HomeMy WebLinkAbout20182706.tiffRESOLUTION
RE: APPROVE 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/O DAIRY TECH, INC.
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 5th day of
September, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard and Jean Dumm, and Martie and Richard Dumm, Jr., c/o Dairy
Tech, Inc., 34824 CR 29, Greeley, Colorado 80631, 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,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -3615; being part
of the SW1/4 of Section 11, Township 6 North,
Range 67 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.
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2018-2706
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SPECIAL REVIEW PERMIT (USR18-0062) - RICHARD AND JEAN DUMM, AND MARTIE AND
RICHARD DUMM, JR., C/O DAIRY TECH, INC.
PAGE 2
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:
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.
1) 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." Dairy Tech, Inc., is proposing to use the property as
part of their expansion of the existing facility for the manufacturing
of dairy equipment, which is utilized in the treatment and health
maintenance of dairy herds.
2) 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." Dairy Tech, Inc., has outgrown
the capacity of the building and the site limitations. The 3.02 -acre
Recorded Exemption parcel offers plenty of space for the growing
needs of the company. The existing small home on the property will
be utilized for security housing for an employee. The remaining
structures on the property would be demolished to make room for a
new facility.
3) 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." The new facility will
maintain the agricultural heritage of the area in the construction of
the new barn for the business, while retaining the existing residence
and wood frame shed. The facility is served by public water and an
On -site Wastewater Treatment System (OWTS) appropriately sized
for the business.
4) 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." Dairy
Tech, Inc., was approved for a Small Dairy Product Manufacturing
Facility in 2011, at the Dumm property located off of County
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SPECIAL REVIEW PERMIT (USR18-0062) - RICHARD AND JEAN DUMM, AND MARTIE AND
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Road 29. The business has outgrown the current facility and will
expand the business to this new location
5) 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." Dairy Tech, Inc., has been in business since 1999. The
company which specializes in the treatment and health
maintenance of dairy herds and their manufacture pasteurizers are
the most field-tested pasteurizers in the world. 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 the pasteurized, refrigerated, frozen,
reheated and fed all from the same container of Colostrum. The
manufacturing of the Dairy Tech, Inc., product line will occur within
the proposed metal skinned building to be constructed onsite. The
proposed use is in an area that can support this development and
the existing screening, the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
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.S 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 Districts (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.
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 and rural residential development to the west
and south. Weld County RE -4 constructed a new elementary/secondary
school adjacent to the property to the north and east. This property is the
former rural residence associated with the larger agrarian parcel now
utilized for the school. The Future Land Use Map for the Town of Severance
defines this parcel as being within a Land Use Transitional Area with a
Rural Residential designation. The property is also located within the
Coordinated Planning Agreement Area for the Towns of Windsor and
Severance. The proposed facility utilizes existing site improvements and a
new barn for the business in keeping with the agrarian appeal.
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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 site is located within the three (3) mile referral area of
the Towns of Windsor and Severance. The Towns of Windsor and
Severance, in the undated Notice of Inquiry comments, requested the
application be referred to the Town of Windsor per the Coordinated
Planning Agreement and the Town of Severance indicated that an Access
Permit would be required for any access onto County Road 70, a public
road annexed by the Town, and that additional landscaping adjacent to
County Road 21 would be suggested.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
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 proposed facility is located on approximately 3.026 acres of Prime
(Irrigated) Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
irregular shaped parcel and the existing improvements constructed on the
property do not take any agricultural land out of production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Richard and Jean Dumm, and Martie and Richard
Dumm, Jr., c/o 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, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. The applicant shall attempt to address the requirements of the
Windsor -Severance Fire Protection District, as stated in the referral
response dated July 23, 2018. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. Part of County Road 70 and County Road 21 are under the jurisdiction of
the Town of Severance. The municipality has jurisdiction over access to
the road. Please contact the municipality to verify the Access Permit or for
any additional requirements that may be needed to obtain or upgrade the
permit.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0062.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
6) The map shall delineate the parking area for the vendors,
customers and/or employees. There shall be two (2) ADA compliant
parking spaces and a minimum of 26 parking spaces for
employees, customers and vendors per Appendix 23-B of the Weld
County Code.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
8) The applicant shall show the drainage flow arrows.
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SPECIAL REVIEW PERMIT (USR18-0062) - RICHARD AND JEAN DUMM, AND MARTIE AND
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9) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
10) Part of County Road 70 and County Road 21 are under the
jurisdiction of the Town of Severance. Show and label the existing
and future right-of-way widths for County Roads 70 and 21.
11) Label the approved Town of Severance accesses on the map with
the Access Permit numbers, if applicable.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) or one (1) paper copy of the USR Map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the map, the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The map shall be prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code. The Mylar map and additional requirements shall
be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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SPECIAL REVIEW PERMIT (USR18-0062) - RICHARD AND JEAN DUMM, AND MARTIE AND
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dayledv YSiedk
Weld County Clerk to the Board
BY: 1014,16.
Deputy Clerk
o the Boar
my A orneyyII
Date of signature: 7Iat0i$
Ste e Moreno, Chai
r.ara Kirkmeyer Pro-Tem
A c
Co way .,
lie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND JEAN DUMM, AND MARTIE AND RICHARD DUMM, JR.,
C/O DAIRY TECH, INC.
USR18-0062
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0062, is
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, 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. The hours of operation are 7:00 a.m. — 7:00 p.m., Monday — Friday, and 7:00 a.m. - 12:00
p.m., Saturday.
4. The number of on -site employees shall be twenty-four (24).
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The existing landscaping and screening on the site shall be maintained.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. 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, C.R.S. §30-20-100.5.
10. 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. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code and the accepted waste handling plan.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
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13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
14. 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
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of on -site drainage related features.
19. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
20. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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. 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
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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.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
26. 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 map and recognized at all times.
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