application for a substantial amendment to a …

APPLICATION FOR A SUBSTANTIAL AMENDMENT TO A SPECIAL USE PERMIT

GARFIELD COUNTY, COLORADO

SUBMITTED ON BEHALF OF:

WOODY CREEK DISTILLERS, LLCRepresentative: Mark Kleckner

60 Sunset DriveBasalt, CO 81621

970.279.5110www.woodycreekdistillers.com

SUBMITTED BY:

ROCK CREEK STUDIORepresentative: Dave Michaelson

215 Jefferson Street, Suite 7Fort Collins, CO 80524

970.215.0451

http://www.woodycreekdistillers.com



TABLE OF CONTENTS

1. GENERAL DESCRIPTION —————————————————————- 12. EXISTING SUP PERMIT —————————————————————- 13. SITE DESCRIPTION ———————————————————————— 14. ENVIRONMENTAL CONSTRAINTS ——————————————————- 65. DETAILED PROJECT DESCRIPTION ———————————————- 66. COMPLIANCE WITH PRIOR CONDITIONS OF APPROVAL ————— 87. SUBMITTAL REQUIREMNTS —————————————————— 98. QUALIFICATION OF PREPARERS——————————————————— 14

LIST OF EXHIBITS

1. REGIONAL CONTEXT MAP ————————————————————— 22. VICINITY MAP ————————————————————————— 33. SITE PLAN/IMPROVEMENT SURVEY ——————————————— 44. PHOTO INVENTORY —————————————————————— 55. EXISTING ZONING ————————————————————————— 76. ADJACENT OWNERSHIP ————————————————————— 10

LIST OF ATTACHMENTS

A. BUSINESS MODELB. RESOLUTION 2004-60C. RESOLUTION 2004-71D. PRE-APPLICATION MEMOE. STORAGE PLANF. ADJACENT PROPERTY OWNERSG. LETTER OF AUTHORIZATIONH. DEEDI. WELL PERMITJ. SEPTIC AND WELL INSPECTION REPORTK. RESUME OF PREPARER

Garfield County SUP Amendment

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1. GENERAL DESCRIPTION

Woody Creek Distillers is requesting a modification of an existing Special Use Permit (SUP) to permit for the storage of whiskey barrels to allow for aging of their distilled spirits. Specifically, the site would only be used for storage and aging of the product with no retail, wholesale, or on-site distillation. The site is located at 0566 County Road 113 (Cattle Creek Road).

A Regional Context Map is included as Exhibit 1, and a Vicinity Map is included as Exhibit 2. A general business model of Woody Creek Distillers is included as Attachment A.

The property was purchased by Martin Michael LLC. Martin Michael LLC is wholly owned by Mary Scanlan, the CEO of Woody Creek Distillers LLC. Martin Michael LLC provides the property for the exclusive use of Woody Creek Distillers LLC as described in the SUP amendment application.

2. EXISTING SPECIAL USE PERMIT

The current Special Use Permit in place for the property was approved by Resolution No. 2004-60 (Attachment B), and was subsequently amended to reflect a Scribner’s error by Resolution 2004-71 (Attachment C). The uses approved via these 2004 approvals was quite specific, and the precise use language is as follows:

“Office, Plumbing, Material Storage and Warehouse, and Associated Vehicle Parking.”

The applicant met with Planning Staff in June of 2015, and a Pre-Application Conference Memo summarizing the requirements necessary to amend the existing SUP is included as Attachment D. As summarized in the July, 09, 2015 memo from Glen Hartmann, Senior Planner and Tamra Allen, Planning Manager, the proposed amendment was reviewed by the Director of Community Development and the Planning Manager, in accordance with Section 4-106(C)(5). The proposal was determined to be a substantial modification to the SUP due to an interpretation that the intent of the applicant represented a “change” to the Permitted Use.

Section 4-106(B)(1)(b)(1) requires that the Director “shall determine the contents of the application submission requirements for a Substantial Modification request and provide the information in writing to the applicant”, which can be found in Section V of Attachment D.

3. SITE DESCRIPTION

The parcel is located on the South side County Road 113 (Cattle Creek Road), approximately .5 miles east of State Highway 82, between Carbondale and Glenwood Springs. The property is 2.988 acres in size. The site includes the following improvements:

1. A single-story office/warehouse structure fronting Country Road 113;2. A gravel parking lot adjacent to the building located at the northeast corner of the site;3. Remnants of an existing structure located at the west-central portion of the site;4. Additional gravel parking at the southern edge of the property; and5. A existing permitted well, two (2) dry wells and a propane tank.

A current Improvement Survey is included as Exhibit 3. A Photo Inventory, including an index map, is shown in Exhibit 4. The portion of the property currently disturbed is relatively flat, with the southern portion of the site gradually sloping towards Cattle Creek. There is no excessive


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113

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114CO

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Copyright:© 2013 National Geographic Society, i-cubed

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Subject Parcel

0 500 1,000 1,500 2,000250Feet

0 0.40.2Miles

Data Sources: USGS Cattle CreekQuadrangle, 2013. Garfield CountyGIS Data (parcels, annotation), 06/15.

¨ EXHIBIT 1REGIONAL CONTEXT MAP

SUBJECT PARCEL

1:10,000


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Subject Parcel

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¨ EXHIBIT 2VICINITY MAP

SUBJECT PARCEL

1:2000


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EXHIBIT 3 SITE PLAN & IMPROVEMENT SURVEY


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113

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Subject Parcel

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¨ EXHIBIT 4PHOTO INVENTORY

1:1,000

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34


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topography on the site, and the applicant does not intend on any disturbance which would alter the existing drainage patterns as a component of the project. The property is currently zoned “Rural”. Adjacent lands are zoned “Commercial/Limited” to the west, “Rural” to the South, and “Public Lands” to the northeast of the parcel, north of County Road 113. A Existing Zoning Map is included as Exhibit 5.

4. ENVIRONMENTAL CONSTRAINTS

The site has no significant topographic constraints, and the applicant is proposing no changes to the existing contours to the site. The site is located outside of “Important Agricultural Lands”. The property does include a portion of the 100-year floodplain, but the project is not proposing any construction or use of this portion of the property consistent with the Garfield County Floodplain Regulations. The relationship between the 100 Year Floodplain, digitized from the most recent FEMA panels, is shown on Exhibit 3 (Improvement Survey and Site Plan).

The property is included within the Visual Corridor mapping by Garfield County. The applicant is proposing no changes to the existing structure or parking locations currently on the site, and the proposed use is consistent with the previous conditions of approval of the prior SUP permit. In fact, the impacts associated with the requested use are significantly less than approved for the property in 2004.

5. DETAILED PROJECT DESCRIPTION

Woody Creek Distillers is a farm-to-bottle distillery based in the Roaring Fork Valley with a an 18,000 square foot production facility based in Basalt, Colorado. The current Basalt facility at 60 Sunset Drive is used for all distillation, production, and retail activities. This will continue unabated. We have no desire to utilize the Cattle Creek facility for any retail, wholesale, or distillation activities.

The operating model involves making Woody Creek Colorado 100% Potato Vodka annually from September through November using potatoes that are grown locally. When the annual vodka production is completed, the next nine months, December through August, the operation shifts to producing whiskey made from Colorado sourced grains. This whiskey must then age at least two years in 53 gallon American white oak barrels. These barrels are kept on racks and allowed to age in a climate controlled facility, untouched until we determine that the quality has reached a level where the product can be hand bottled and shipped to a distributor for resale. Currently, the aging cycle is projected to be at least five years for whiskey, the oldest of which was barreled three years ago.

Woody Creek Distillers are currently producing approximately 60 barrels a month and the storage space for these barrels at our current facility is nearing capacity. It is the applicant’s desire to utilize the Cattle Creek facility to store barrels as they age, with the new facility being specifically used for long-term aging of our whiskeys, some of which is intended to age for fifteen years or more. Once the barrels are fully aged, the whiskey is hand bottled, cased, and palletized for distribution. The bottling process is done manually by several staff members over the course of a day using a hand bottler. Hand bottling of whiskey occurs approximately once every thirty days and is completed during business hours. A brochure detailing the specific storage plan for the site is included as Attachment E.


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Rural

Commercial/Limited

Public Lands113

0 150 300 450 60075Feet

0 0.10.05Miles

1:3,000


¨EXHIBIT 5

EXISTING ZONING

Zoning

Public Lands

Commercial/Limited

Rural

Subject Parcel


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6. COMPLIANCE WITH CONDITIONS OF APPROVAL OF THE CURRENT SUP

For ease of evaluation of the proposed use of the facility under the conditions of the current Special Use Permit (Resolution 2004-60, included as Attachment B), the applicant has addressed each operational requirement of the permit specifically (Condition in BOLD, Compliance in ITALICS):

A. Normal Business hours of operation: 6:30 a.m. to 5:00 p.m., Monday thru Friday;

Woody Creek Distillers will fully comply with this requirement. Furthermore, the expected use is projected to be approximately once a week between the hours of 9:00 a.m. and 4:00 p.m. to facilitate storage activities. There may be several times a week that a staff member would stop by during business hours to check in on the aged product. This represents a significant reduction in hours operation and vehicle trips in and out of the facility compared to the currently permitted uses.

B. A maximum of 36 round trips (vehicle trips) per day shall be allowed which shall belimited to all delivery I employee/ work trucks to and from the site;

Woody Creek Distillers projects no more than six to eight vehicle trips on the monthly hand bottling day, with normal traffic being 1-2 vehicle round trips per day, Monday through Friday.

C. No semi truck deliveries to the property;

Woody Creek Distillers does not utilize semi trucks for our production and delivery/storage operations and does not intend to do so at the Cattle Creek property.

D. The exterior of the structure will consist of natural finishes, such as a rusty metal roof,rough sawn beams, split rail fence and neutral siding colors;

As shown on the Photo Index (Exhibit 4), the property is currently in compliance with this condition. No changes are planned or anticipated to the existing structure.

E. Company truck parking shall be located on the lower bench and adjacent to thestructure;

All parking shall comply with the requirement. The majority of parking will occur in the existing parking area located adjacent to the structure to the east of the existing structure. This area is currently screened by a 10 foot berm constructed in compliance with prior approvals.

F. No retail sales or wholesale traffic to site shall be permitted;

The current Basalt facility at 60 Sunset Drive is used for all distillation, production, and retail activities. This will continue unabated. The applicant has no current or anticipated desire to utilize the Cattle Creek facility for any retail, wholesale, or distillation activities.

G. The exterior color of the structure shall be tan to blend with the other structures;

As shown on the Photo Index (Exhibit 4), the property is currently in compliance with this condition. No changes are planned or anticipated to the existing structure.

H. 6-foot berm shall be installed along County Road 113, approximately 1O' back from CR113. Xeriscape will be utilized on the remainder of the property;


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The site is currently in compliance with this condition. No modification is proposed to the existing berm. All vegetation currently in the undisturbed portion of the site will be retained.

I. Only one light will be installed at the entrance of the structure for safety purposes. Thislight shall be directed downward and inward; and

The structure is fully compliant with this condition. No additional lighting is necessary for the proposed storage uses.

J. Only one 24" x 18” sign will be installed at the structure. There will be no signagealong CR 113.

The applicant agrees to this condition. No signage is propose along the County Road 113 frontage. Future signage, if necessary, will be placed on the surface of the existing structure, will comply with the Garfield County Sign Code, and will obtain all necessary permits.

7. SUBMITTAL REQUIREMENTS

This following is a preliminary listing based on the Pre-Application meeting and determination by the Director pursuant to Section 4-106(B)(1 )(b)(1).

A. General Application Materials including application forms, adjacent propertyowners and mineral right owners lists, agreement to pay form, authorizations torepresent, payment of application fees, copy of the pre-application meetingsummary;

The applicant has submitted the application form directly to the County with the payment of application fees, 3 bound copies of the application, and one digital version on a thumb drive. Exhibit 6 provides a graphic depiction of all property owners within 300 feet of the subject property, and a table summarizing these owners and addresses are included as Attachment F. A Letter of Authorization to allow Rock Creek Studio to represent the applicant is includedas Attachment G. The Deed for the property is included as Attachment H.

B. Detailed language for the proposed change to the permitted use;

The existing uses allowed under Resolution 2004-60 is as follows:

“Office, Plumbing, Material Storage and Warehouse, and Associated Vehicle Parking.”

To accurately reflect the precise use of the property, he applicant proposes that the plumbing

use be eliminated. The specific uses would read as follows:

“Office, Storage, Warehouse, and associated Vehicle Parking.”

C. Narrative description of the proposed use along with updated information onthe operation, number of employees on site, traffic generation potential, type ofvehicles serving the site and parked at the facility;

Please see narrative on Page 7 (DETAILED PROJECT DESCRIPTION and COMPLIANCE WITH CONDITIONS OF APPROVAL OF THE CURRENT SUP).


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WATSON, JAMES & DENISE

DAWSON, STEPHEN F & ZYETZ, CATHERINE A

3P PROPERTIES LLC

MARTIN MICHAEL LLC

J & S PROPERTIES LLCBUREAU OF LAND MANAGEMENT

GARFIELD COUNTY

SEUBERT, BRETT N

113

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Adjacent Parcels

Subject Parcel

300' Buffer From Project

0 150 300 450 60075Feet

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1:3,000


¨EXHIBIT 6

ADJACENT PROPERTY OWNERS


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D. Copies of the existing Resolutions Nos. 2004-60 and 2004-71 listing all thecurrent conditions of approval;

Copies of Resolution 2004-60 and 2004-71 are provided as Attachment B and Attachment C.

E. Explanation on how the proposed use would be consistent with a compliancewith the existing conditions;

Please see narrative on Page 7 (COMPLIANCE WITH CONDITIONS OF APPROVAL OF THE CURRENT SUP).

F. Updated Site Plan (including any changes to outside storage areas, access, andparking);

There are no changes proposed for the property. A Site Plan/Improvement Survey is provided on Exhibit 3, page 4.

G. Vicinity Map;

A Regional Context Map is provided on page 2 (Exhibit 1), and a Vicinity Map is provide on page 3 (Exhibit 2).

H. Any changes to the outside of the building including signage;

No signage is propose along the County Road 113 frontage. Future signage, if necessary, will be placed on the surface of the existing structure, will comply with the Garfield County Sign Code, and obtain necessary permits.

I. Any changes to fire protection or safety requirements based on the change in use;

Mark Kleckner, CFO/COO of Woody Creek Distillers contacted Bill Gavette, Deputy Chief and Fire Marshal for the Carbondale and Rural Fire Protection District. The ensuing discussion was used to inform the Fire Protection District of the plan of Woody Creek Distillers for utilization of the existing facility for storage of whiskey barrels. Mr. Kleckner explained the requirement of Garfield County to apply for modification of the existing SUP to clarify language in the SUP to more accurately reflect the planned use by Woody Creek Distillers.

Mr. Gavette explained he had knowledge of the facility and was aware that it had fire sprinklers, which should meet the requirements of the Fire Protection District as it relates to the described use. Of course, Mr. Gavette will provide an official assessment and any required input when provided the application by Garfield County.

J. Documentation and/or statements from qualified professionals that the currentwater and wastewater systems are adequate to serve the proposed changes in theuse;

The existing Well Permit (#258142, issued January 2004) is included as Attachment I. The permit is for commercial purposes. The existing septic system was inspected on June 18, 2015 by B & R


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Septic Service. The findings of the inspection (included as Attachment J) can be summarized as followings:

“The existing tank is a two (2 ) compartment, cement in construction, and shows no signs of deterioration. T's were on both the inlet & outlet lines properly. It has 4 ft. of risers on both the inlet and outlet sides and were in good condition. The leach field is approximately10 years old and appears to be functioning normally.”

K. In addition to the above the Applicant shall provide a general representationregarding compliance with Article 7 Standards and identify if any standards areaffected by the proposed change in use.

Division 1 - General Provisions

7.101 Compliance with Underlying Zoning - The proposed land use change complies with existing zoning for the “Rural” zone district, which allows for storage uses as a Special Use.

7-102 Consistency with Comprehensive Plan - The applicant has reviewed relevant sectionsof the Garfield County Comprehensive Plan. It is difficult at best, and somewhat inappropriateto attempt to review a project at the scale of the proposed SUP Amendment in the context of aCounty Wide Comprehensive Plan. With that said, the following snapshots illustrate therelationship between the project’s location and the Comprehensive Land Use Map adopted2013 and amended in 2015. The Cattle Creek Corridor is identified as a Rural EmploymentCenter representative of the land use patterns that have emerged tin he area of County Road113 and State Highway 82 since the 1980’s. The parcel is smaller than the 10+ acre lot sizeenvisioned in the plan, but the parcel is pre-existing, and the impacts associated with therequested amendment are in fact less (traffic, water consumption, new construction impacts,etc) than if the parcel transitioned into residential uses.


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7-103 Compatibility with Adjacent Land Uses - Adjacent land uses include light industrialand strorage uses, many of which occur outside of existing structures (see Exhibit 2). Theproposed uses associated with the SUP are consistent and compatible with these uses, and willoccur within the structure of the building and not visible from adjacent uses or the CR 113corridor.

7-104 Source of Water - The applicant has a commercial use well that has an existing permit(see Attachment I). Water uses for the project are isolated to waste disposal and fire protection.

7-105 - Wastewater System - The property currently utilizes a ISDS system that has beeninspected (see Attachment J), is fully functional and can easily handle the expected loadproduced by the propose use. The parcel is over three (3) acres in size, and current regulationsallow for the system on the site. Table 7-105 and the compliance of the project is shown below.

Source: Garfield County Land Use Development Code, 2013.

7-106 - Public Utilities - The property is currently served by electrical service which isadequate for the proposed use.

7-107 - Access and Roadways - The project will utilize an existing road cut onto County Road113 that has been in place for at least 10 years. Internal access will remain unchanged.

7-108 - Use of Land subject to Natural Hazards - A review if available mapping that the siteis not encumbered by Natural and Geologic Hazards. The presence of the 100 year floodplainis mitigated by the applicant’s intent to not utilize this portion of the property for any structuresnow or in the future.

7 - 109 - Fire Protection - Mark Kleckner, CFO/COO of Woody Creek Distillers contacted Bill Gavette, Deputy Chief and Fire Marshal for the Carbondale and Rural Fire Protection District. The ensuing discussion was used to inform the Fire Protection District of the plan of Woody Creek Distillers for utilization of the existing facility for storage of whiskey barrels. Mr. Kleckner explained the requirement of Garfield County to apply for modification of the existing SUP to clarify language in the SUP to more accurately reflect the planned use by Woody Creek


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Distillers. Mr. Gavette explained he had knowledge of the facility and was aware that it had fire sprinklers, which should meet the requirements of the Fire Protection District as it relates to the described use. Of course, Mr. Gavette will provide an official assessment and any required input when provided the application by Garfield County.

7 - 201 - Agricultural Lands - The property is not used for agricultural uses, and the adjacent properties are used for commercial/light industrial purposes. the project will have not adverse impacts on agriculture in the immediate area.

7 - 202 - Wildlife Habitat - The property is not located with important wildlife habitat. No changes are proposed for the property, and the applicant does not intend to construct any fencing that would disrupt the movement of wildlife using the Cattle Creek corridor.

7-203 - Protection of Waterbodies - The site currently is consistent with the 35 foot setback requirement. No hazardous materials will be stored within 100 feet of Typical and Ordinary High Water Mark (TOHWM).

7-204 - Drainage and Erosion - The applicant is proposing no modification to the current drainage on the site.

7 - 205 - Environmental Quality - The proposed use will not have any significant impact of air or water quality. The proposed use represents a reduction in allowed trips to the site when compared to the prior SUP approvals.

7 - 206 - Wildfire Hazards - The site does not include significant vegetation, and the area surrounding the existing structure is void of significant fire fuel sources.

7 - 207 - Natural and Geologic Hazards - The project is not located in an area with natural and/or geologic hazards. No physical modification of the site is proposed that would increase the risk associated with the hazards.

7- 301 Compatible Design - The existing building was constructed consistent with the prior SUP. No changes are proposed that would impact these conditions.

7-302 Off-Street Parking and Loading Standards - Due to the significant reduction of parking requirements associated with the prior use, available parking and loading areas far exceed the needs associated with the proposed use.

7 - 303 Landscaping Standards - No changes to the existing landscaping, which is consistent with the prior approval, is proposed.

7-304 Lighting Standards - The prior approval included the following condition: “Only one light will be installed at the entrance of the structure for safety purposes. This light shall be directed downward and inward.” The structure is fully compliant with this condition. No additional lighting is necessary for the proposed storage uses.

7-305 Snow Storage Standards - The existing parking areas on the site far exceed the requirements contained within the Code.

8. QUALIFICATIONS OF PREPARERS

This application was prepared by Dave Michaelson, AICP. Mr. Michaelson’s bio and resume is included within the Appendix as Attachment K.



LIST OF ATTACHMENTS

A. BUSINESS MODELB. RESOLUTION 2004-60C. RESOLUTION 2004-71D. PRE-APPLICATION MEMOE. STORAGE PLANF. ADJACENT PROPERTY OWNERSG. LETTER OF AUTHORIZATIONH. DEEDI. WELL PERMIT/TEST RESULTSJ. SEPTIC AND WELL INSPECTION REPORTK. RESUME OF PREPARER

ATTACHMENT A - BUSINESS MODEL AND CATTLE CREEK FACILITY

ATTACHMENT B - RESOLUTION 2004 - 60

application for a substantial amendment to a …

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