HomeMy WebLinkAbout20112517.tiff RESOLUTION
RE: APPROVE 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th day
of September, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard Dumm, Jr., and Martie Harrison-Dumm, 34824 County Road
29, Greeley, Colorado 80631, 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, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption #4272; being part of
the NW1/4 of Section 9, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT#1790 - RICHARD DUMM, JR., AND MARTIE HARRISON-DUMM
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a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Section 22-2-20.B.2 (A.Policy 2.2) states, "Allow commercial
and industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be encouraged
to locate in areas that minimize the removal of agricultural land from
production." Section 22-2-20.G.1 (A.Policy 7.1) states, "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal,
or can be mitigated, and where adequate services are currently available
or reasonably obtainable." Section 22-6-20.A (ECON.Goal 1) states,
"Encourage the expansion of existing businesses and the location of new
industries that will provide employment opportunities in the County."
Section 22-6-20.A.2 (ECON.Policy 1.2) states, "Promote the expansion
and diversification of the commercial economic base to achieve a
well-balanced commercial sector in order to provide a stable tax base and
a variety of job opportunities for County citizens."
The applicant is proposing to use the property for the light manufacturing
of dairy equipment. The business located on the premises is Dairy Tech,
Inc., which specializes in the treatment and health maintenance of dairy
herds. The pasteurizers are the most field tested pasteurizers in the
world and the company has been making them since 1999. The products
can be characterized as a machine similar in size to a washing machine
that is used to pasteurize milk on a dairy farm for feeding to calves. Dairy
Tech equipment improves herd bio-security by pasteurizing Colostrum,
Waste Milk and High SCC Milk, leading to a decrease in the number of
new infections due to: Johne's Disease, Mycoplasma, Staph Aureas,
Salmonella, and Coliforms. In addition to pasteurization, Dairy Tech
specializes in pasteurized, refrigerated, frozen, reheated and fed all from
the same container of Colostrum. The manufacturing of the Dairy Tech,
Inc., product line occurs within an existing metal skinned building located
on the site.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone District (assemble veterinary
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and dairy equipment for use on Dairy Farms) in the A (Agricultural) Zone
District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by agricultural related activities. To the north is a horse
training facility without living quarters on the site; and to the east is a
commercial landscaping business, including truck and equipment parking.
To the south is irrigated farm ground that is leased by an absentee owner;
a resident farmer is also adjacent to the south. To the west are pasture
lands and hay production activities.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The facility is within the three-mile referral area for the City
of Greeley, and the Towns of Eaton and Severance. Each municipality
responded with no conflict to their interests.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee. The site is not located within a Special Flood
Hazard Area (SFHA), as determined by the Federal Emergency
Management Agency (FEMA).
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is designated as "Prime" by the U.S.D.A. Soil
Conservation Service. The area utilized for the Use by Special Review
Permit takes out approximately two (2) acres of land that has been taken
out of production with a single family residence and one outbuilding. The
current uses of the property, including the agricultural activities, are an
important part of the proposed use.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT#1790 - RICHARD DUMM, JR., AND MARTIE HARRISON-DUMM
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1790.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) County Road 29 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
5) The access, which shall be labeled with the approved access
permit number, AP11-00163.
6) A graphic key and/or symbol serving to identify each component
that is located within the USR boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
7) All exterior lights associated with the facility, as approved by the
Department of Planning Services.
8) The location any sign associated with this facility, as approved by
the Department of Planning Services.
9) The location of the trash dumpster.
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B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. At a minimum, information shall be
provided concerning lamp type and construction/installation of said
device.
C. The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1790 - RICHARD DUMM, JR., AND MARTIE HARRISON-DUMM
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /42 Ckhk-L �� -
Barbara Kirkmeyer, Chair /
Weld County Clerk to the Board .—
,Pro-Tern.__--
'-�� Sean P. C way Pro-Tern
BY: i4� ; IE IL,A
Deputy Cle to the Boa ' �) .•Adi
ill F. arcia^
--A . 1161 U -7 � c (C'
ED '��^�` •
L-33, David E. Long
;Cbunty Attorney 2 s n ,
7
Dougla• Rademacher
Date of signature: / / -/-//
2011-2517
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD DUMM, JR., AND MARTIE HARRISON-DUMM
USR #1790
1. The Site Specific Development Plan and Use by Special Review Permit#1790 is 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, as indicated in the application materials on file and subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for employees of
the facility, at all times.
10. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
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DEVELOPMENT STANDARDS - RICHARD DUMM, JR. AND MARTIE HARRISON-DUMM
(USR#1790)
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11. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
12. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate, in accordance with the requirements of the
Weld County Code pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
16. Ingress and egress to the facility shall be from the existing access on County Road 29,
as no additional access will be granted.
17. A building permit is required for any future building. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is
regulated by the code, or to cause any such work to be done, shall first make application
to the building official and obtain the required permit.
18. Buildings, structures, and uses shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Fuel Gas Code, 2006 International
Energy Conservation Code, 2008 National Electrical Code, 2003 ANSI 117.1
Accessibility, and Chapter 29 of the Weld County Code.
19. All building plans shall be submitted to the Eaton Fire Protection District, for review and
approval, prior to the issuance of building permits.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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DEVELOPMENT STANDARDS - RICHARD DUMM, JR. AND MARTIE HARRISON-DUMM
(USR#1790)
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22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
23. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
24. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
26. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
27. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
28. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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