HomeMy WebLinkAbout20110975.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
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Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1774
APPLICANT: Robert& Mary Stahl
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit fora Winery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of
Section 18, T2N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: 0.5 miles north of CR 20 Section Line; east of and adjacent to CR 25.
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 22-2-20.6.2. 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
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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 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
this 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 23-2-220.A.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 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
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surrounding land uses.
I2011-0975
Resolution USR-1774
Robert& Mary Stahl
Page 2
• The site is surrounded by agriculture and aggregate mining activities. The property under
review here was formerly mined for gravel by Weld County; the property to the south was
also mined by the County. The land on the west is currently being mined by Pioneer Sand
and Gravel Company(SW Chambers aka Heit Mine—USR-1444) 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 and to the South are
single family residences on larger tracts of land.
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 areas for the City of Fort Lupton.
The City of Fort Lupton responded to the referral request stating no conflict with their
interests on March 7, 2011.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.5--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. .
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 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.
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:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1774. (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)
Resolution USR-1774
Robert& Mary Stahl
Page 3
4) County Road 25 is designated on the Weld County Road Classification Plan as a
• local paved road, which requires a 60-foot right-of-way at full build out. There is
presently sixty feet of right-of-way. A total of 30 feet from the centerline of County
Road 25 shall be delineated on the plat. This road is maintained by Weld County.
(Department of Public Works)
5) The location of the FEMA mapped 100-year Floodplain and Floodway,as applicable.
(Department of Planning Services)
6) 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)
7) The applicant shall delineate the locations of all Stop signs. (Department of Planning
Services)
8) This parcel is located within the 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. (Department of Public Works)
9) The plans submitted with the USR application show the parts of the winery building
(1s'floor and loading dock)with elevations below the Base Flood Elevation. These
elevations will need to be revised so that they are above the established BFE of
4850.5 feet NGVD-29. (Department of Public Works)
10) The applicant shall delineate all exterior lights associated with the Winery and
• Tasting Room structure, as approved by the Department of Planning Services.
(Department of Planning Services)
11) The applicant shall delineate the location any sign associated with this facility, as
approved by the Department of Planning Services. (Department of Planning
Services)
12) 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. 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
Department of Planning Services. (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 Environmental Health Services, Weld County Department of
Public Health & Environment. (Environmental Health)
E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. (Environmental Health)
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Resolution USR-1774
Robert& Mary Stahl
Page 4
F. In the event the facility's water system serves more 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. (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. (Environmental Health)
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 Department of Planning Services. (Department
of Planning Services)
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)
J. 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 thirty (30) 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)
2. Prior to the Release of Building Permits:
A. The plans submitted with the USR application show the parts of the winery building (1st floor
and loading dock)with elevations below the Base Flood Elevation.These elevations will need
to be revised so that they are above the established BFE of 4850.5 feet NGVD-29. Please
provide a revised site plan showing the First Floor and the Loading Dock above a base flood
elevation of 4850.5 NGVD-29. (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 elevation
certificates for the top of foundation and prior to Certificate of Occupancy as well as providing
as-built drawings. (Public Works)
B. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. Septic
Permit SP-1000128 must receive final approval from Environmental Health Services.
• (Environmental Health)
Resolution USR-1774
Robert&Mary Stahl
Page 5
4. Prior to operation:
• A. The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat;or,the applicant may submit
evidence that all the work has been completed and approved by County staff. (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 thirty(30)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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
• Alexander Zauder
Erich Ehrlich
Roy Spitzer
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 April 5, 2011.
Dated the 5'h of April, 2011.q
yv �i Ll�ii l��"!dem
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert and Mary Stahl dba River Garden Winery
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USR-1774
1. The Site Specific Development Plan and a Special Review Permit 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. (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. The facility shall maintain compliance with 12-47-403 C.R.S. Limited Winery License, and 12-47-
403.5 C.R.S., Wine Festival Permit, at all times. (Department of Planning Services)
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 (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. (Environmental Health)
5. 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)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. 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)
8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
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". (Department of Public Health and
Environment)
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. (Department of Public Health and
Environment)
11. 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)
12. 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)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
•
construction of the facility. (Department of Public Health and Environment)
Resolution USR-1774
Robert& Mary Stahl
Page 7
15. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
• Health and Environment)
16. 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. (Department of Public Health and Environment)
17. 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)
18. 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)
19. This application is proposing a well(s) as its source of water. The applicant should 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,etc.Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health and Environment.
We strongly encourage the applicant test their drinking water prior to consumption and periodically
test it over time. (Department of Public Health and Environment)
20. No parking or staging of vehicles on the county road is allowed. Use on-site parking area.
(Department of Public Works)
21. The applicant shall comply with the provisions of the Flood Hazard Development Permit(AmFHDP-
117). (Department of Public Works)
• 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 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. (Department of Public Works)
23. Flood hazard development permits will be required for development activities located within the FEMA
mapped South Platte River Floodplain. (Department of Public Works)
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. (Department of Public Works)
25. Future development occurring within the floodplain shall be in compliance with the floodplain codes in
effect at that time. (Department of Public Works)
26. Ingress and egress to the facility shall be from the existing access along Weld County Road 25.
(Department of Public Works)
27. A plan review is required for each building for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits 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 Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Building Inspection)
Resolution USR-1774
Robert&Mary Stahl
Page 8
28. Buildings 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
and Chapter 29 of the Weld County Code. (Building Inspection)
29. All building plans shall be submitted to Fort Lupton Fire District Fire District for review and approval
prior to issue of building permits. (Fort Lupton Fire District Fire District)
30. The Tasting Room hours are 11AM until sunset or 5PM if sunset is prior.
31. Special Event hours are 8AM until 12 AM.
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. 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)
35. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
• 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.
(Ordinance 2005-8 Section 5-8-40)
37. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
38. 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)
39. 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.
40. 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.
•
E11I
• an evaluation by an engineer for the employees. The applicant submitted a Waste Handling Plan and Dust
Abatement Plan in which both have been found to be adequate.
Heidi Hansen, Public Works, stated that County Road 1 is classified a collector roadway requiring 80 feet of
right-of-way at build-out; currently there is 60 feet of right-of-way. In February 2010 there were 1,811 vehicles
per day on that road. The applicant will be using the existing access and added that it is a low impact use.
The applicant has provided a water quality depression to control stormwater runoff.
Ken Wolf, 16882 CR 1, Longmont, CO, stated that he does floor covering and installation only. He added that
he stores the carpet and pad and his employees load the carpet and go to the job site. Mr.Wolf commented
that with the proposed addition, he wishes to store more carpet.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Ogle stated that staff would like to request deletion of Condition of Approval 4 since all of the material will
be stored in an existing building or new building to be constructed.
Roy Spitzer moved to delete Condition of Approval 4, seconded by Mark Lawley. Motion carried.
Mr. Ogle added that they would like to request amending Development Standard 4 to read "The hours of
operation shall be limited to dawn until dusk Monday—Friday".
Roy Spitzer moved to amend Development Standard 4 as stated by Staff, seconded by Alexander Zauder.
Motion carried.
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 USR-1773 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; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: .,�,y
APPLICANT: 'm ':Mary a�s
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit fora Winery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of
Section 18,T2N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: 0.5 miles north of CR 20 Section Line;east of and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the proposed facility is within the three mile referral area for the City
of Ft. Lupton. The City of Ft. Lupton, in their referral dated March 7,2011, responded that there is no conflict
with their interests.
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 that is both permitted and decreed. The portion that is not pumped is banked for
future use.
x 3
• The Winery promotes diversification of agriculture in the County. The site is surrounded by agriculture and
aggregate mining activities. The property under review here was formerly mined for gravel by Weld County;
the property to the south was also mined by Weld County. The land on the west is currently being mined by
Pioneer Sand and Gravel Company,doing business as SW Chambers under USR-1444. 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 and to the South are single family residences on
larger tracts of land.
Fourteen referral agencies reviewed this case; seven agencies offered comments, some with specific
conditions. Staff received one telephone inquiry regarding this case with concerns of Winery size, hours of
operation and the perception of traffic concerns.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Mary Evett, Environmental Health, stated that water is supplied by an individual well. A letter was received on
March 10, 2011 from the Division of Water Resources indicating the well is approved for commercial use.
Therefore Conditions of Approval 1.H and 1.N may be removed.
There is a three bedroom home which is served by an existing septic system. There is a new septic permit
which was approved by the Board of Health on January 25,2011 for the Winery. The septic system will need
final approval prior to occupancy. Ms. Evett recommended moving Condition of Approval 1.O to 3.6 Prior to
the issuance of the Certificate of Occupancy.
The design capacity of the existing and the proposed septic systems is just under 2,000 gallons per day. The
applicant is proposing to install a water meter at the Winery to monitor flows. Once the capacity exceeds
• 2,000 gallons per day, the applicant will need State approval for the septic systems. Ms. Evett referred to
Condition of Approval 1.F regarding this and suggested moving this item to Development Standard 4. In
addition, she recommended deleting the last sentence in the paragraph.
Ms. Evett stated that Condition of Approval 1.E is covered under Development Standard 11 and 25;therefore
this condition may be deleted.
Food for the events will be catered and therefore the applicant will not be required to obtain a Retail Food
Establishment License.
Ms. Evett noted that Development Standards 19 and 20 are duplicate to Numbers 16 and 17; therefore
Development Standards 19 and 20 may be deleted.
Roy Spitzer moved to delete Condition of Approvals 1.H, 1.N, 1.E, Development Standards 19 and 20, move
Condition of Approval 1.O to 3.B, Condition of Approval 1.F to Development Standard 4 and delete the last
sentence, seconded by Robert Grand. Motion carried.
Heidi Hansen, Public Works, stated that County Road 25 is a local paved road requiring 60 feet of right-of-way
at build-out. The site is adjacent to the river. The entire property is in a floodplain and part of the property is in
the floodway. The Winery building is being built on an existing high spot and the applicants have acquired a
Flood Hazard Development Permit showing that it is high enough to be out of the floodplain to build at that
location. Development Standard 23 is a standard note for any property in the floodplain to warn any potential
buyers that it may not be buildable.
Robert Stahl, 9378 CR 25, Ft. Lupton, CO, stated that they are proposing a winery. He said that he has had
grape vines onsite for seven years. He added that it is a natural extension to turn those grapes into wine. He
added that they are a little different than the western slope in that they grow hybrid grapes.
• The Chair asked if they wish to amend any of the Conditions of Approval and Development Standards. After
some discussion, the applicants wished to extend the special events hours to 12 am.
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• Robert Grand moved to amend Development Standard 32 to read"Special Event hours are B AM to 12 AM",
seconded by Bill Hall. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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.
Mark Lawley moved that Case USR-1774 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; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 2:16 pm.
Respectfully submitted,hkibd
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Kristine Ranslem
• Secretary
•
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