HomeMy WebLinkAbout20183193.tiffPlanner:
Case Number:
Applicant:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
U SR 18-0042
Cheryl Sweet Trust c/o Cheryl Sweet
Hearing Date: September 4, 2018
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
Legal Lot B of Recorded Exemption RE -4682 being part of the W2NE4 of Section 5, T6N,
Description: R67W of the 6th P.M., Weld County, CO
Location:
South of and adjacent to CR 74 and approximately one -quarter mile west of HWY
257 (CR 17)
Size of Parcel: +/- 14.00 acres Parcel No.: 0807-05-1-00-016
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Town of Windsor, referral dated July 5, 2018
y Weld County Department of Public Works, referral dated July 2, 2018
y Weld County Department of Public Health and Environment, referral dated July 5, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
VVVVV°
Colorado Parks and Wildlife, referral dated June 20, 2018
Weld County Sheriff's Office, referral dated June 22, 2018
Weld County School District RE -4, referral date June 11, 2018
Weld County Zoning Compliance, referral dated June 11, 2018
Windsor -Severance Fire Protection District, referral dated June 12, 2018
State of Colorado, Division of Transportation, referral dated June 13, 2018 and June 14, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y Larimer County
y Town of Timnath
y Town of Severance
y North Weld County Water District
y West Greeley Conservation District
y State of Colorado, Division of Water Resources
y Colorado Department of Public Health and Environment
USR18-0042
Page 1 0111
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Case Number:
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Legal
Description:
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Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
U SR 18-0042
Cheryl Sweet Trust c/o Cheryl Sweet
Hearing Date: September 4, 2018
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
Lot B of Recorded Exemption RE -4682 being part of the W2NE4 of Section 5, T6N,
R67W of the 6th P.M., Weld County, CO
South of and adjacent to CR 74 and approximately one -quarter mile west of HWY
257 (CR 17)
+/- 14.00 acres Parcel No. 0807-05-1-00-016
The applicant is requesting a Use by Special Review permit for a restaurant (Backyard Bird), 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 hours of operation are proposed to be:
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.
The application materials state that there will be a total of 11,829 square feet of commercial space, with a
total of 294 seats and 49 employees. Per the Weld County Code this requires 95 regular parking stalls and
4 ADA parking stalls. The applicant is meeting the requirements of the Code by providing 120 regular
parking stalls and 10 ADA parking stalls. Finally, there will be two building mounted signs one for the
restaurant (11.57 sf) and one for the coffee shop (4.22 sf).
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DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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 of agricultural land 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
Bird), 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 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
USR18-0042
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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.
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.
USR18-0042
Page 4 0111
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 fora recreational facility is located east of the site and AMUSR-
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 1/6th 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 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.
USR18-0042
Page 50111
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 Department of Planning Services' staff 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)
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)
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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)
USR18-0042
Page 70111
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)
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)
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Page 80111
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 (UIC) 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)
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Page 90111
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 STATEMENT: 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.
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Page 10 0111
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.
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, sand burs, 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.
USR18-0042
Page 11 0111
August 09, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
SWEET CHERYL
PO BOX 213
TIMNATH, CO 805472356
Subject: USR18-0042 - 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.
On parcel(s) of land described as:
PART W2NE4 SECTION 5, T6N, R67W LOT B REC EXEMPT RE -4682 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 4, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 17,
2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
VSkitk_g29,aiAlj,
Diana Aungst
Planner
June 08, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
SWEET CHERYL
PO BOX 213
TIMNATH, CO 80547
Subject: USR18-0042 - 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 in the A (Agricultural) zone
district.
On parcel(s) of land described as:
PART W2NE4 SECTION 5, T6, R67W LOT B REC EXEMPT RE -4682 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
OkA-S29—ftW1/1-j.,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 8/24/18
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
U SR 18-0042
Cheryl Sweet Trust c/o Cheryl Sweet
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
Lot B of Recorded Exemption RE -4682 being part of the W2NE4 of Section 5, T6N,
R67W of the 6th P.M., Weld County, CO
South of and adjacent to CR 74 and approximately one -quarter mile west of HWY
257 (CR 17)
+/- 14.00 acres
Parcel No.: 0807-05-1-00-016
Zoning
Land Use
N
Municipal - Windsor and AG
N
Agriculture/Rural Residential
E
PUD - A/C/R-1
E
Rural Residential
S
A (Agricultural)
S
Rural Residential
W
A (Agricultural)
W
Agriculture/Rural Residential
COMMENTS:
The site contains a new residence. There is no direct access into the site.
4yI flea
Diana Aungst, Planner ' V
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