HomeMy WebLinkAbout20112528.tiff HEARING CERTIFICATION
DOCKET NO. 2011-57
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1790 FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MORE SPECIFICALLY DEFINED AS THE FABRICATION OF
PASTEURIZERS THAT ARE USED TO PASTEURIZE MILK ON A DAIRY FARM FOR
FEEDING TO CALVES), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS, IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD
DUMM, JR., AND MARTIE HARRISON-DUMM
A public hearing was conducted on September 28, 2011, at 10:00 a.m., with the following
present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 2011, and duly published August 24,
2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Richard Dumm, Jr., and Martie Harrison-Dumm, for a Site Specific Development Plan and Use
by Special Review Permit #1790 for any Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (more specifically defined
as the fabrication of pasteurizers that are used to pasteurize milk on a dairy farm for feeding to
calves), provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He provided a brief description of the location of the existing facility, which is located with the
three-mile referral areas for the City of Greeley and the Towns of Eaton, Windsor, and
Severance. He explained the manufactured products are similar to a washing machine in size
and are used to pasteurize milk on a dairy farm for feeding calves. He stated the manufacturing
process occurs within an existing metal skinned building, and he provided a brief description of
CL PL, PL3, FtL- 2011-2528
I I - 3-1) PL2126
HEARING CERTIFICATION - RICHARD DUMM, JR. AND MARTIE HARRISON-DUMM
(USR-1790)
PAGE 2
the surrounding land uses. Mr. Ogle stated 11 referral agencies reviewed this proposal, two
offered comments which have been addressed in the Conditions of Approval and Development
Standards, and staff received no correspondence from surrounding property owners.
Don Carroll, Department of Public Works, stated the site is located four miles west and one mile
south of the Town of Eaton, accessed from County Road 29, which is a local gravel road with 60
feet of right-of-way. He stated the average daily traffic count, taken in the year 2008, was
approximately 189 vehicles. He indicated the applicant proposes to utilize existing structures
and staff is not requiring any stormwater features, although the applicant will be required to
maintain historical stormwater flows. He further stated there will be two outside employees
using personal vehicles, and one delivery vehicle per day, so this use will not create a
significant impact.
Lauren Light, Department of Public Health and Environment, stated the site will receive service
from the North Weld County Water District, there is a septic system for the house and attached
shop, which is designed for six people, and a design review will not be required unless the use
exceeds six people. She stated gravel on the driveway will control dust, and the submitted
Waste Handling Plan indicates employee waste will be removed with standard dumpster
service; therefore, Condition of Approval #1.8 may be deleted. She further stated Development
Standards#3 through#14 address the usual Health items required for this type of facility.
Richard Dumm, Jr., applicant, stated he has been practicing veterinary animal medicine for
approximately 16 years. He stated he developed the pasteurizers and he needs to expand the
facility due to business growth, as well as to accommodate the development of other small
products. Mr. Dumm indicated they do use the residence on the property and there will only be
two other employees; therefore, the existing system is adequate and will not need to be
expanded. Responding to Commissioner Rademacher, Mr. Dumm stated the nearest neighbor
is located 1,000 feet to the southwest and the property to the north is a horse training facility
with no residence; the next closest residence is located near the intersection of County
Roads 29 and 72. In response to Commissioner Conway, Mr. Dumm indicated agreement with
the language that the number of employees be commensurate with the septic system capacity.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, the
Board indicated agreement with the deletion of Condition of Approval #1.B, and Development
Standard #20. In response to Commissioner Rademacher, Mr. Ogle stated Development
Standard #21 is standard language for all USR's and the applicant will not be required to
provide a Screening Plan. Responding to Chair Kirkmeyer, Mr. Dumm stated he has reviewed,
and agrees to abide by, the Conditions of Approval and Development Standards, as proposed
and modified.
Commissioner Conway moved to approve the request of Richard Dumm, Jr., and Martie
Harrison-Dumm for a Site Specific Development Plan and Use by Special Review Permit#1790
for any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (more specifically defined as the fabrication of
pasteurizers that are used to pasteurize milk on a dairy farm for feeding to calves), provided that
2011-2528
PL2126
HEARING CERTIFICATION - RICHARD DUMM, JR. AND MARTIE HARRISON-DUMM
(USR-1790)
PAGE 3
the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. His motion
included the deletion of Condition of Approval #1.B and Development Standard #20, and the
appropriate renumbering or re-lettering of subsequent paragraphs. The motion was seconded
by Commissioner Long, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:55 a.m.
This Certification was approved on the 3rd day of October, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -at- 4yV 4a A,k--KLty
ara Kirkmeyer,iChair
Weld County Clerk to the Board
Sean P. n a Pro-Tem 1
BY: J
Deputy Clekk to the Board
fLe, illiam . Ga
1'' EXCUSED DATE OF APPROVAL
1161 O 4V David E. Long �J rvtNI% '� e Iougla- Rademach-
Aft le
2011-2528
PL2126
/ A
x 7
y $ t /
R
k . §
o 0 2 \ \� �
W ■ n
w § o / $ fib
g`- .1
o m k k \ *
2 § § § \ \ \ /
e w
z 0 a I $ \ «
[ ■ r. E § ) \ / /
2 ka . o \ \ n
§ $ ) J |11 2 ) $ \
k 2 � - C
z Ere
O XOO { &
2 0 < I
o ■ c < .
02 ch j �
# ■ \ ,
k 000 / 9�
0 _ 22 . CD
2 wwY § 2 / �$
2 OOO \ \
1000 � z -
_ 000 a.
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1790 - RICHARD DUMM AND MARTIE HARRISON-DUMM
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 9/6/2011)
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
Q.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello