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Home My WebLink About1.0 ApplicationAPPLICATION FOR A SUBSTANTIAL AMENDMENT TO A SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO WOODY\WCHEEK • D 1 S T I L L E R S• SUBMITTED ON BEHALF OF: WOODY CREEK DISTILLERS, LLC Representative: Mark Kleckner 60 Sunset Drive Basalt, CO 81621 970.279.5110 www.woodycreekdistillers.com SUBMITTED BY: flROCK NCREEK flSTUPIO ROCK CREEK STUDIO Representative: Dave Michaelson 215 Jefferson Street, Suite 7 Fort Collins, CO 80524 970.215.0451 APPLICATION FOR A SUBSTANTIAL AMENDMENT TO A SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO WOODYCREEK • D I S T I L L E R S• TABLE OF CONTENTS 1. GENERAL DESCRIPTION 1 2. EXISTING SUP PERMIT 1 3. SITE DESCRIPTION 1 4. ENVIRONMENTAL CONSTRAINTS 6 5. DETAILED PROJECT DESCRIPTION 6 6. COMPLIANCE WITH PRIOR CONDITIONS OF APPROVAL 8 7. SUBMITTAL REQUIREMNTS 9 8. QUALIFICATION OF PREPARERS 14 LIST OF EXHIBITS 1. REGIONAL CONTEXT MAP 2 2. VICINITY MAP 3 3. SITE PLAN/IMPROVEMENT SURVEY 4 4. PHOTO INVENTORY 5 5. EXISTING ZONING 7 6. ADJACENT OWNERSHIP 10 LIST OF ATTACHMENTS A. BUSINESS MODEL B. RESOLUTION 2004-60 C. RESOLUTION 2004-71 D. PRE -APPLICATION MEMO E. STORAGE PLAN F. ADJACENT PROPERTY OWNERS G. LETTER OF AUTHORIZATION H. DEED I. WELL PERMIT J. SEPTIC AND WELL INSPECTION REPORT K. RESUME OF PREPARER flROCK N CREEK fl5TUD1O Garfield County SUP Amendment WOODY CREEK 1. GENERAL DESCRIPTION 1 of 14 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; and 5. 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 Garfield County SUP Amendment WOODY CREEK 2of14 0 250 500 1,000 1,500 2,000 0 0.2 Feet 0.4 1:10,000 Miles Data Sources: USGS Cattle Creek Quadrangle, 2013. Garfield County GIS Data (parcels, annotation), 06/15. WOODYCREEK LSTILLERB EXHIBIT 1 REGIONAL CONTEXT MAP Legend fiOCK MGREEK Subject Parcel f STU D I O Garfield County SUP Amendment WOODY%CREEK •❑ 1 S T I L L E R S• 3 of 14 SUBJECT PARCEL 0 50 100 200 300 0 0.05 400 Feet 0.1 1:2000 Data Sources: USGS Cattle Creek Quadrangle, 2013. Garfield County GIS Data (parcels, annotation), 06/15. Miles WOODY CREEK •❑ I S T I L L E R S• EXHIBIT 2 VICINITY MAP Legend Subject Parcel 1RoCK oiCIREEK nsTuDio VI m r z 90 0 m m z m cnX c= m -I -<w IMPROVEMENT SURVEY PLAT 566 County Road 113 Garfield County, Colorado Goma, STATE OF o;:ISTOF IN PLAT MOP PA AS RECEPTION NUMBER _ • i of / N 0 R T N 1" = 30 BASIS OF BEARING v A CALCULATED DENYING OF 1010•37•14•2 BETWIEN A FOUND RESAR AND RPC LSA ILLEDGIBLE AT THE S.W. PROPERTY OWNER LEGAL DESCRIPTION A TRACT OF IMO SITUATED IN LOT Of SECTION I, Towns., SOUTHERLY OF AND ADIALENT TO THE SOUTHERLY R -0-W LINE O P COUNTY RD Ill AS CONFIRMED AND IN MACE AND MING RD 113 WITH A MINCE AS CONS2RU.CTED AND IN IMC:WHINCE tIrcositifft7Tuf :ZAP= 17 =4-14B=""' FcIENZIBSI,C,E*1174•W 37.3.41 FEET; ALONG FENCE TO TH▪ E SOUTHERLY R -0-W LINE OP SAID COUNTY RS 11* THENCE MNZTHE SOUTIrLougsvOZNE OF SUD COUNTY RD 113 CN 1,12.0,1 Fa-IP/DX*0W PRO OF 2117X2FOOT'PADlitS CURVE TO THE RIGHT, THE CHORD OF WINOWEARS N66.70342•411,12.7 FEET TO THE IMINT OF BEGINNING. Legend DlloAsso GV G._ VALVE NVAL UNIT Notes FE INFORMATION FURNISHED BY COMMONWEALIN TITLE COMPANY OF GAMS. vt COUNTY, INC., FILE NO. 1S0300-1, DA1131 RINE 17, 201S WAS USED IN THE PREPARATION OF THIS SURVEY. UNLESS 071IERWISE SPNCIFIED, ALL UTILITY EASEMENTS, AS WELL AS AIL ° MOWS OF WAY ME DEDICATED TO THE ;EOCOMPANIES PURPOSE OF INSTALLING, ou REPLACING, o . 5AND uagmuaaW WRIER, ELECTRIC,w, ON 9arHiomHa INCLUDING a INGRESS MD o ENICA• THE GRANT HEREBY MADE. SURVEYORS CERTIFICATE .1, STEVEN A. WILTON, HERESY CERTIFY THAT I AM A PROPESSIOSAL LAND SURVEYOR LICENSED UNDER THE LOWS OF THE STATE OF CCAORADO; THAT THIS PIM IS MS ME OR UNDER MY DIRECT SUPERVISION ON MAY 6, 2003 AND NNE 22, 2010 THE WAY IN EVIDENCE OR KNOWN TO ME ANS ENCIOACHMENTS BY OR CN PROMO', ARE ACCURATELY SNOWN, AND THAT IIIIS PLAT MEETS RU OF ,w)NeeovsreNT suave' PLUM ser PPM IN CRS. 13& Vis).• STEVEN A. PISTON PL. • 336,43 DATE: 6 -7S -760S NOTICE: NomeNno to Colorrglgin,Lou mg= upon TAwn,g=trAMA *ma upon= aormrtg tun** commenced moreMan ton years rrom Me Nem or Ine mrtMmtion *awn Parson. HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 SATE SURVEYED: S -S2003, 6-22-2010 DATE DRAFTED: 7-10-20* 6-24-2016 DATA FILE NAME 0 7 DRAWN BY: TY/IR ;uewpueurddnS Aluno3 pleipeo 0 Garfield County SUP Amendment WOODYVY/CREEK LLERS• 5 of 14 25 50 0 100 150 200 Feet 0.025 1:1,000 Data Sources: USGS Cattle Creek Quadrangle, 2013. Garfield County GIS Data (parcels, annotation), 06/15. 0.05 Miles WOODYCREEK EXHIBIT 4 PHOTO INVENTORY Legend 1 ROCK Cl l s r I L <_ E Kt s• i.l.% P1C32EEK Subject Parcel nSTut3ia �1�1� Garfield County SUP Amendment WOODYI CREEK 6 of 14 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. Garfield County SUP Amendment WOODYCREEK • 0 1 S T L L E R S• 7 of 14 Commercial/Limited 0 75 150 300 450 600 Feet, 0.05 0.1 1:3,000 Miles Data Sources: USGS Cattle Creek Quadrangle, 2013. Garfield County GIS Data (parcels, annotation), 06/15. WOO❑Y /CREEK Subject Parcel EXHIBIT 5 EXISTING ZONING Zoning Commercial/Limited Public Lands Rural 1`1 DOCK iil Ci2EE K nsTuci0 Garfield County SUP Amendment WOODYVr/CREEK •❑ 1 S T I L L E R S• 6. COMPLIANCE WITH CONDITIONS OF APPROVAL OF THE CURRENT SUP 8 of 14 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. Amaximum of 36 round trips (vehicle trips) per day shall be allowed which shall be limited to all delivery /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 the structure; 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 10' back from CR 113. Xeriscape will be utilized on the remainder of the property; Garfield County SUP Amendment WOODYVr/CREEK •❑ 1 S T I L L E R S• 9 of 14 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 atthe entrance ofthestructureforsafety purposes. This light 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 signage along 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 bythe Director pursuanttoSection4-106(B)(1)(b)(1). A. General Application Materials including application forms, adjacent property owners and mineral right owners lists, agreement to pay form, authorizations to represent, payment of application fees, copy of the pre -application meeting summary; 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 included as 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 on the operation, number of employees on site, traffic generation potential, type of vehcles 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). Garfield County SUP Amendment WOODYCREEK • 0 1 S T L L 5 R 5• 10 of 14 0 75 150 0 300 450 600 Feet 0.05 0.1 1:3,000 Miles Data Sources: USGS Cattle Creek Quadrangle, 2013. Garfield County GIS Data (parcels, annotation), 06/15. EXHIBIT 6 ADJACENT PROPERTY OWNERS WOODY CREEK •❑} S T I L L E R S• Legend Lr:—. .' Adjacent Parcels Subject Parcel 300' Buffer From Project mDCK PICREEK 11STUDIO Garfield County SUP Amendment WOODY CREEK •o 1 s T I L L E R s• 11 of 14 D. Copies of the existing Resolutions Nos. 2004-60 and 2004-71 listing all the current condlions 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 acompliance with 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, and parking); 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. Any changes to fire protection or safety requ'rements 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 current water and wastewater systems are adequate to serve the proposed changes inthe use; The existing Well Permit (#258142, issued January 2004) is included as Attachment 1. The permit is for commercial purposes. The existing septic system was inspected on June 18, 2015 by B & R Garfield County SUP Amendment WOODYCREEK • IDI S T L L E R S• 12 of 14 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 representation regarding compliance with Article 7 Standards and identify if any standards are affected 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 sections of the Garfield County Comprehensive Plan. It is difficult at best, and somewhat inappropriate to attempt to review a project at the scale of the proposed SUP Amendment in the context of a County Wide Comprehensive Plan. With that said, the following snapshots illustrate the relationship between the project's location and the Comprehensive Land Use Map adopted 2013 and amended in 2015. The Cattle Creek Corridor is identified as a Rural Employment Center representative of the land use patterns that have emerged tin he area of County Road 113 and State Highway 82 since the 1980's. The parcel is smaller than the 10+ acre lot size envisioned in the plan, but the parcel is pre-existing, and the impacts associated with the requested amendment are in fact less (traffic, water consumption, new construction impacts, etc) than if the parcel transitioned into residential uses. -Cattle Creek Res L (10+ Ac/Du) Rural Employment Center Garfield County SUP Amendment WOODY CREEK 13 of 14 7-103 Compatibility with Adjacent Land Uses - Adjacent land uses include light industrial and strorage uses, many of which occur outside of existing structures (see Exhibit 2). The proposed uses associated with the SUP are consistent and compatible with these uses, and will occur within the structure of the building and not visible from adjacent uses or the CR 113 corridor. 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 been inspected (see Attachment J), is fully functional and can easily handle the expected load produced by the propose use. The parcel is over three (3) acres in size, and current regulations allow for the system on the site. Table 7-105 and the compliance of the project is shown below. TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS TYPE of aispvtaL On Lots off toe Method of laspom! Septic Tank (Subsurface) tir dispersal Method Florldischargirg: Subsmface Disposal Distharging: Ground Surface or Waters of the State Let Area ..r 0111114a' ;_ 2 Prohibited'" Allowed Allowed AI?owed� Allowed Allowed Allowed Allowed Allowed Notes: 1. Shall comply with County OWES regulations and applimble State requirements_ 2. Prollibrted for new development; may be considered for €egal ly pre-existing single lot 3. Donwcticwater shall be supplied from an approved source. 4. Shall be approved by the Sista_ Source: Garfield County Land Use Development Code, 2013. 7-106 - Public Utilities - The property is currently served by electrical service which is adequate for the proposed use. 7-107 - Access and Roadways - The project will utilize an existing road cut onto County Road 113 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 site is not encumbered by Natural and Geologic Hazards. The presence of the 100 year floodplain is mitigated by the applicant's intent to not utilize this portion of the property for any structures now 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 Garfield County SUP Amendment WOODY CREEK 14 of 14 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 willbeinstalled at the entranceofthestructureforsafetypurposes. 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. APPLICATION FOR A SUBSTANTIAL AMENDMENT TO A SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO WOODYCREEK • D I S T I L L E R S• LIST OF ATTACHMENTS A. BUSINESS MODEL B. RESOLUTION 2004-60 C. RESOLUTION 2004-71 D. PRE -APPLICATION MEMO E. STORAGE PLAN F. ADJACENT PROPERTY OWNERS G. LETTER OF AUTHORIZATION H. DEED I. WELL PERMIT/TEST RESULTS J. SEPTIC AND WELL INSPECTION REPORT K. RESUME OF PREPARER 1'1ROCK N CREEK (STUDIO __ WDDDY'CREEK • D I S T I L L E R S• MAY 2015 GLENWOOD PROPERTY ACQUISITION Al1113V3 )I33210 3111Va aNv 13aoIN SS3NISf18 - V 1N3WH3V1.UV WOODY CREEK DISTILLERS (WCD) WCD is a world-class producer of Whiskey and Vodka that has grown over 250% in the last two years. TgMy [Etta ]lirLilea. w', IwL Jeral .a •..IG. a.m, nd L.er V�� •6 ^ ^wW rw.. re rna Vena mWwe•• wk. OMAN,2tvtDiAma Hol n,aa dkwlw. tae. dle. p• n. i�n.�. acral WOODY 'CREEK WOODY CREEK COLORADO RESERVE VODKA (DISTILLED FROM 1O0k ST ORAWA POTATOES) ' WOODY • 100% Stphrawe Potato Vodka. • GLIM!, Free. • Sevt)rawe 6vre0.e. are proem me l rem.41d wi the Scanlan rarely Farm In Woody Creek CO.. tees[ bcm IM dntYlery. - The stotxewe was the wlglnel petate used by Chepir, brie lhar ern vnedle .n use she StObrawe how he they se ueablcep seaeeatoreefent supply . Tyre St abs w. Le rppprpd ter ea. kMgh .marl =UMW veld twat.t0h,p ardty: both key rot the produc tion of wdke. - WCO wooed'nth ull wr14 of W6thr0h 010 Calms.. State goensin en gown USDA St aamaLn+al r'import erdm 0w the reap Aden Sidnewe Pad., W rfl is the enly CREEK sg,wr ott wSwWawopgl9g. the Amenaa • More aggressive held d id IDA [UM ere made t0 maerm0e money. • For chi. fine w e hmeappraanetety. a0p0 W15laa or t Ilan rare Spirt elusive pvrdg erw packag.g. • Decant InternathnS SoIriB LUmpditbn Gold *Seder welsher. COLORADO Inrce PY[ vn O, *IOYILLL* Peale lama aiaerll0A ORIFIN PO Na3a LY • a0 EOH.RT O ALY, COLORATIO w00 GYL e e [e a r{Yl L L [Ra. C6X - ! wCCROe R.COMIw000YCLMELLO. a riLL[er wC o llyg;tEk CILDAADB STRIIBNT WEISi[E? WE DON'T OLENO WITH SOMEONE ELSE'S WHISKEY. WE DON'T USE SOMEONE ELSE'S STILLS. WE ONLY USE THE FINEST, LOCALLY GROWN RYE, PURE COLORADO SPRING WATER, ANO A LOT OF PATIENCE. cd.LanDLn [...also, ow cral pee IOG%r 0..40, vet.. Woody trek O,nidyns o•oad to w ry.eape or cur [Vora00 5Raoote AH'a'n,skax 01601e from MIL Co.oredene. ma 90 proof. eke porn xnliaay n 100! 10*0.e envegap.1 I.10 e0e y.ers Ln new Amnlmn WW1 pea barrel., our Colorew 1011. 1 ayr ewtxeer +flax L.pnaiIso!9 mrpud,o.t Oc pe,alw motes.. ce•us pe.l on rhe wpkf. lee Oe ky weII LaAa-paleta k.N1d. �etlll.p, epey 0119 alrld.d W Waal. tr.. 00 111*. In aefell, C.braO.. Imp, Of YI:II 4RIRI[ PES.F+OHSIBLY 160 SIIxSET 0Rruf i 6ASAL1. WLOPAO0 2015 ADDITIONAL STORAGE REQUIREMENTS As WCD s whiskey production capacity has doubled, we have run out of climate controlled barrel storage. Logistically, it makes sense to acquire a storage facility in the Valley to meet increased requirements. ATTACHMENT B - RESOLUTION 2004 - 60 1111111111111111111111111111111!11111111111111111111111 637204 08/84/2804 11:57A 83610 P629 11 1 of 5 R 0.00 t? 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza, in Glenwood Springs on, Monday, the 19" day of July A.D. 2004, there were present: John Martin Larry McCown Tresi i3out?t Don DcFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-60 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR AN OFFICE, PLUMBING MATERIAL STORAGE AND WAREHOUSE, AND ASSOCIATED VEHICLE PARKING FOR CAPITAL CONSTRUCTION, LLC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), received an application from Capital Construction, LLC for an office, plumbing material storage and warehouse, and associated vehicle parking within the A/R/RD (Agricultural / Residential / Rural Density) zone district; and WHEREAS, the Board granted approval for the same request on July 7th, 2003 which is memorialized in Resolution 2003-54 except the present request is the result of a change in the footprint of the main warehouse structure on the property to a new location; and WHEREAS, this resolution shall replace in full and thereby render the terms and conditions of Resolution 2004-54 null and void; and WHEREAS, the Board held a public hearing on the 19' day ofiuly, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 1 11I01 111111111111111111111111111 111111111111111111111 657284 08/04/2004 11:578 81610 P630 1 ALSDORF 2 of 5 R 0.08 D 0.00 MELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, including but not limited to: A. Normal business hours of operation: 6:30 am. to 5:00 p.m., Monday thru Friday; B. A maximum of 36 round trips (vehicle trips) per day shall be allowed which shall be limited to all delivery / employee/ work trucks to and from the site; C. No semi truck deliveries to the 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; E. Company truck parking shall be located on the lower bench and adjacent to the structure; F. No retail sales or wholesale traffic to site shall be permitted; G. The exterior color of the structure shall be tan to blend with the other structures; H. A 6 -foot berm shall be installed along County Road 113, approximately 10' back from CR 113. Xeriscape will be utilized on the remainder of the property; 1. Only one light will be installed at the entrance of the structure for safety purposes. This light shall be directed downward and inward; J. Only one 24" x 18" sign will be installed at the structure. There will be no signage along CR 113. 2. Any changes to the conditions of approval must be specifically altered by the Board of County Commissioners through the appropriate land use and public hearing process. 2 1111111111111111111111011111111111111111111111111111111 657209 08/04/2004 11:57A B1610 P631 h RiSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 4. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 5. The Applicant shall comply with the recommendations outlined in the letter from the Garfield County Road and Bridge Department dated June 24, 2003. All improvements shall be inspected and approved by the Road and Bridge Department, and written confirmation shall be provided to the Planning Department prior to the actual issuance of the Special Use Permit. 6. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the operation of this type of facility. 7. Prior to the issuance of the actual Special Use Permit, the Applicant shall determine if the existing septic system is capable and sized accordingly for the proposed new structure and existing uses. A new Garfield County individual Sewage Disposal Permit shall be obtained prior to the issuance of the actual Special Use Permit. 8. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a pump test to determine the physical water supply and the water quality. The well shall be tested for 4 hours and shall pump no less than 350 gallons of water per person, per day (3.5 people per dwelling unit, using 100 gallons of water per person, per day). 9. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State and County laws, regulations and standards. 10. All residential units shall be removed from the property. 11. Waste created by the use shall be stored in wildlife -proof garbage receptacles and disposed of regularly. 12. The Applicant shall comply with the following vegetation management: a. The Applicant shall manage any Garfield County listed noxious weeds that may occur after the construction of the been. On-going weed management of the property shall occur. b. Prior to the actual issuance of a Special Use Permit, the Applicant shall provide a plant material list of all species that will be used in the xeriscape mix. This material list shall be approved by the Garfield County Vegetation Manager. 3 11111111111111111111111111111111111111111111111111111 13. Prior to the issuance of the actual Special Use Permit, the Applicant shall comply with the following recommendations of the Carbondale and Rural Fire Protection District (letter dated June 27, 2003): A. A fire apparatus road shall be provided within the 150 feet of the exterior walls of the first floor of the structure. i. The apparatus road shall have a minimum unobstructed width of 20 feet. ii. A minimum vertical clearance of 13' 6" shall be provided for the apparatus access road. B. The fire apparatus access road shall be capable of supporting the imposed load of the apparatus and shall be of an all-weather design. C. A dead-end fire apparatus access road in excess of 150 feet in length shall be provided with an approved means for turning the apparatus around. D. An approved key box "Knox Box" shall be provided at the main entrance to the building. E. Since there is no water supply for fire protection and there are no fire hydrants available to serve the property and provide adequate fire flows, an automatic fire sprinkler system shall be installed within the structure meeting the requirements ofNFPA-13, Standard for the Installation of Sprinkler Systems, 2002 edition. 14. No noise shall be created by work production other than that5 noise generated from traffic to and from the property. ,oliamouu,, Sated this 2nd day of August _, A.D. 20 04 . `i ' 'I-. se GARFIELD COUNTY BOARD OF „ = • _+ . s. COMMlSSIO ERS, GARFIELD • 1r • r COUNY, Co> RADO � : J J ..rE•. " 7 f dI •j C erk of the Board Upon motion duly made and seconded the forego i _ Re oluon as adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Nay , Aye , Aye 4 STATE OF COLORADO )ss County of Garfield 1 11110 11111 1111111 111 1111111 11111 11111 111 1111 101 1111 657264 08/04/2904 11:570 61610 P633 h ALSDORF , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 ATTACHMENT C - RESOLUTION 2004 - 71 11111 11111 IIIIMII 111 1111111 111 11111 IIl 1111 1111 1111 658364 015/20/2004 11:438 B1615 P544 11 ALSOORF 1 of 2 R 0.0$ D 0.00 6PRFIELD COUNTY CO STATE OF COLORADO ) j s County of Gar -fie -id ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Ccmmission.ers' Meeting Roam/, Garfield County Plaza, in Glenwood Springs on, Monday, the 7'" day of S pterrfber A.D. 2004, there were present: John Martin _ , Commissioner_ Chairman Larne M6Ccwn , Co iriniissi'vr:ei �resi H.vs:oi , Commissioner Don DeFord County Attorney Mildred Alsdorf _� _._ _ , Clerk of fhe Board Ed Orccn , Count}% Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.2004-71 A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 2004 - 60 (CAPITOL CONSTRUCTION, LLC) REGARDING A SCRI'VENER'S ERROR WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), received an application from Capital Construction, LLC for an office, plumbing material storage and warehouse, and associated vehicle parking within the AlR/RD (Agricultural / Resi'dentia! / Rural Density) zone district; an.d WHEREAS, the Board granted approval for the same request on July 7'1', 2003 which is memorialized in Resolution 2003-54 except the present request is the result of a change in the footprint of the main warehouse structure on the property to a new location; and WHEREAS, resolution 2004- 60 shall replace in full and thereby render the terms and conditions of Resolution 2094-54 null and void; and WHEREAS, the Board held a public hearing on the 19i1' day ofJuly, 2004, upon the question of whether the above described SUP should be granted or den ed, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board of County Commissioners did approve the proposed Special Use Permit by Resolution 2009 - 60, but saki resolution identified an earlier resolution of approval for Capitol Construction, LLC as Resolution 2004 - 54 which should have been 2003 - 54 due to a 1 scrivener's error. I 111111 Ilial 1111111 11 1111111 1111 11111 III 11111111I11E 658364 08/20/2004 11143A B1615 P545 M PLSDORF 2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved and that the second Iine in the third WHEREAS of Resolution 2004 — 60 shall read... "of Resolution 2003 — 54 null and void" and that all conditions listed in Resolution 2004 — 60 shall remain in full force and effect. Dated this 17th day of August ATTEST: {`'. II'? , A.D. 20 041 . GARFIELD COUNTY BOARD OF COMMIS • ERS, GARFIELD CO L TT , CO k • RAD Clerk t the.Board Upon moti€xi'tiuly made and seconded the fore following vote: Cha COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TR)SI HOUPT STATE OF COLORADO )ss County of Garfield Aye , Aye , Aye the I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 2 ATTACHMENT D - PRE -APPLICATION CONFERENCE MEMO Garfield County Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga r€ field -count v. corn PRE -APPLICATION CONFERENCE SUMMARY MEW TAX PARCEL NUMBER: 2393-172-00-221 PROJECT: Woody Creek Distillers Storage OWNER: Woody Creek Distillers REPRESENTATIVE: Mark Kleckner, Woody Creek Distillers PRACTICAL LOCATION: 0566 County Road 113, Carbondale, CO 81623 TYPE OF APPLICATION: Amendment to a Special Use Permit DATE: 7/9/15 I. GENERAL PROJECT DESCRIPTION Applicant is requesting to modify the use permitted by the existing Special Use Permit on the site to allow storage of whiskey barrels for aging. The proposed Cattle Creek facility would only be utilized for storage and aging with no retail, wholesale, or distillation activities. The current Special Use Permit approved by Resolution No. 2004-60 was very specific in its permitted use of "Office, Plumbing Material Storage and Warehouse, and Associated Vehicle Parking". The resolution was subsequently amended by Resolution No. 2004-71 to correct a Scribner's error, however, the conditions of approval still in effect for the Special Use Permit are those outlined in Resolution No. 2004-60. The exact language for the proposed change to the permitted use is stili being considered by the Applicant. Options for broader "Storage Uses" may raise additional questions including traffic impacts. Staff anticipates that a limited scope for the use consistent with the original Special Use Permit may be appropriate for the site. No other changes to the existing conditions of approval for the Special Use Permit are needed or anticipated to be requested by the Applicant. As proposed the use will have minimal traffic generation and only occasional staffing at the site. A narrative description of the use will be appropriate as part of the submittal to document operational issues including hours of operation, traffic generation, type of truck access/deliveries, prohibition on retail sales, and similar topics. Documentation that infrastructure including water, sanitation and fire protection are adequate should also be provided. No significant changes to the facility including the structure and site plan have been identified at this time. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The Applicant shall be required to address applicable provisions of the Garfield County Land Use and Development Code, as amended (LUDC) outlined as below: • Section 4-106: Amendments to an Approved Land Use Change Permit • Table 4-102: Common Review Procedures and Required Notice • Section 4-101: Common Review Procedures (noticing information) • Table 4-203 and Section 4-203: Application Submittal Requirements • Applicable Section of Article 7, Standards. The Applicant's proposal has been reviewed with the Director of the Community Development Department and the Planning Manager. In accordance with Section 4- 106(C)(5) the Applicant's proposal has been determined to be a substantial modification to the Special Use Permit as it proposes to change the Permitted Use. Section 4-106(B)(1)(b)(1) further indicates that the Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. The submittal requirements are detailed in this pre -application summary under Section V. III. REVIEW PROCESS A. Pre -application Conference (complete). B. Application Submittal to include three hardcopies and one electronic copy. The electronic copy needs to be in a pdf. format only and organized consistent with the hard copy documents. The electronic copy can be provided on a CD, memory card or similar removable storage device. C. Determination of Completeness. D. Schedule Public Hearing before the Board of County Commissioners (BOCC) E. Completion of required public notice (mailing, publication, posting) a minimum of 30 days prior to the public hearing. F. Additional Copies of application provided and referrals sent out to reviewing agencies. G. Evaluation by Director/Staff including preparation of a Staff Report. H. Public Hearing before the BOCC resulting in approval, approval with conditions or denial. I. Preparation and execution of a Resolution by the BOCC J. Issuance of the Land Use Change Permit once all conditions have been met. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None Planning Commission X Board of County Commissioners Board of Adjustment Referrals may include but are not limited to the following agencies: County Consulting Engineer, County Road and Bridge Department, County Attorney's Office, County Environmental Health Manager, County Vegetation Manager, Division of Water Resources, and Fire Protection District. V. 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 property owners and mineral right owners lists, agreement to pay form, authorizations to represent, payment of application fees, copy of the pre -application meeting summary; B. Detailed language for the proposed change to the permitted use; C. Narrative description of the proposed use along with updated information on the operation, number of employees on site, traffic generation potential, type of vehicles serving the site and parked at the facility; D. Copies of the existing Resolutions Nos. 2004-60 and 2004-71 listing all the current conditions of approval; E. Explanation on how the proposed use would be consistent with and in compliance with the existing conditions; F. Updated Site Plan (including any changes to outside storage areas, access, and parking); G. Vicinity Map; H. Any changes to the outside of the building including signage; I. Any changes to fire protection or safety requirements based on the change in use; J. Documentation and/or statements from qualified professionals that the current water and wastewater systems are adequate to serve the proposed changes in the use; K. In addition to the above the Applicant shall provide a general representation regarding compliance with Article 7 Standards and identify if any standards are affected by the proposed change in use. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (Amendment Request) $ tbd (Additional Staff time charged at hourly rate of $40.50) Referral Agency Fees: $ (N/A) Total Deposit: $ 300 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. This Pre -Application summary shall be valid for a period of 6 months. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: /7/e---• Glenn Hartmann, Senior Planner Reviewed and Approved l 7 12-21i Date z. z 7G /5 Tamra Al en AICP, Planning Manager Dat Approximately 1 month if submittal is complete Ala. Garfield County Amend an Approved Land Use Change Permit (Section 4-106) Step 1: Pre -application Conference •Submission of information pertaining to the requested amendment *Applicant has 6 months to submit application Step 2: Director's Determination *Within 10 days the Director will make one of the following determinations: Minor Modification BOCC Determination Substantial Modification Step 3: Application Submittal Step 4: Completeness Review •10 business days to review Of incomplete, 60 days to remedy deficiencies Step 5: Evaluation by Director Step 6: Director's Decision •Call-up Period - within 10 days of Directors Decision +Applicant has 1 year to meet any conditions of approval If needed to determine substantial or minor modification Step 3: BOCC Derision •ata public meeting • If BOCC determines it to 4Jbe a minor modification - proceed with Administrative Review for Minor modifications • If BOCC determines it to be a Substantial Modification, proceed with new application Step 3: New Land Use Change Application 'see process for Land Use Change Permit 2015 ADDITIONAL STORAGE REQUIREMENTS As WCD s whiskey production capacity has doubled, we have run out of climate controlled barrel storage. Logistically, it makes sense to acquire a storage facility in the Valley to meet increased requirements. ATTACHMENT F ADJACENT PROPERTY OWNERS Parcel # 2393 1720 0310 3P Properties, LLC 38 South Oak Way Glenwood Springs, CO 81601 Parcel # 2393 1720 0311 Stephen Dawson and Catherine Zyetz 3321 Deluna Drive Rancho Palos Verdes, CA 90275-6216 Parcel # 2393 1720 0225 Brett N. Suebert 617 County Road 113 Carbondale, CO 81623 Parcel # 2393 1720 0221 Capital Construction, LLC 0566 County Road 113 Carbondale, CO 81623 Parcel # 2393 1720 0222 James and Denise Watson 0100 Arapahoe Lane Carbondale, CO 81623 Parcel # 2393 1720 0227 J & S Properties, LLC PO Box 1323 Carbondale, CO 81623 Parcel # 2393 1720 0953 Bureau of Land Management 2300 River Frontage Road Silt, CO 81653 Parcel # 2393 0740 0013 Garfield County 108 8th Street Glenwood Springs, CO 81601 - 3363 ATTACHMENT G - LETTER OF AUTHORIZATION WOODYCREEK • C1 I S T I L L E R S• Garfield County Community Development Glenn Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 61601 July 29, 2015 Dear Mr. Hartmann; Woody Creek Distillers LLC (WCD LLC) authorizes Rock Creek Studios, 215 Jefferson Street, Suite 7, Fort Collins, CO 80524, to represent and support WCD LLC and Martin Michael LLC, the owner of record of 566 Cattle Creek Road, Carbondale, CO 81623, for the Amendment to the Special Use Permit for the aforementioned property. Regards, Mark Kleckner CFO/C00 CC: David Michaelson, Rock Creek Studio 60 SUNSET DRIVE - BASALT, COLORADO 81621 PHONE: (970) 279-5110 - FAX: (970) 279.5043 WWW.WOODYCREEKOISTILLERS.COM ATTACHMENT H - DEED �f1 l�fra<it�� lel hfh�l�t�Y �r hht�{�t4 L'� f�sf�Yt 11T1 ReceptionIt 8E5223 DI of942Re. Fsa:$260Qryi)onYFegp210rp0yGARFIELD COUNTY CQ Wltett recorded return to: Holland & Hart LLP 1800 Broadway, Suite 300 Boulder, CO 80302 Attn: J. Marcus Painter, Esq. GENERAL WARRANTY DEED [Statutory Form- C.R.S_ § 38-30-113] Capital Constmction LLC, a Colorado limited liability company ("Grantor"), whose street address is 0241 County Road 167, Glenwood Springs, CO 81601 for Ton and 4:101100 Dollars (S10.00) and other gond arid valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, hereby sells and conveys to MartinMichael LLC, a Colorado limited liabi Illy company ("Grantee'), whose street address is 796 Little Woody Creek Road, Woody Creek, CO 81656, the real property in the County ofGarfield and State of Colorado described in Er2abiLA attached hereto and made a part hcrcol; with all its appurtenances, and warrants the title to the same, subject to the matters set forth on Exhibit $ attached hereto and made a part hereof. The street address for the foregoing property is: 566 County Road 113, Carbondale, CO 81623. 1✓ Signed as of this 1t7Iday of u 2615, Signatures on following pages VI 19r rl' idiIAkW kilng klAir 1111 Recept:[onti: $55223 07110/2015 08x25,02 PM Jean Alborlcv 2 6r 4 Reg Fee,S26.00 0x Fe0:210.U0 coRFIELO COUNTY CD Capital Construction LIC, a Colorado limited liability company ByI Name: Title: W7G-ro. STATE OF Cot.1) fc_d.c ) COUNTY [3): C.,44- ) ss. The foregoing instrument was acknowledged before me this CO day of ---\"3-1t2015 by -DOtf }ti ma l� , as fr-L/14-16�M"' of Capital Construction LLC, a Colorado limited 3ability company, Witness my hand and official seal. My commission expires: LINDA GF:GOSui NOTARY rrti0t.uC STATE tit= GOL U+hADO NOTARY IU r198S40131523 PALComm,ssion ExpR O5 I2.y 21: 22017 Notary Public 2 VIII KAMA ?WNW, 11IF Receptian#: 865223 07/10/2015 03:25:02 PP lean Alberloo 3 of a Rec Fee:$26.00 Doc Fee.210.00 GARFIELD COUNTY CO EXHIBIT A TO GENERAL WARRANTY DEED LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOT 5 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 113 AS CONSTRUCTED AND IN PLACE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 WITH A FENCE AS CONSTRUCTED AND IN PLACE WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 17 BEARS NORTH 38°15'56' WEST 602.58 FEET; THENCE SOUTH 41°17'26" WEST 325.41 FEET ALONG SAID FENCE TO A FENCE CORNER; THENCE SOUTH 52°28'39" EAST 366.41 FEET ALONG A FENCE TO A FENCE CORNER, THENCE NORTH 34°25'39" EAST 414.18 FEET ALONG A FENCE TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 ON THE FOLLOWING COURSES: NORTH G9°12'37" WEST 192.83 FEET; THENCE 142.04 FEET ALONG THE ARC OF A 1293.49 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS NORTH 66°03'52" WEST 141.97 FEET TO THE POINT OF BEGINNING. A-1 1111 FanW 11111 Receptionu: 865223 07/10/2015 03:25:02 PM .lean Alberich 4 of 4 Roc Fee:$26.00 Doc Fee:210.00 GRRFIELD COUNTY CO EXHIBIT B TO GENERAL WARRANTY DEED TITLE EXCEPTIONS I. Taxes for the year 2015, a lien not yet due and payable. 2. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United Slates, as reserved in United States Patent recorded December 4, 1894 in Book 12 at Page 339. 4. Right of way for ditches and canals in place and in use. 5. Garfield County Resolution No. 2003-54 recorded July 22, 2003 in Book 1495 at Page 416. 6. Garfield County Resolution No. 2004-60 recorded August 4, 2004 in Book 1610 at Page 629. 7. Garfield County Resolution No. 2004-71 recorded August 20, 2004 in Book 1615 at Page 544. 8. Special Use Permit recorded August 5, 2009 as Reception No. 772902. 9. Right of way easement granted to Holy Cross Energy in instrument recorded February 4, 2005 in Book 1660 at Page 478. 10. Right of way easement granted to Holy Cross Energy in instrument recorded February 4, 2005 in Book 1660 at Page 480. 11. Possessory rights outside of wood fence and wire fence and all matters shown on Improvement Survey Plat prepared by Hired Gun Surveying Ltd. dated June 25, 2015. 7883106_2 B-1 When recorded return to: Holland & 1-lan LLP 1800 Broadway, Suite 300 Boulder, CO 80302 Attn: J. Marcus Painter, Esq. VIII11,1141;111,AI ,),flit 1I:+1541iFfilifk i0Viii+kivi, 11111 Recepfiontt: 865224 07/10/2015 03:25:02 PM Joan Rlberico 1 of 3 Reo Fee:S21.00 Doc Fee:0.00 GRRFI@LD COUNTY CO QUITCLAIM DEED (WATER RIGHTS) j THIS QUITCLAIM DEED is dated as of the to day of U U. 2015, by Capital Construction LLC, a Colorado limited liability company, whose street ad ress is 024I County Road 167, GIenwood Springs, CO 81603 (the "Grantor"), in favor of MartinMichael LLC, a Colorado limited liability company, whose street address is 796 Little Woody Creek Road, Woody Creek, CO 81656 ("Grantee"). WITNESSETH, that Grantor, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby sells and conveys .to Grantee, all of Grantor's right, title and interest in and to all water and water rights, whether tributary, nontributary, or not nontributary, whether adjudicated or unadjudicated, absolute or conditional, and all ditches and ditch rights, water wells and well rights, State Engineer filings, well registration statements and well permits, water taps, reservoirs and reservoir rights, all water company and mutual ditch or reservoir company stock, which are, have been, or may be used on or in connection with, or are appurtenant to, or located on or underlying, or in any way associated with, the real property described in Exhibit A attached hereto and incorporated herein by this reference, with all related equipment and fixtures, and such easements, rights-of-way, kb water diversion, carriage, storage, and transmission facilities, and all other improvements or appurtenances owned by Grantor, if any, and related to, associated with, or historically used on or in connection with such rights, or which may be necessary for the development, operation, or maintenance of such rights. Signatures on following pages 3 Mill i,11117 Ni 11111 Reception#: 865224 07110!2015 03:25:02 PM Jean Rtberlca 2 of 3 Rec Fee:$21,00 Doc Fee:0.03 UARFIgLO COU!LTY CO EXHIBIT A TO QUITCLAIM DEED (WATER RIGHTS) LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOT 5 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 113 AS CONSTRUCTED AND IN PLACE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 WITH A FENCE AS CONSTRUCTED AND IN PLACE WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 17 BEARS NORTH 38°15'56' WEST 602.58 FEET; THENCE SOUTH 41°17'26" WEST 325.41 FEET ALONG SAID FENCE TO A FENCE CORNER; THENCE SOUTH 52°28'39" EAST 366.41 FEET ALONG A FENCE TO A FENCE CORNER, THENCE NORTH 34°25'39" EAST 414.18 FEET ALONG A FENCE TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 ON THE FOLLOWING COURSES: NORTH 69°12'37" WEST 192.83 FEET; THENCE 142.04 FEET ALONG THE ARC OF A 1293.49 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS NORTH 66°03'52" WEST 141.97 FEET TO THE POINT OF BEGINNING. 7896072_2 A-1 ■I11 F.1121011 9;1e1,54J Receptian#: 665224 07/10/2015 03:25:02 RM Jean Rlberico 3 of 3 Rec Fee:521.00 Doo Fee 0.00 GRRFIELD COUNTY CO Capital Construction LLC, a Colorado limited liability company By:L�tr A /44,./-,_0 NabrSe: Title_ ret edoet et. Fife? STATE OF C..0k6 c o ) Caa(�i e ) ss. COUNTY o>~ � The forePoing instrument was acimowled ed before me this 10 .ay of � 2015 by T VELS g. Yija i� a e- of Capital Construction LLC, a Co rado limited liabil'ty company. Witness my hand and official seal. My commission expires: LINDA GABOSSI NOTARY PUBLIC STATE OF COLORADO NOTARY 10 tt19804007523 My Conittl55o; n tIvit'es May 23, 2017 Notary Public 2 ATTACHMENT I - WELL PERMIT AND TEST RESULTS Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman 51, Denver. Colorado 80203 (303) f66-3581 LIC WELL PERMIT NUMBER 258142 DIV. 5 WD38 DES. BASIN MD DOUGLAS MOCHRIE PO BOX 2237 GLENWOOD SPRINGS, CO 81601- (970) 945-1441 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 17 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 4560 Ft. from South Section Line 4680 Ft, from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be In compliance with the Water Weil Construction Rules 2 CCR 402-2. unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I). for a change of use on the well constructed under permit no. 19748, and the policy of the State Engineer for appropriation of ground water tributary to Colorado River system. 4) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business. Water from this well shall not be used For fawn or landscape irrigation or for any other purpose outside the business building structure. 5) The issuance of this permit hereby camels permit no. 19748. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The annual amount of ground water to be diverted by this well shall not exceed 1/3 acre -font (108,600 gallons). 8) Approved as the only well an a tract of land of 2.92 acre(s) described as a portion of the NW 1/4 of the NW 1/4 of Sec_ 17, Twp. 7 South, Rng. 88 West, 6th p.m., Garfield County, reference attached exhibit "A". 9) The retum flow from the use of this well must be through an individual waste water disposat system of the non -evaporative type where the water is returned to the same stream system in which the well Is located. 10) A totalizing flow meter must be installed on this welt and maintained in good working order. Permanent records of alt diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This welt must be located not more than 200 feet from the location specified on this permit r- - /oy y APPROVED 3SG ,Receipt No. 0523263 Stale Engirieer By EXPIRATION DATE DATE ISSUED 07-12-2004 07-12-2006 , & ,N :Purn p At: 8611 County. glad 117 (Pawed Springs ee 81601 �Yecppe: 97C -9(P; -615997C-945-6159 ed: .tet«: 97C-945-6959 Well Test DATE: March 23, 2004 TO: Precision Mechanical 0241 Co Rd 167 Glenwood Springs, Co_ 81601 RE: Cattle Creek Property Well Test Attn: Doug, J & M Pump Inc_ performed a four hour well test on the property located at Cattle Creek. The following results were obtained: Well Depth: @ 37' Water Level: 3'8" measured from top of casing Drawdown: 0" Sustained Yield: 15 GPM Clarity: Clear Sarnples: State Standards Test Comments: This well is adequate for three dwellings with a usage of 350 gallons per day per dwelling. If you have any questions, please call Rick at 945-6159_ J & Pump Inc Richard A. Holub Lic. No 1196 Thank You! ATTACHMENT J - SEPTIC INSPECTION fliaS & R Septic Service, Inc. Rooter & Jetting Service Video Inspection Scivicc 0603 Handy Drive Carbondale, CO 81623 Bill To. Caldera Construction Inc 29 Plum Basalt. CO 81621 Invoice Date Invoice # 6/18/2015 13053 P.O. No. Terms Project Due on receipt Quantity Resenption Rate Amount Septic Inspection rd.: 0566 CR 113: Tank is a 2 compartment, cement in 85.00 85.00 construction, and shows no signs of deterioration. Ts were on both the inlet & outlet lines properly. It has 4 0.. of risers nn both the inlet and outlet sides and were in good condition. The leachfield is approximately 10 rears old and appears to be functioning nomtally. Sales Tax 4.90% 0.00 Thank you for your business. Carbondale Aspen Fax Total ett501 (970) 963-3814. (970) 920-2059 (970) 963-6070 ATTACHMENT K - RESUME OF PREPARER r1ROC K P1 CREEK llSTUDJO 215 Jefferson Street Fort CoIlins, CO 80524 970.215.0451 dave@rockoreekstudio.org DAVE MICHAELSON Education M.S. In Urban and Regional Planning, College of Environmental Design, California Polytechnic University (Cal Poly) M.A. In Public Policy and Administration, Emphasis in Urban and Regional Planning, California State University, Long Beach B.A. In Political Science/Environmental Science, University of Northern Colorado Notable Highlights Owner and Principal Planner, Rock Creek Studio. 2012 to Present Leader designer, planner, public facilitator and document author for planning projects and physical design for projects throughout the Rocky Mountain west. Responsible for a wide range of applied planning, urban design, public engagement and project management for public and private sector projects. Completed a wide variety of GiS analysis and cartographic production projects in the realm of long range planning. buildout analyses and site design. Notable successful projects include' GIS and Policy Development for the Leadville and Lake County Master Plan Public Engagement and Charrette Lead. Douglas, Wyoming Downtown Revitalization Plan Site Design and Successful Approval of Several Mining Claims in San Juan County Opportunity/Constraint Analysis and Conceptual Site Design - "Entrance to Silverton" Redesign of the Creekside Meadows PUD in Driggs, Idaho GIS Development for the Colorado Avalanche information Center in Silverton, Colorado Spearheaded a Youth Visioning Exercise for the Town of Limon Comprehensive Plan Planning Director, Town of Silverton and San Juan County, CO, 2010 to 2012 Responsible for all long range, current and special project coordination for both the Town and County. Successfully implemented changes to both the Town and County Subdivision and Zoning Regulations consistent with an adopted joint town/county Comprehensive Plan. Responsible for the development of a GIS land management system to assist in future planning Notable projects include: Project Planner for the Anvil Mountain Affordable Housing Project Governor's "Bottom Up" Economic Development Program Developed a in-house Downtown Revitalization Plan Designed the first segment of the Animas River Trail System Drafted and passed ground -breaking Back Country Development Regulations Dave Michaelson, Page 2 Senior Long Range Planner, County of Maui, HI, 2005 — 2010 Lead planner for the development of a County -wide policy plan and a four -island Master Plan. Developed a series of GIS -based tools to visualize the impacts of future development scenarios and has the primary facilitator for the General Plan Advisory Committee and the entire public process. Specific projects included: County Socio -Economic Model Maui Island Plan Analysis of Existing Land Use Code County Public Engagement Process County Cultural Resources Assessment High School Master Public Involvement Project Director of Long Range Planning and GIS, Gunnison County, CO 2001 — 2005 Supervised an award-winning four -person department dedicated to all long-range planning, GIS, site design and special project coordination for the County. Successfully completed projects include the following: Gunnison County Master Plan Somerset Park Site Design Upper Crystal River Master Plan Rock Creek Affordable Housing Site Design Implementation of Community Viz Sustainability Indicators Methodology and Analysis Founder and Principal Planner, Rock Creek Studio/OTAK, Carbondale, CO 1996 — 2001 Responsible for the formation of the first true planning and site design firm in the Roaring Fork Valley, which was acquired by OTAK in 2001. Notable projects include the following: Carbondale Master Plan Garfield County Affordable Housing Regulations Marble Master Plan Waldorf School Site Design and Approval Upper Crystal River Master Plan Sopris Tree Farm Master Plan Basalt Master Plan Pitkin Iron Affordable Housing Project Roaring Fork Valley GIS -based Open Space/Biodiversity Plan Deputy Director of Community Development, City of Aspen, CO 1995-1996 Supervised all current planning functions, historic preservation staff and building code compliance functions of a 24 -person planning department. Drafted large portions of the Aspen Area Community Plan. Senior Planner, Garfield County, CO 1991 —1995 Senior Planner in charge of all current and long range planning functions during the highest growth window in the County's history. Developed a GIS system that received national exposure for its effectiveness in improving decision making. Responsible for the drafting and approval of the County's first Comprehensive Plan, the establishment of a Open Space Advisory Board and significant revisions to Subdivision and Zoning Regulations. Environmental Planner, P and D Consulting, Irvine, CA 1986 —1991 Responsible for drafting National Environmental Protection Act (NEPA) and California Environmental Quality Act (CEQA) EAs and EIRs for housing, transportation, commercial and retail projects throughout the western United States. Member of multiple design teams for parks, trails, housing and commercial projects. Dave Michaelson, Page 3 Software Expertise ArcGIS 10.3 CommunityViz Spatial Analyst Office (all components) 3-D Analyst Pages, Numbers, and Keynote AutoCad SketchUp In -Design Windows 7 and OS X Presentations Hawaiian Congress of Planning Officials Conference, 2005, 2006, 2007, 2008 and 2009 National APA Conference, Denver 2004 Colorado State APA Conference, 1993, 1995, 1996, 2002, 2004 Boards and Commissions Board of Directors, AKAKU Public Radio, VVailuku, Maui, HI 2005 — 2010 Board of Directors, Orient Land Trust, Crestone, CO 2001 — 2005 Board of Directors, Aspen Valley Land Trust, Aspen, CO 1996 — 2000 Board of Directors and President, Carbondale Mountain Fair 1993 — 2000 Board of Directors, KDNK Public Radio, 1992 - 2000 Personal 4th Generation Colorado Native NCAA Division II All-American Tennis Player, University of Northern Colorado, 1981, 1983, 1984 Competed on the Professional Southern California and European Satellite Tennis Circuit, 1985 Personal Passions include Backcountry Skiing, Fly fishing, Backpacking, Volunteerism