HomeMy WebLinkAbout20173543.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0038, FOR A BREWERY IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL AND MARY WOODRUFF
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of
November, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael and Mary Woodruff, dba Sheaf and Kettle Brewing Company,
LLC, 41640 CR 39, Ault, CO 80610, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0038, for a Brewery in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -3313; being part
of the S1/2 NW1/4 of Section 5, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." The applicant states that beer is simply malted grain,
water, hops, and yeast, and has been using small personal batches
of grain that comes out of Alamosa, Colorado, called Colorado
Malting CompanyNiking Malts. Longer term plans may utilize
grains grown from Nunn and Fort Collins. The applicant currently
grows hops on the property for use in the small batches produced;
cc:PLC KO/ MM),PEcH8), I-ILCLt,),
C.T !,CTTJ, c1.PPL
Ca.tlf(7
2017-3543
PL2501
SPECIAL REVIEW PERMIT (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 2
however, until the hops crop becomes more established other
sources of the hops may be utilized. High Hops is a brewery in
Windsor, as well as a hops farm and may be a source in the interim.
The yeast is basically just the genetic material that would be initially
bought and then breweries regrow the yeast culture. A long-term
goal would be to obtain all of the ingredients from within a 20 -mile
radius.
2) Section 22-2-20.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." The proposed facility is located
on a 12.28 -acre tract of land that was historically part of a larger
farming operation. The re -purposing of the existing outbuildings and
housing stock retains the agricultural history of the property.
3) Section 22-6-20.A.2 (ECON.Policy 1.2) states: "Promote the
expansion and diversification of the commercial economic base to
achieve a well-balanced commercial sector in order to provide a
stable tax base and a variety of job opportunities for County
citizens." The applicant is proposing a Brewery, Sheaf and Kettle
Brewing Company, LLC, with a taproom having tables and chairs to
be located within an existing agricultural building that will be
re -purposed and permitted for commercial use. The large shed
building is 1,600 square feet in area with 375 square feet utilized for
the initial brewery component with plans to eventually expand to
include the entire structure. A second agricultural shed will be
converted to a taproom with a lavatory and will be 351 square feet
in area initially, with plans to expand to approximately 650 square
feet. An approximate 470 square -foot outdoor deck and walk
adjacent to the tap room is proposed in the initial construction and
operational phase. As stated in the application, beers brewed
on -site can be purchased for sale on -site. Also, beers can be
pre -bottled and available for sale to anyone who would want to take
it home with them. The lure is to have people come out to rural Weld
County and enjoy the beauty, get away from the city for a while (or
a place for locals to call their own), explore quaint local towns that
often get overlooked, and provide a small agriculture setting to relax
with a beer. The beers are meant to be rustic styles that were
produced for and by agriculture communities. The activity of utilizing
the existing agricultural buildings and re -purposing their use, the
growing of the materials utilized in the creation of the beverage is
directly related to the existing agriculture near the property and in
2017-3543
PL2501
SPECIAL REVIEW PERMIT (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 3
Colorado. The brewery promotes the diversification of agriculture
in the County.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.FF of the Weld County
Code provides for a Brewery as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by large
tract agriculture holdings, many having an irrigated pivot or field irrigation.
There is limited residential development in the immediately adjacent area.
The property was likely the homestead for the adjacent property created
via the Recorded Exemption process. The land on the west has a center
pivot with no residential structures or development; the land to the north is
field irrigated in crop production; lands to the east are in agricultural
production and have three 183 -foot, in height, radio towers permitted under
USR-1491, located to the northeast of the property; and lands to the south
are also in agricultural production with a center pivot and no residential
structurers or development. There are five property owners on seven
parcels of land within five hundred feet of the proposed brewery site. The
applicant contacted the immediate adjacent property owners to discuss the
project on June 10, 2017. Planning staff has received two letters from
adjacent land owners, dated July 31, 2017, and August 2, 2017, in which
several issues are raised, including the community meeting dialog, the
number of customers on -site versus the number of available parking
spaces, the hours of operation, issues of safety and security for adjacent
equipment and real property, and the potential for paper products and trash
to get into the irrigation ditch causing problems with delivery of water.
These land owners are not objecting to the brewery but are not in support
of the taproom to accompany the brewery. The proposed Development
Standards address disposal of wastes generated on -site, blowing debris
and other potential nuisance conditions and the requirement of confining
fugitive dust to the property.
D. Section 23-2-230.B.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 brewery is within the three (3) mile referral areas for the
Towns of Ault and Pierce. The Town of Pierce returned the referral
response stating no conflict with their interests on July 25, 2017. The Town
of Ault did not respond.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
2017-3543
PL2501
SPECIAL REVIEW PERMIT (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 4
Fee, County Facility Fee and Drainage Impact Fee Programs. The property
is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated as "Prime," by the USDA Soil Conservation
Service. The proposed use will not remove any additional agricultural land
from production and serves as the base of operations, utilizing the existing
building stock and residence for the applicants.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Condiions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael and Mary Woodruff, dba Sheaf and Kettle
Brewing Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0038, for a Brewery, in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0038.
2) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) County Road 39 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) Show and label the approved access (AP17-00441), and the
appropriate turning radii (60') on the site plan.
6) The applicant shall show the drainage flow arrows.
7) Show and label the parking area for the vendors, customers and/or
employees.
2017-3543
PL2501
SPECIAL REVIEW PERMIT (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 5
8) A graphic key and or symbol serving to identify each component
that is located within the USR Boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the map.
9) The applicant shall delineate all exterior lights associated with the
Brewery, Taproom Room structures and parking area.
10) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
11) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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.
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 be added for each additional three (3)
month period.
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.
5. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed per the Weld County OWTS
Regulations.
2017-3543
PL2501
SPECIAL REVIEW PERMIT (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 6
B. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
Department of Health and Environment for any proposed discharge into
State Waterways, if applicable.
6. The Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Special Review map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of November, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dith/t) � ,,Z ,,
Weld County Clerk to the Board
BY:("
D LtpJ Q•
y Clerk to the Board
A P. RAVED AS
County Attorney
Date of signature: t a ( S/ 11
WELD COU TY, COLORADO
Julie A. C•zad, Chair
Steve Moreno, Pro-Tem
arbara Kirkmeye
2017-3543
PL2501
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL AND MARY WOODRUFF,
DBA SHEAF AND KETTLE BREWING COMPANY, LLC
USR17-0038
1. The Site Specific Development Plan and Special Review Permit, USR17-0038, is for a
Brewery in the A (Agricultural) Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility shall maintain compliance with Title 12, Article 47, Section 402 C.R.S. Brewery
at all times.
4. The Brewery hours are 24 hours a day, seven (7) days a week.
5. The Taproom hours of operation are: 11:00 a.m. to 9:00 p.m., Monday through Sunday.
6. There shall be a maximum of four (4) employees.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The historic flow patterns and runoff amounts on the site will be maintained.
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
10. 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, Section 30-20-100.5, C.R.S.
11. Waste materials shall be handled, stored, and disposed of 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 I, of the
Weld County Code.
12. 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.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility. Sewage disposal for the facility shall be by septic system. Any septic
2017-3543
PL2501
DEVELOPMENT STANDARDS (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 2
system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems (OWTS).
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
21. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) 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 Colorado registered engineer, shall be
required or an Open Hole Inspection.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
2017-3543
PL2501
DEVELOPMENT STANDARDS (USR17-0038) — MICHAEL AND MARY WOODRUFF
PAGE 3
25. 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.
26. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2017-3543
PL2501
Hello