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Home My WebLink About20183204.tiffHEARING CERTIFICATION DOCKET NO. 2018-104 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0042, FOR A BREWERY, BREWPUB, A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RESTAURANT, COFFEE SHOP, EVENT BARN, AND RETAIL STORE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS, AND TWO BUILDING MOUNTED SIGNS, ONE FOR THE RESTAURANT AND ONE FOR THE COFFEE SHOP IN THE A (AGRICULTURAL) ZONE DISTRICT - CHERYL SWEET TRUST A public hearing was conducted on October 17, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad - EXCUSED Commissioner Mike Freeman Also present: Clerk to the Board, Esther Gesick Assistant County Attorney, Frank Haug Planning Services Department representative, Diana Aungst Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated August 13, 2018, and duly published August 16, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Cheryl Sweet Trust, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0042, for a Brewery, Brewpub, a Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (restaurant, coffee shop, event barn, and retail store) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, and two building mounted signs, one for the restaurant and one for the coffee shop in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. El Chair Moreno reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Cozad excused. c.c.. PL-(Ock4TP),PwcEP), EHCLL) (I,Q8*/I8* 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 2 • Diana Aungst, Department of Planning Services, presented a brief summary of the proposal for a site located south of County Road (CR) 74 and west of State Highway 257. She stated staff sent out 16 referral requests: nine (9) replied with no concerns or provided comments that have been addressed in the Conditions of Approval and Development Standards, and seven (7) agencies did not respond. She stated the application includes a restaurant to be named The Backyard Bird, an event barn to be called The White Gable, as well as a coffee shop, bakery, retail store, tap room/brew pub, and second residence. Ms. Aungst explained the event barn is designed for a maximum occupancy of 175 guests for weddings, private dinners and charity events which may include live music or a DJ. She stated the design and location will take noise into consideration to mitigate impacts to neighbors and she detailed the hours of operation for the various uses. She also reviewed the occupancy limits, parking, signage, and surrounding land uses. Ms. Aungst stated staff received correspondence from three (3) surrounding property owners (SPO) expressing concerns regarding traffic, public safety, location of the detention pond, size of septic systems, noise, lights, and dust. In response, the applicant submitted a letter detailing their plans to address or mitigate the concerns; however, a supplemental letter of concern was received and six (6) people spoke in opposition at the Planning Commission hearing and reiterated concerns with traffic, drainage, security, noise, dust, lights from cars, odors, quality of life and impacts to livestock. In response, the applicant indicated the traffic will not be more than a 20% increase, and they requested a separate access with a turn lane, subject to the jurisdiction of the Town of Windsor. Ms. Aungst stated the site is located within the three (3) -mile referral area for the Towns of Timnath (no response), Severance (no interest in annexing), and Windsor, which indicated annexation is possible since the site meets the 1/6 contiguity requirement. However, the applicant chose to proceed with development through Weld County but is working to address the requests of Windsor for the parking design, a traffic study concerning access from CR 74, and landscaping/screening that is compatible with the Town's standards. She entered the favorable 4-2 recommendation of the Planning Commission into the record as written, displayed vicinity maps depicting the location of municipal boundaries and surrounding uses, and reviewed the site plan layout and photos of the site, reiterating the property is accessed from CR 74 along the northern property boundary. • Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements and presented the drainage and grading requirements. He explained the access to CR 74 is under the jurisdiction of the Town of Windsor, and the Traffic Study anticipates the proposal will generate an average of 100-300 rounds trips per day. He stated the average daily traffic count for CR 74 was 12,467 (dated May 20, 2016), with nine (9) percent truck traffic. He further stated the Preliminary Drainage Report has been received; however, the Final Drainage Report will be required prior to recording the USR map, and a Grading Permit will also be needed if more than one acre of the site is disturbed. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. She stated the septic system will be designed by an engineer, it must meet the State spacing requirements, and the 20 -plus capacity requires the classification of an injection well through the Environmental Protection Agency (EPA). She stated the septic must be designed and installed prior to issuance of the Certificate of Occupancy and staff is requiring the typical Development Standards concerning dust and disposal of animal and feed wastes to avoid nuisance conditions. Lastly, she stated the site must comply with the noise standards of the Commercial Zone, music will be interior to the event barn which is located central to the site, the 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 3 facility will be subject to the Retail Food regulations, and Development Standards (DS) #10-22 address typical Environmental Health requirements. • Cheryl Sweet, applicant, was accompanied by her daughter and son-in-law and co -business operators, Matthew and Nicole Smith. Mr. Smith stated he has been a chef for 20 years and displayed a PowerPoint presentation (Exhibit F) detailing the site plan and proposed rendition drawings and business operations for the family dining restaurant, including: menu, building size, seating, decorations, indoor/outdoor capable patio, full bar, outside play area, and hours. He gave a brief overview of the Coffee Shed seating, hours, interior rustic decor and menu. Next, he described The White Gable as an upscale event barn planned for 2-3 events per week, including rendition drawings, floor plans, occupancy loads, interior music, hours, noise and alcohol control, and landscaping for visual mitigation. Lastly, he reviewed the Tap Room capacity for small parties and retail space. Mr. Smith proceeded by reviewing presentation slides concerning a positive community impact, jobs, agricultural farm -to -table education, traffic mitigation, noise control, and site redesign with consideration given to the proximity of neighbors. He stated their goal of providing an agricultural and country living atmosphere, despite the growth and development that is coming to the area, including large surrounding parcels which are zoned Commercial. He asserted the proposal will promote business and agriculture, which is consistent with the County's goals and policies while supporting the high -quality and rural character of the existing, surrounding community. • In response to Chair Moreno, Mr. Smith stated they did reach out to the community prior to the Planning Commission hearing, and the revisions to the site and plans were in response to concerns expressed at the public hearing. Responding to Commissioner Conway, the applicants indicated the property to the north is zoned Commercial. El Dave Colemere, SPO directly to the east, stated the Rocky Mountain Sports Park resulted in the commercial zoning to the north; however, that particular use is no longer happening. He expressed concern with the high traffic volume, lack of shoulders, potential for at least 200 vehicles, insufficient entry for the project, and disturbance to livestock in the area. He also referenced a traffic impact study, which was subsequently provided by Planning staff and included in the record as Exhibit K. • Patti Meuwissen, SPO to the southeast and 25 -year area resident, stated the neighboring Homeowners' Association (HOA) maintains a 1.8 -mile walking path along the east side of the proposed property which is enjoyed by many area residents. She stated the proposal is inconsistent with the area. In response to Commissioners Conway and Kirkmeyer, Ms. Meuwissen confirmed the path is part of the HOA; however, the subject site not part of the development. Ci Jim Seeton, SPO to the south, stated the subject site has always been used for grazing, and the current proposal was developed in anticipation of the nearby sports park; however, because that is no longer a consideration, the applicant's proposal is no longer needed or compatible with the area. He further stated public sewer is not available, septic is not sufficient for the number of people anticipated, lighting will be a nuisance, it will hinder the neighbors' ability to sell their properties, and negatively impact nearby livestock. Mr. Seeton also referenced 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 4 pending Amendment 74 and stated this decision will impact area property values as a result of extended operating hours, increased traffic, alcohol sales, and safety hazards. He stated it is a quality proposal and he likes the idea; however, he is opposed based on the location, inadequate access, and inability to fully mitigate the effects of noise, dust, lighting and traffic. In response to Commissioner Conway, Mr. Seeton stated he is not aware of any intentions to change the zoning of the property to the north (previous sports park site) at this time. El Scott Ballstadt, Windsor Planning Department, stated the area has been zoned General Commercial for some time, and although the sports park will not be developed, there is no intention to change the zoning at this time. He confirmed the Town of Windsor will be working with the applicant concerning the access location. He noted the Transportation Impact Letter was received yesterday afternoon, which will be reviewed in detail; however, his preliminary review found that the study acknowledges Windsor's standards and includes a diagram of an auxiliary lane. He encouraged the applicant to work with the neighbors concerning the existing shared access point on CR 74, citing an average daily traffic (ADT) count of 9,000-12,000 which is projected to increase to 20,000-25,000 by the year 2040. Mr. Ballstadt requested the Board include a Condition of Approval (COA) which acknowledges the subject property is within Windsor's North Weld County Water District service area. In response to Commissioner Conway, he stated the property to the north was zoned General Commercial in the late 1980s when the property was annexed. Responding to Commissioner Kirkmeyer, Mr. Ballstadt indicated the original access was established through the Recorded Exemption process and affords better spacing separation from the intersection with State Highway 257. He confirmed he has not yet reviewed the new proposed access that is more central to the property. He further stated Windsor is working with the Town of Severance regarding the proposed traffic signal at CR 13 and Harmony Road, which is slated for construction in the Spring of 2019, and then extend up to CR 15 the following year. John Shonka, SPO to the south, pointed out the location of the current shared access easement which was created in 2003, and intended for utilities and residential access. He expressed opposition to the shared access and asserted the proposed commercial use should have its own separate access, including a deceleration lane and a turn lane. El Wendy Weigler, Attorney representing property owners in the Valley View Ranch HOA, referenced an opposition letter (Exhibit E) and stated the decision of the Planning Commission occurred after removal of the sports park, based on referrals which were submitted with that intensive use as a factor in their comments. She asserted it is not appropriate to proceed if the recommendations were based on facts that are no longer applicable. Ms. Weigler echoed the concerns of the previous speakers concerning access to a very busy roadway and use of an easement that is restricted to residential use. She stated the Town of Windsor cannot require the owners of the shared access to allow access for the commercial use and the applicant has failed to accomplish neighborhood outreach or meetings. She stated the applicant has presented a quality plan for multiple uses (farm -to -table restaurant, coffee shop, event space, brew pub, live indoor/outdoor music, chickens); however, if the use is successful, it will have a negative impact on the existing neighborhood with increased noise, traffic, and nuisance conditions. She reiterated the change in circumstances deem the application inappropriate until the proposal is reviewed without the sports park factor. el In response to Chair Moreno, Ms. Weigler confirmed she 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 5 represents the opposing views of 12 residents within the Valley View Ranch Subdivision. Commissioner Kirkmeyer stated the Board must consider seven (7) Code criteria and the applicant must demonstrate consistency with County's Comprehensive Plan and the intent of A (Agricultural) Zone District, compatibility with the existing surrounding land uses and future development of the surrounding area, impacts from overlay districts, conservation of Prime Agricultural land which requires irrigation and proper soils, and implementation of the Design Standards to protect the health, safety and welfare of area residents and the County. Ms. Weigler reiterated much of what is in the application is based on factors that are no longer applicable. El Mr. Haug agreed with Commissioner Kirkmeyer's summary of the Board's responsibility. He noted it is within the Board's discretion to consider that circumstances on other neighboring properties may have changed and take that into consideration based on public testimony. He stated it is still the applicant's burden of proof to demonstrate compliance and consistency with the Code criteria. tD Bonita Sterk, SPO to the west, expressed concern with the proposed access and stated traffic often backs up past her driveway twice a day during rush hour. Chair Moreno closed public comment and recessed the hearing at 1:01 p.m. to be reconvened at 2:15 p.m. la Chair Moreno reconvened the hearing at 2:21 p.m. Ms. Smith clarified they purchased the property in July, 2017, and their plans were not dependent on the Rocky Mountain Sports Park. She stated the amount of traffic on CR 74 is comparable to city traffic and has been for many years, regardless of their project. She stated the traffic study was conducted by the same consultant involved in the sports park project, but it was conducted after the sports park was eliminated and it analyzed only their project. She explained the access location will be subject to future discussions with the Town of Windsor, with the goal of ensuring a safe entrance based on a traffic study which projects an increase of 200 vehicles or less, which equates to less than five percent (5%) of the current traffic. She addressed the walking path which is 30-50 feet wide and stated they intend to plant a row of trees on the east side of their property and will not encroach on the equine path. Ms. Smith noted the neighboring property located southwest of the intersection of CR 74 and HWY 257 is zone Commercial, their proposal for a second house is a place holder and would only be used as a residence for family, and they realize water and sewer may be an issue for the second residence, so it may not happen at all. Ms. Smith acknowledged the concerns regarding decreased property values, but commented it is difficult to determine the cause of why a property does not sell. She stated the 49 employees will not all be there at the same time, that is the maximum total which allows some flexibility for special events, and portions of the overall use may not be developed for years. She explained the North Weld County Water District (NWCWD) has approved two (2) water taps: one for the existing house and one for the business. She confirmed they are not requesting a zoning change, but rather, a Use by Special Review permit in the A (Agricultural) Zone District. She indicated they did speak with Robb Nelson HOA President, as well as Jim Seeton and Ken Hall concerning their application, and she clarified the hours for the bar and restaurant, contrary to the information previously submitted by Ms. Weigler, attorney for the HOA. Lastly, she stated chickens are allowed as a Use by Right, referenced aerial photographs of similar uses demonstrating compatible situations, reiterated the 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 6 site plan has been adjusted to mitigate any impacts, and confirmed the three septic systems were designed by an engineer. O Responding to Chair Moreno and Commissioner Kirkmeyer, Ms. Smith reviewed the hours of operations for the various proposed uses. She added there are existing or proposed commercial uses surrounding their property, and they want to highlight agriculture. Commissioner Conway summarized various commercial uses within vicinity of the site. • In response to Chair Moreno, Ms. Smith stated they have reviewed and agree the Conditions of Approval and Development Standards, with the slight change to the hours of operation as previously discussed. el In response to Commissioner Kirkmeyer, the applicant pointed out the existing access, clarified there is no access on the east side of the property and indicated the location of the proposed landscaping. • Responding to Commissioner Conway, Ms. Smith stated they are committed to working with the neighbors and the Town of Windsor concerning the access. Ms. Sweet stated she also uses the access and her first choice would be to utilize a separate access for the facility. Mr. Smith stated regardless of the location of the access, any road improvements will be beneficial, and Ms. Sweet expressed her hope to turn the safety concerns into a positive improvement. • In response to Commissioner Conway, Mr. Smith clarified the hours of operation and the Board agreed to modify Development Standard (DS) #3.A to state: "Restaurant: Sunday through Thursday, 11:00 a.m. - 9:00 p.m., and Friday — Saturday, 11:00 a.m. to 10:00 p.m." Ms. Smith confirmed the hours for the coffee shop in DS #3.B are correct. Following discussion concerning holiday hours for the event barn, DS #3.C was modified to read: "Events barn: Sunday— Thursday 10:00 a.m. - 8:00 p.m., and Friday and Saturday, 11:00 am. — 11:00 p.m. On the weekends of Labor Day, Memorial Day and Fourth of July if it falls on a Monday, the hours on Sunday will be 11:00 a.m. - 11:00 p.m." Lastly, the hours of the retail store were extended to "10:00 a.m. to 8:00 p.m. • Commissioner Kirkmeyer suggested removal of the 'Dark Sky Policy' from COA #1.6.6., the addition of a new COA #1.6.7 that requires a Landscaping and Screening Plan requiring landscaping on the east side of the property to block the Use from the adjacent equestrian/walking trail and along the south side of the parking lot, and the addition of a new DS #6 to maintain compliance with the Landscaping and Screening Plan. The Board agreed. • In response to Commissioner Freemen concerning DS #13, Commissioner Kirkmeyer clarified the reference to animal and feed wastes is in relation to the proposed chickens. In response to Commissioner Conway, Mr. Smith indicated there will be approximately 35 chickens. Commissioner Freeman stated they are allowed regardless of the USR permit and the Board agreed to delete DS #13. • Mr. Pinkham stated COA #1.B.9 is a duplicate of #1.B.8 and the Board agreed to delete #1.6.9. 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 7 ID In response to Chair Moreno, the applicants indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Conway moved to approve the request of Cheryl Sweet Trust for a Site Specific Development Plan and Use by Special Review Permit, USR18-0042, for a Brewery, Brewpub, a Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (restaurant, coffee shop, event barn, and retail store) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, and two building mounted signs, one for the restaurant and one for the coffee shop 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 amended in the record. The motion was seconded by Commissioner Kirkmeyer, who acknowledged the concerns of the neighborhood but commented that this is a 13 -acre parcel surrounded by commercial properties. She stated the Windsor Planning Director indicated improvements are scheduled for CR 74 in the next couple of years, and the proposal will generate less than a 5% increase in the overall traffic. She encouraged the applicant will continue to work with the Town of Windsor, as well as with the neighbors. She further stated the proposal will be a good transition for the area, compared to other uses that could have been proposed. In response to Ms. Aungst concerning the need for a condition addressing water source, Commissioner Kirkmeyer indicated that is not necessary based on the applicant's testimony that they have already been issued two well permits. Commissioner Freeman agreed with the previous comments, stated he anticipates similar uses along CR 74 in the future, and commented the impact along the road will be much less than if the sports park were there, or if it was a strip mall or something else were developed. Commissioner Conway thanked the SPOs for attending and offering input which afforded the opportunity to address many of the concerns. He agreed the proposed use is consistent with the surrounding commercial zoning and reiterated the applicant will be working with the Town of Windsor concerning access to CR 74. Chair Moreno also extended his appreciation to those present. There being no further discussion, the motion carried unanimously, and the hearing was completed at 3:13 p.m. 2018-3204 PL2590 HEARING CERTIFICATION - CHERYL SWEET TRUST (USR18-0042) PAGE 8 This Certification was approved on the 22nd day of October, 2018. 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