 hours a day, 365 days a year. In response to
Commissioner Long, Mr. Ogle stated there is no requirement for the applicant to move toward
annexation. Responding to Chair Pro-Tem Conway, Mr. Weakland stated he has reviewed, and
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is willing to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
Commissioner Long stated it is possible the applicant may pursue annexation in the future;
however, based on current circumstances, he appreciates the applicant's desire to proceed with
the County and he moved to approve the request 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included the addition of Condition of Approval #1.J as proposed in Exhibit D,
the deletion of Condition of Approval #2.C and Development Standards #15, #29, #30, and #32,
and the modification of Development Standard #31 to state, "The Tasting Room hours shall be
those set by State statute." The motion was seconded by Commissioner Garcia, who stated the
proposal will be a great addition to Weld County and the Windsor community. He applauded
the conciliatory tone from the Town of Windsor and stated this is an exciting opportunity for the
first brewery in Weld County. Commissioner Rademacher concurred. Chair Pro-Tem Conway
thanked Mr. Ballstadt for coming on behalf of the Windsor Planning Commission, and clarified it
appears the only issues preventing annexation at this time is the uncertainty with current rules
allowing the revocation of agricultural uses and the possible financial cost. He further stated the
proposal does promote agriculture, in compliance with the mission of Weld County. There being
no further discussion, the motion carried unanimously and the hearing was completed
at 11:27 a.m.
This Certification was approved on the 26th day of September, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Sean P. Con y, Pro-Tem
BY:
Deputy rk to the Boa
am F. Garcia
am ft o
avid E. Long n wiErh ougl s Rademach r
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #1251 - PAT AND AMANDA WEAKLAND
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 9/6/2011)
D. Public Works staff Memo re: Additional Condition, dated 9/20/2011
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