HomeMy WebLinkAbout20183192.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION USR1S -Qpt.fa;
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by David Stahl , Sr. , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR18-0042
APPLICANT: CHERYL SWEET TRUST
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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, AN ACCESSORY USE , OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(A RESTAURANT, COFFEE SHOP , EVENT BARN , AND RETAIL STORE)
PROVIDED THAT THE PROPERTY IS NOT A I.OT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
DISTRICT AND TWO BUILDING MOUNTED SIGNS ONE FOR THE
RESTAURANT AND ONE FOR THE COFFEE SHOP IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4682 ; PART W2NE4 SECTION 5 , T6N , R67W OF THE
6TH P. M . , WELD COUNTY, COLORADO.
LOCATION : SOUTH OF AND ADJACENT TO CR 74 AND APPROXIMATELY 0. 25 MILES
WEST OF STATE HWY 257 (CR 17) .
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.
Section 22-2-20. G - A . Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change. " And Section 22-2-20. G. 2 -
A . Policy 7. 2 states, "Conversion ofagriculturalland to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region. "
The applicant is requesting a Use by Special Review permit for a restaurant (Backyard Bircn ,
a coffee shop/bakery, an event barn ( The White Gable) , and in the future possibly a retail
store , taproom (brewpub) , and a second single-family residence . Due to water
considerations the brewery will not be possible , but the applicant hopes to construct a
taproom (brewpub) . The restaurant and coffee shop are in the same building ; however, they
are separate businesses that will share the kitchen . The event barn maximum occupancy is
175 guests per event. Types of events will include weddings , private dinners , and charity
events . Some events may include live music or a DJ . The design and location of the event
barn has taken into consideration noise levels and impact on neighbors. Music will be kept
inside the barn and any open windows will be facing the center of the property and away from
nearby neighbors .
The proposed USR is in an area that can support such development as there is adequate
infrastructure for this type of development. The Development Standards and the Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region .
Section 22-2-20. H. 1 - A . Policy 8. 1 states, "The land use applicants should demonstrate that
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 2
adequate sanitary sewage and water systems are available for the intensity of the
development."
According to the application materials the potable water will be provided by a tap from North
Weld County Water District. At this time septic systems are shown for the primary residence,
restaurant/bakery, and event barn. The retail/brewery are future buildings and timing on the
construction of these structures is uncertain.
Section 22-2-20.1.5 - A.Policy 9.5, state, "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
The applicant had a meeting with two of the residents in Valley View Ranch Subdivision
(west) and has submitted a letter dated August 9, 2018 addressing the concerns outlined in
the Surrounding Property Owner's letters.
Section 22-2-20.G.3. - A.Policy 7.3 states, "Conversion of agricultural land to urban
residential, commercial and industrial uses should be considered when the subject site is
located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are currently
available or reasonably obtainable. A municipality's adopted comprehensive plan should be
considered but should not determine the appropriateness of such conversion."
This site is located adjacent to the Town of Windsor's corporate limits (CR 74 is annexed into
Windsor) and within a half mile from the Town of Severance. The site is about one -quarter
mile west of the intersection of HWY 257 and Harmony Rd (CR 74). The Town of Windsor
asked for a meeting with the applicant to discuss annexation. Additionally, the Town and has
sent in referral comments that state specific design guidelines for this facility. The Town
submitted a Notice of Inquiry response dated October 17, 2017 and referral agency
comments dated July 5, 2018. The applicant met with the Town of Windsor to discuss
annexation and submitted a letter dated August 11, 2018, which states:
"Annexation - With regard to annexation of the property, we were told by
Paul in a meeting we had several months ago, that we would not be
considered unless we are on sewer, He also told us the property might not
be in a "basin" that would allow connection to sewer. If this has changed, we
would be happy to meet with the town."
Section 22-2-20.H.8 - A. Policy 8.3 states, "The land use applicants should demonstrate that
the roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 74 is under the
jurisdiction of the Town of Windsor. The Town has submitted comments concerning design
and access requirements for CR 74.
Section 22-2-20.H.5 - A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity to
comment on the proposal."
The USR application was sent to sixteen (16) referral agencies including the school district,
the Division of Water Resources, and the fire district. The referral agencies had 28 days to
review this USR and some of them submitted response of 'no concerns' with the rest
submitting comments or conditions that are incorporated as Conditions of Approval or
Development Standards in the staff recommendation.
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 3
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. M, S, FF, and GG, which allows for a Site Specific
Development Plan and Use by Special Review Permit 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, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (a Restaurant, Coffee Shop, Event Barn, and Retail
store) provided that the property is not a lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions
district and two building mounted signs one for the restaurant and one for the coffee shop in
the A (Agricultural) zone district.
Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right"
The USR proposes commercial activities that are consistent with an urban/suburban
environment. This USR is in an area that can support this facility and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The closest residence is
south of and adjacent to the site.
There are three (3) USRs within one mile of this site. USR-1499 for a church is located south
of the site. USR-943 for a recreational facility is located east of the site and AM USR-735 for a
livestock confinement operation is located north of the site although this USR has recently
been annexed into the Town of Windsor.
The Weld County Department of Planning Services sent notice to sixteen (16) Surrounding
Property Owners. Planning staff received correspondence from two (2) surrounding property
owners within 500 feet of the parcel. The letters received outline concerns about traffic,
public safety, the location of the detention pond, the size and the durability of the septic
systems, as well as noise, lights, and dust. The applicant submitted a letter dated August 9,
2018 addressing these concerns. A phone call was received on August 24, 2018 from the
SPO to the south with concerns about the shared access point shown on the revised plans.
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 site is located within a three (3) mile referral area of the Towns of Timnath, Severance,
and Windsor. The Town of Timnath did not return the Notice of Inquiry. The Town of
Severance submitted a Notice of Inquiry stating that they do not wish to annex. The Town of
Windsor returned the Notice of Inquiry dated October 17, 2017, stating that annexation to
Windsor would be possible because the site would meet the 1/61h contiguity requirement. The
applicant has discussed the prospect of annexation with the Town of Windsor and has
decided to continue with this USR in the County.
The Towns of Severance and Timnath did not respond with any referral agency comments.
The Town of Windsor's referral agency comments dated July 5, 2018, include design for the
parking areas, design for CR 74 (Harmony Road) and the access. The Town is requesting
full -cut off lighting fixtures, landscaping and screening, and stormwater detention all
consistent with the Town's standards. The Town is also requiring a traffic impact study. The
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 4
applicant submitted an email on August 11, 2018 addressing the concerns of the Town of
Windsor.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. 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 proposed facility is located on 14 acres of soils designated as "Prime" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This USR will take some
"Prime (Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can
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 map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0042. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5) The signs as proposed by the applicant shall adhere to the criteria as stated in the
Development Standards as approved by the Board of County Commissioners on October
17, 2018. All other signs shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. All signs shall be shown on
the map. (Department of Planning Services)
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 5
6) The map shall delineate the lighting which shall adhere to the Weld County Code and the
dark sky policy. (Department of Planning Services)
7) Show the approved Town of Windsor access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
8) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
9) The applicant shall show the drainage flow arrows. (Department of Public Works)
10) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) 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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to the issuance of Certificate of Occupancies:
A. An on -site waste water treatment system is required for all the proposed structures and shall be
installed according to the Weld County On -site Waste Water Treatment System Regulations.
(Department of Public Health and Environment)
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 map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 6
Motion seconded by Elijah Hatch.
VOTE:
For Passage Against Passage
Bruce Sparrow
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
David Stahl, Sr.
Absent
Bruce Johnson
Michael Wailes
Tom Cope
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, Michelle Wall, 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 September 4, 2018.
Dated the 4th of September, 2018
Michelle Wall
Secretary
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cheryl Sweet Trust c/o Cheryl Sweet
USR18-0042
1. A Site Specific Development Plan and Use by Special Review Permit 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, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (a Restaurant, Coffee Shop, Event Barn, and Retail store) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions district and two building mounted signs
one for the restaurant and one for the coffee shop in the A (Agricultural) zone, 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 hours of operation are:
a) Restaurant: Sunday thru Saturday — 11:00 a.m. - 10:00 p.m.
b) Coffee shop/bakery: Sunday thru Saturday — 6:00 a.m. - 2:00 p.m.
c) Events barn: Friday and Saturday— 5:00 p.m. - 12:00 a.m. and Sunday— 10:00 a.m. - 6:00
p.m.
d) Retail store: Sunday thru Saturday 10:00 a.m. - 6:00 p.m.
e) Tap room (brewpub): Sunday thru Saturday 12:00 p.m. - 8:00 p.m.
4. The application material state that there will be 10 -full time employees, 20 -part time employees and
10 -shift employees. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The signs shall adhere to the below criteria as approved by the Board of County Commissioners on
October 17, 2018:
1) Sign 1: restaurant will be a permanent, building mounted sign - 13' x 1' 6' in size.
2) Sign 2: coffee shop will be a permanent, building mounted sign — 11'4" x 1' in size.
All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
10. 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)
11. 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. (Department of Public Health and Environment)
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 8
12. 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. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
13. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and
Environment)
14. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
17. Any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per
day) shall comply with the Underground Injection Control (U IC) Class V Injection Well requirements of
the Environmental Protection Agency (EPA). (Department of Public Health and Environment)
18. Policy 6 of the Colorado Department of Public Health and Environment, Water Quality Control
Division's (WQCD) Regulations shall be adhered to for multiple septic systems on a single parcel.
(Department of Public Health and Environment)
19. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day
the applicants shall adhere to the requirements of the Colorado Department of Public Health and
Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public Health
and Environment)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
21. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
24. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 9
25. 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.
26. 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.
27. 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.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
29. WELD COUNTY'S RIGHT TO FARM STATEM ENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
RESOLUTION USR18-0042
CHERYL SWEET TRUST
PAGE 10
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PC I�Ii�u+ es EXHIBIT
9 �a4 / r8 � �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING �
(JSR�B -oo�la
Tuesday, September 4 , 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Gene Stille , at 12 : 30 pm .
Roll Call.
Present: Bruce Sparrow, David Stahl , Sr. , Elijah Hatch , Gene Stille, Lonnie Ford , Richard Beck, Tom Cope.
Absent: Bruce Johnson , Michael Wailes
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Michael Hall , Angela Snyder, Department of
Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works;
Frank Haug , County Attomey, and Michelle Wall , Secretary.
The Chair called a recess from 3 :43 p . m . and the meeting resumed at 4 : 00 p . m .
Tom Cope left the hearing at 4 : 00 p . m .
CASE NUMBER: USR18-0042
APPLICANT: CHERYL SWEET TRUST
PLANNER : DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT 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,
AN ACCESSORY USE , OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (A RESTAURANT,
COFFEE SHOP , EVENT BARN , AND RETAIL STORE) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS DISTRICT AND TWO BUILDING
MOUNTED SIGNS ONE FOR THE RESTAURANT AND ONE FOR THE
COFFEE SHOP IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4682; PART W2NE4 SECTION 5, T6N , R67W
OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 74 AND APPROXIMATELY 0 . 25
MILES WEST OF STATE HWY 257 (CR 17) .
Diana Aungst, Planning Services, presented Case USR18-0042 , reading the recommendation and
comments into the record . The Planning Department received correspondence from two surrounding
property owners who are concerned about traffic, public safety , location of detention pond , size and
availability of the septic systems, noise, lights and dust. A phone call was received on August 24, 2018,
from a surrounding property owner who had concerns about shared access point shown on the revised
plans. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards .
Commissioner Sparrow asked staff if the Town of Windsor doesn't care to annex, the Town can still require
the applicant to follow all their conditions. Mrs. Aungst answered that was correct. The Town of Windsor
submitted a very detailed referral agency response stating they would like their design standards followed .
It is up to the Planning Commission and Board of County Commissioners as whether to accept that as a
condition of approval .
Evan Pinkham , Public Works , reported on the existing traffic, access to the site and drainage conditions for
the site.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matthew Smith, 7672 CR 74, explained the project of Windmill Farms. The property is approximately 13.9
acres. The applicant is proposing a second home along with commercial business buildings. The steel
commercial buildings will be built to resemble farm buildings. The applicant is proposing a 1,626 square -
foot upscale, family -friendly restaurant. The restaurant will have 53 indoor seats and there will be an
outdoor patio. They also want customers to be able to pick up food to go. The building will also have a
kitchen and full bar. Hours of operation will be Friday through Saturday from 11:00 a.m. - 10:00 p.m., and
Sunday through Thursday from 11:00 a.m. - 9:00 p.m. In the same building, there will be a 783 square -
foot coffee shop/bakery that will have 16 indoor seats and access to the outdoor patio. It will be open daily
from 6:00 a.m. - 2:00 p.m. There will be a 4,500 square foot event barn that will hold up to 175 people.
The event barn will be used for weddings, charity events, high -end specialty dinners and reunions. Mr.
Smith explained the event barn will close at midnight on Friday and Saturday evenings. There will be a
bridal suite and restrooms in event center. Applicant is proposing a 2,827 square -foot taproom with 15
indoor seats. There will be an outside grain bin gazebo and the applicant is proposing live acoustic music
one or two times a week. Mr. Smith said there will a working two -acre farm and they will raise chickens.
They would like students to come to their site for school field trips.
Assistant County Attorney Frank Haug asked who the applicant/property owner was. Cheryl Sweet stated
she was the applicant/property owner and that she is in support of the project.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ken Hall, 7554 CR 74, Windsor, Colorado, stated he lives on the property to the west. He has lived there
for thirty years. The area has grown tremendously and as a result, County Road 74 (Harmony Road) has
very heavy traffic. Traffic is often backed up and it is difficult for Mr. Hall to get out of his driveway. County
Road 74 is a two-lane road with no turning lanes. He stated that safety is his biggest concern. There have
been many accidents including fatalities on this road; he feels the traffic situation needs resolved. Mr. Hall
does not think that adding this business in the neighborhood would work with the already existing traffic.
He is also concerned about his quality of life, his property values and the noise from the events. Mr. Hall
questioned that if the project is approved, how is it regulated that the applicant is following the hours of
operation, noise regulations, the number of events, etc.
Commissioner Ford asked if Mr. Hall shared the driveway between these two properties. Mr. Hall explained
that there are three properties that share the one -lane driveway. Mr. Hall said he saw a drawing that the
driveway would be used by the business as well. He stated that there is no way sharing this driveway with
the business will work.
Commissioner Sparrow asked staff if the traffic was out of Weld County's hands. Mrs. Aungst, Planning
Department, explained that since County Road 74 is annexed by the Town of Windsor, Weld County does
not have a say in where the access point is going to be located. The Town of Windsor did recommend that
the access point be moved off of County Road 74. The Town of Windsor is requesting a traffic impact study
because of the development to the north. CDOT may also require a traffic impact study.
Commissioner Stille asked staff if they knew what the future plans are for County Road 74. Mr. Pinkham,
Public Works, stated that the only plans that they are aware of are associated with the Rocky Mountain
Sports Park and that they will be expanding County Road 74. They do not have a timeline.
Robb Nelson, 7755 Valley View Circle, Windsor, Colorado, said that he is the President of the home owner's
association. There are twelve lots in the subdivision. He stated that the property owners purchased their
lots to live in a rural development. They share an easement where they can walk or ride their horses. Mr.
Nelson said his biggest issue is the traffic. He is also concerned about property values and the noise impact
from the events. Mr. Nelson asked the Planning Commission to consider the neighbors because no one
in the subdivision is in favor of it.
Jim Seeton, 7680 CR 74, Windsor, Colorado, said that he shares the same concern that safety is the
biggest issue. There have been a lot of traffic accidents that include fatalities. Mr. Seeton does not think
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that adding a business with employees and that many customers will work with the traffic in that area without
a traffic light. He is also concerned and his quality of life and the impact on his livestock.
David Colemere, 7739 Valley View Circle, Windsor, Colorado, stated that he is concerned about safety on
the road, security, and noise. The property is agriculture and he does not want cars, motorcycles, lights
and does not wish to hear cheering crowds. His children go to bed at 8:30 p.m. He also does not want to
see parking lots as his view. Mr. Colemere said he likes the concept of the project; he just doesn't want to
live next to it.
Bonita Sterk, 7511 CR 74, Windsor, Colorado, said she opposes the project and feels the same as the
other neighbors. She said they purchased their home thirty-four years ago to live in rural area and open
views. Ms. Sterk feels the business is using the rural setting as a benefit for their business but take away
those benefits from the actual people who live there.
Rosalyn Leautaud, 36933 CR 15, Windsor, Colorado, stated that she lives 1.25 miles away from this
property. She shares the same concern of the traffic and the rural atmosphere. Ms. Leautaud asked if the
coffee shop will have a drive-thru that will cause more traffic.
Crystal Spencer, 7739 Valley View Circle, Windsor, Colorado, submitted a packet of information with
comments.
Chair asked applicant to come forward to address the concerns. Cheryl Sweet said she still needs to have
the discussion with the Town of Windsor about the access road onto their property. CDOT did a study and
responded that they did not think that it would impact additional traffic by more than by 20%. Ms. Sweet
said they want it to be safe. The applicant said they would like their own access with a turn lane, but the
Town of Windsor will make that determination. Ms. Sweet said she did not know how the hours of operation
would be regulated and asked staff for the answer. Diana Aungst, Planning Department, explained the
applicant would agree to hours of operation in the USR guidelines. If it was determined that the applicant
was operating outside of those hours of operation, then they would be put into violation until the violation
was corrected. The applicant would also have the option to amend their USR to increase business hours.
Commissioner Stille stated that usually it is the neighbors who complain. Mrs. Aungst said usually a
neighbor contacts the office to report the situation and the Planning Department will inspect the site.
Commissioner Sparrow pointed out that if the applicant was not following the guidelines in the approved
resolution, the Board of County Commissioners could revoke the USR permit. Ms. Sweet addressed the
issue of forty-nine employees. She said that all employees would not be there at one time and some of
those employees will be part-time. Ms. Sweet said that she feels their business would be a far distance
from the neighbors' homes. She said there are no plans for a drive thru on coffee shop. The chickens will
be used for their eggs only. Ms. Sweet said she does not expect cheering crowds, they will not be having
concerts. They just want to have light acoustic music played at certain times. Commissioner Stille asked
the applicant is she has any plans for a privacy fence. The applicant does not think a privacy fence will
make a difference because of the property being higher, so they plan on using landscaping for screening.
Ms. Sweet said their civil engineer Chad Cox is present to discuss the detention pond. He has also
designed the septic system.
Chadwin Cox, Civil Engineer for the applicant, 127 South Denver Avenue, Fort Lupton, Colorado, said they
are following the code to detain the develop storm and release it at the five-year historic rate. He said there
are 11.5 cfs calculated for the whole property and the release for the property is .54.
Commissioner Stille asked staff if there were any development standards that needed to be addressed.
Diana Aungst, Planning Department, said we could add a development standard which stated no more than
350 guests or visitors shall be allowed on site at any one time. She said we could also add a condition of
approval addressing traffic which states the applicant shall develop a traffic control plan which shall be
approved by the Department of Planning Services at the Department of Public Works.
Commissioner Stahl, Sr. stated he is not in favor of adopting a plan that has to be approved by the Planning
Commission if we don't have control over the ultimate plan. If the Town of Windsor wants to do something,
they will do it.
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Commissioner Beck said he thinks it is a great project, but he sympathizes with the neighbors because he
lived out in the area in the past. He understands the traffic issues on County Road 74. Because County
Road 74 is annexed with the Town of Windsor, Commissioner Beck said he does not feel that he can
approve a project that needs more road access than what is available.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0042 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by David Stahl, Sr., Seconded by Elijah Hatch.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Lonnie Ford.
No: Gene Stille, Richard Beck.
Absent: Tom Cope
Commissioner Stille based his vote on Section 23-2-220.A.2 and Section 23-2-220.A.3. which has to do
with compatibility with the existing surrounding area. Mr. Stille feels that area will soon be annexed by the
Town of Windsor.
The meeting was adjourned at 6:49 p.m.
Respectfully submitted,
Michelle Wall
Secretary
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