HomeMy WebLinkAbout20182719.tiffHEARING CERTIFICATION
DOCKET NO. 2018-89
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0062, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, 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, MORE
SPECIFICALLY DEFINED AS THE DEVELOPMENT, FABRICATION AND
MANUFACTURING OF SMALL MACHINES AND CONSUMABLE PRODUCTS TO BE
USED BY THE DAIRY INDUSTRY FOR THE FEEDING AND HUSBANDRY OF CALVES,
INCLUDING PASTEURIZERS THAT ARE USED TO PASTEURIZE MILK ON A DAIRY
FARM FOR FEEDING TO CALVES IN THE A (AGRICULTURAL) ZONE DISTRICT -
RICHARD AND JEAN DUMM, AND MARTIE AND RICHARD DUMM, JR., C/0 DAIRY
TECH, INC.
A public hearing was conducted on September 5, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 27, 2018, and duly published August 1,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Richard
and Jean Dumm, and Martie and Richard Dumm, Jr., do Dairy Tech, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0062, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, 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, more specifically
defined as the development, fabrication and manufacturing of small machines and consumable
products to be used by the dairy industry for the feeding and husbandry of calves, including
pasteurizers that are used to pasteurize milk on a dairy farm for feeding to calves in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
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2018-2719
PL2583
HEARING CERTIFICATION - RICHARD AND JEAN DUMM, AND MARTIE AND RICHARD
DUMM, JR., C/O DAIRY TECH, INC. (USR18-0062)
PAGE 2
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is approximately three (3) acres and contains a residence and proposed business
that will be east of and adjacent to County Road (CR) 21, and north of and adjacent to CR 70. He
indicated the site is within the three (3) mile referral area of the Towns of Severance and Windsor.
He stated the Town of Severance indicated an Access Permit would be required for any access
onto CR 70 and also requested additional landscaping adjacent to CR 21. He mentioned the
Future Land Use Map for the Town of Severance defines the proposed parcel as being within the
Land Use Transitional Area with a rural residential designation. He stated the parcel is also within
the Coordinated Planning Agreement for the Towns of Windsor and Severance. Mr. Ogle
described surrounding uses and indicated there is a middle school adjacent to the east. He stated
Dairy Tech, Inc., is an established business currently located on CR 29, but is relocating to expand
the business. Mr. Ogle indicated there is an existing residence on the property that will be used
as security housing for an employee and the other existing structures will be demolished to make
room for the new facility. He stated 13 referral agencies have reviewed the case, and three (3)
responded with comments that have been addressed in the staff recommendation. Mr. Ogle
presented images of the site and surrounding views, described the existing structures, showed
where the school is located and entered the favorable recommendation of the Planning
Commission into the record as written.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and stated the site is accessed from CR 70, which is
maintained by the Town of Severance. He stated a Preliminary Drainage Report was submitted
with the application and a Weld County Grading Permit will be required if disturbing more than an
acre.
B Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there may be up to 20 employees onsite. He indicated the new structure
will recieve water provided by the North Weld County Water District (NWCWD) to be utilized for
the business and there is an existing residence onsite with a permitted septic system. He also
stated there is a residential well that may not be used for the business unless it is repermitted for
commercial use. Mr. Frissell mentioned Development Standards (DS)#8-15 address
Environmental Health items.
Dr. Richard Dumm, applicant, reflected on the previously approved USR for their business
and stated they have outgrown their current location. He stated the septic system at the current
location is only permitted for the maximum number of employees, which they have exceeded
resulting in the need to relocate. He mentioned the school's adjacent location and his hope to
bring more agriculture into the community and provide an opportunity to involve the students and
teach them about agriculture and the dairy industry. He explained they currently host veterinarian
students from Colorado State University to offer on -site learning. In response to Chair Moreno,
Dr. Dumm stated the company was formed in 1999; however, it continues to grow and has been
at the current location for approximately seven (7) years. He mentioned it is a great business and
described the machines they have developed to pasteurize colostrum, stated the business sells
products in 40 countries, and included it has allowed him many opportunities as a veterinarian.
In response to Commissioner Cozad regarding outside storage, Dr. Dumm stated there is
no existing outside storage, aside from the two -car garage and chicken coop next to the
2018-2719
PL2583
HEARING CERTIFICATION - RICHARD AND JEAN DUMM, AND MARTIE AND RICHARD
DUMM, JR., C/O DAIRY TECH, INC. (USR18-0062)
PAGE 3
residence. He indicated they do not anticipate any additional outside storage and mentioned the
parking will be outside. In response to Commissioner Cozad regarding lighting, Dr. Dumm stated
there will be a limited amount of building lighting to illuminate the walkways and mentioned the
Conditions of Approval (COA) require them to adhere to the Dark Sky Standard.
No public testimony was offered concerning this matter.
tal In response to Chair Moreno, Dr. Dumm indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as presented. He expressed frustration
with the Fire District requiring a second fire hydrant and a sprinkler system within their building.
After further discussion, Mr. Ogle stated the applicant must comply with the Fire District to receive
their Commercial Building Permit.
. In response to Commissioner Conway, Mr. Ogle reiterated to receive a Commercial Building
Permit, the applicant submits the plans to the Fire District for approval before the Department of
Planning Services can sign off for the permit. Mr. Ogle suggested the applicant work with Jose
Gonzalez, the Assistant Building Official, to define what is applicable.
IR Dr. Dumm stated there is difficulty with the NWCWD allowing utilization of the current tap on
the property for minor water needs; however, he is now being required to install an additional
four (4) inch main to the building, which is expensive.
Commissioner Kirkmeyer suggested deleting COA #1.C requiring a Lighting Plan, and
COA #1.D requiring a Screening/Landscape Plan. Commissioner Cozad further suggested
deleting COA #1.F.5 and #1.F.6 related to the aforementioned deletions. Commissioner
Kirkmeyer suggested deleting COA #1.F.9 as it states the same requirement as COA #1.F.14.
Commissioner Kirkmeyer further suggested increasing the hours of operation to 7:00 a.m. to
7:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 p.m., on Saturdays. Commissioner
Kirkmeyer also recommended increasing the number of on -site employees to twenty-four (24).
The Board agreed with all of the amendments.
In response to Chair Moreno, Dr. Dumm indicated he had reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
IR Commissioner Kirkmeyer moved to approve the request of Richard and Jean Dumm, and
Martie and Richard Dumm, Jr., c/o Dairy Tec, Inc., for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0062, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts, 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, more specifically defined as the
development, fabrication and manufacturing of small machines and consumable products to be
used by the dairy industry for the feeding and husbandry of calves, including pasteurizers that are
used to pasteurize milk on a dairy farm for feeding to calves 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 amended and entered into the record.
The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner
2018-2719
PL2583
HEARING CERTIFICATION - RICHARD AND JEAN DUMM, AND MARTIE AND RICHARD
DUMM, JR., C/O DAIRY TECH, INC. (USR18-0062)
PAGE 4
Cozad commented the proposal looks like a wonderful facility and she believes the site will
enhance the school. She stated she loves the idea of involving the students in agriculture and
thanked Dr. Dumm for his business in Weld County. Commissioner Conway echoed the
comments of Commissioner Cozad and stated the importance for kids to understand agriculture.
There being no further discussion, the hearing was completed at 11:38 a.m.
This Certification was approved on the 10th day of September, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
St e Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk
Date of signature: 1 six
Mike Freeman
2018-2719
PL2583
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