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Home My WebLink About20013291.tiff HEARING CERTIFICATION DOCKET NO. 2001-87 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1356 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION (1,450-HEAD DAIRY, WITH TWO ADDITIONAL MOBILE HOMES AS ACCESSORIES TO THE FARM) IN THE A (AGRICULTURAL) ZONE DISTRICT -SCOTT AND SUSAN BUSKER A public hearing was conducted on December 5, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem Commissioner William Jerke Commissioner David Long Commissioner Robert Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Lauren Light Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 16, 2001, and duly published November 21,2001,in the Tri-Town Farmer and Miner,a public hearing was conducted to consider the request of Scott and Susan Busker for a Site Specific Development Plan and Use by Special Review Permit #1356 for an Agricultural Service Establishment and Livestock Confinement Operation (1,450-head dairy, with two additional mobile homes as accessories to the farm) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lauren Light, 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. Ms. Light gave a brief description of the location of the site,which is currently a Use by Right Dairy. She stated the applicants own a total of 220 acres; however, this request is to permit 80 acres and allow for new cattle pens south of existing pens, additional dry cow and calf pens, two mobile homes for employees, and additional lagoons. Ms. Light stated the current dairy has existed for seven years, and the Board previously denied the applicants' request for a 3,500-head dairy in 1999. She stated the Board later found that there had been a substantial change regarding the case based in part upon the reconfiguration of the site through a Recorded Exemption. She further stated the site is no longer within the Urban Growth Boundary of the Town of Firestone, and the requested amount has been reduced to 1,450 cows on 80 acres. Ms. Light stated applicants are allowed 560 cows on the remaining acreage as a Use by Right. She reviewed the reasons of approval as noted in the Planning Commission Resolution of Recommendation, and stated the dairy was established prior to the establishment of the current town boundaries. She stated the applicants are reviewing the options for mitigating odors, and the nuisance plans will need to be approved by Weld County Department of Public Health and Environment as a Condition of Approval. Ms. Light stated the composting will be conducted on the northeast corner of the site, 2001-3291 de ; A4 hi/ /9/d PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR #1356) PAGE 2 and the applicants will not be accepting manure from other sites for composting. She stated the neighbors are requesting the applicants plant evergreens to provide a year-round buffer and that will be addressed in the Landscape Plan. Ms. Light stated six referral agencies responded with no comments, six submitted comments which have been addressed in the Conditions of Approval or Development Standards, and three did not respond. In response to Chair Geile, Mr. Morrison stated the ditch dividing the site does not break contiguity regarding the number of animals allowed by right; however, a road would. Responding to Chair Geile, Ms. Light indicated the location of the remaining 140 acres, which are contiguous to the permit area, but within the Urban Growth Boundary for the Town of Firestone. She further stated there are some trees on the site, as well as a berm along Weld County Road 17, and there needs to be additional landscaping along the south side of the driveway. She stated the existing well is classified as a Commercial Well, which is currently used for the dairy operation. Don Carroll, Department of Public Works, stated all of the surrounding roads are local county roads, and he reviewed the traffic counts for each. Responding to Chair Geile, Mr. Carroll stated application indicates the expansion will result in a total of eight to ten semi-trucks per week. Trevor Jiricek,Weld County Department of Public Health and Environment, stated the Manure and Waste Water Management Plans only addresse the permitted area, not the remaining 140 acres; however,the entire property is considered one site under the Confined Animal Feeding Operations (CAFO) Control Regulations. He stated a plan for the entire site has been submitted to the state for review and comment. Responding to Chair Geile, Mr. Jiricek stated since the initial request was denied,the applicants have submitted a Manure and Management Plan,which has been approved, and no complaints were received until this year. He stated the Colorado Department of Public Health and Environment inspected the site and found no basis for the complaint. He further stated the existing lagoons have been tested and certified by an engineer and were found to be adequately lined to meet the CAFO requirements. Mr. Jiricek stated the well is used for the dairy and is inspected by the Colorado Department of Public Health and Environment for quality. Thomas Haren,AgPro Environmental Services, LLC, represented the applicants and reviewed the proposed improvements to the site. He stated the property is divided by the Stanley Ditch, which is concrete lined,and he submitted a color drawing of the site, marked Exhibit 28. Mr. Haren stated they held a community meeting to discuss the proposal; however, some of the concepts have changed since then, including moving the eastern pens and lagoon farther north to create a better buffer. He stated the dairy is designed as evaporative, so land application is only done if necessary. Mr. Haren stated there are small trees along the road, and the applicants are planning to plant 700 more deciduous trees along Weld County Road 17 and the south property line. He stated the lagoons on Weld County Road 17 are built up, and the berm is grassed and will also have trees. He further stated the dairy was built in 1995, and the solid manure is composted on the site along the northern property. The permitted area will be entirely self-sufficient and separate from the remaining 140 acres. He stated the applicants use very little water for this dairy operation, and the site is currently at capacity with 880 animals allowed by right. Mr. Haren submitted a copy of the dairy records on the herd, marked Exhibit S, which he reviewed for the record. He stated the site is currently serviced with a Central Weld County Water District tap in conjunction with the commercial well. He stated the applicants will purchase a larger tap if this request is approved. He further stated the site has valid Individual Sewage Disposal System (I.S.D.S.) permits, the soil 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 3 and fire protection information has been provided in the application materials, and there are two separate management plans for each operation. Mr. Haren stated all of the lagoons have been tested and certified by engineers, and the proposed lagoons will be larger to contain a ten-day, ten-year storm. He stated the applicants plan to construct a masonry entrance and retaining wall to enhance the entrance, the entire property is listed as"Other Lands or Prime if Irrigated,"and the Nuisance Plans will address odor,flies, dust, etc. He further stated the lighting will not be directed up or offsite, the site is routinely mowed, and each of the requirements of this permit exceeds the current requirements, so approval of this permit will only improve the quality of the operation, as well as the quality of life in the area. Mr. Haren stated the Agricultural Zone District is the only zone where this type of activity can occur, and he stated the Comprehensive Plan does not distinguish between the types or sizes of agricultural activities. He stated the surrounding land is also zoned Agricultural regardless of the presence of residences or the proximity to urban boundaries. He further stated the applicants have made an effort to design the site implementing input from County staff and the neighborhood to mitigate the concerns and protect the health and welfare of the surrounding residents. Mr. Haren stated the applicants have reviewed and agreed with the proposed Conditions of Approval and Development Standards, there is a Ditch Crossing Agreement in place, the Stanley Ditch indicated no objections, and all of the existing trailers and septic systems are permitted and legal. He stated the traffic is reduced when the employees live on the site, the permit area is no longer within the Firestone Urban Growth Boundary, the site is not in violation,there have been no valid complaints,and the applicants have made a diligent effort in submitting a reasonable application. Responding to Commissioner Jerke, Mr. Haren stated, if approved, the applicants will purchase a 1.5-inch tap which will be supplemented with the 30-gallon per minute adjudicated well to serve the dairy and mobile homes. Responding to Commissioner Masden, Mr. Haren stated there are oil and gas structures near the northwest corner of the site, the other oil structure near the center of the site has been abandoned, and the pens and structures will meet the setback requirements. Responding to Chair Geile, Mr. Haren stated the applicants will need to construct the containment structures, build fences, and extend the milking parlor before increasing the number of cows. He stated the expansion will use the existing access, and they are not proposing any additional accesses. Responding further to Chair Geile, Mr. Haren stated the lagoons are designed to hold three to four months of stormwater, so winter land application should be rare. He reviewed the Wastewater Accumulation Calculations and how they manage and dewater the lagoons. He explained the pens are harrowed daily, weather permitting, to keep the pens dry and clean for better quality milk. Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Haren stated the technology used on the site consists of incorporating research information received from Colorado State University and Texas A&M. He stated they intend to have a low pen density, minimize waste by controlling the feed, limit the amounts of water to what is absolutely necessary, plant more trees to disperse odors,and compost waste. Responding to Chair Geile, Mr. Haren stated the applicants are willing to inspect the lights and shield them if necessary. He further stated since the first application was denied, the applicant has hired consultants to conduct monthly inspections of the lagoons, take soil samples, and they are keeping better records. He further stated the lagoons have not been relined,just tested to ensure they comply with the standards. 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 4 Tom Dunn, surrounding property owner, stated he lives 1.5 miles south of the dairy and he has an agricultural background. Mr. Dunn expressed concern regarding heavy truck traffic and the safety of residents in the area. He stated an increase in animals will also result in an increase in traffic, which is already a hazard. He stated some of the semi-trucks disregard the speed limits and Stop signs. Dave Mallory, surrounding property owner, stated he has lived in the area since 1983 and works as a full-time farmer. Mr. Mallory stated his home is southwest of the dairy, and he is affected by the dairy lights and odors. He stated he intends to continue farming and then develop his land once he retires. Mr. Mallory questioned whether the dairy proposal is reasonable when proposed adjacent to a designated growth area. He stated this may be good for the dairy business; however, it will only hinder the property values and financial plans of property owners surrounding the dairy. Will Wimmer, surrounding property owner, stated he does not object to the existing operation as a Use by Right, and he submitted a packet of information, marked Exhibit T. Mr. Wimmer stated this is a poor location for a confined animal operation. He stated prior to purchasing his own property, he consulted with a County planner who referenced the 1996 Intergovernmental Agreement with Frederick, Firestone, and Dacono. He stated the area is predominantly rural residential, and most of the residences existed prior to construction of the dairy. He further stated most have put up with the conditions rather than filing a complaint, and he stated the black birds drawn by the dairy caused damage to approximately 15,000 young trees he raises on his 28 acres. Mr. Wimmer stated most of the parcels are eligible for Recorded Exemptions, which could potentially create five or six more residences, and he submitted information from the University of Nebraska regarding windbreaks, marked Exhibit U. He expressed concern with damage to the liners when the lagoons are dredged, and questioned whether the depth of the lagoons is adequate. Paul Zacovich, VGD Development, stated his company has applied for a Change of Zone on the 160-acre property northeast of the proposed dairy. He stated they intend to annex into the Town of Firestone and construct approximately 1,800 homes on 800 acres. In response to Chair Geile, Mr. Zacovich stated the dairy was in existence prior to purchasing the land for development. He further stated they are also proposing some land for a school site for the St. Vrain School District as part of the development. Ray Sagehorn stated he is the veterinarian for Busker Dairy and operates the Animal Clinic in Fort Lupton. Mr. Sagehorn stated the applicants operate a progressive and clean dairy, and try to enhance the operation and product. He stated the previous denial was not based on noncompliance, but rather inadequate documentation regarding the dairy operations. He stated it is in the applicants' best interest to keep the cattle pens dry, with minimal dust and flies for the benefit of the cattle. He further stated this site exceeds most of the other dairy sites he services because manure is promptly removed and composted, pens are dry,and bedding and surfaces are kept clean. He stated the applicants also propose to have a low pen density, which creates less bacteria-causing odors. Niki Rozean, surrounding property owner, stated she has lived in the area since 1987, and she opposes the dairy due to the conflict which will be caused between agricultural and residential uses. She stated the dairy generates an excessive number of flies, and expanding the operation will 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 5 decrease her property value. Ms. Rozean submitted a copy of the July 2001 Appraisal Journal, marked Exhibit V, and stated the applicants have indicated they plan on leaving after eight to ten years when the area is no longer feasible for a dairy operation. She stated the Right to Farm should protect the uses which existed first to eliminate future conflicts. Patrick Berrend, surrounding property owner and member of the Frederick Planning Commission, stated he has lived in the area for ten years and he is concerned with future conflicts caused by nuisance conditions generated by the site. Mr. Berrend stated although this property is no longer within the Firestone Urban Growth Boundary, there are many people in the community opposed to the proposal, and he submitted a petition in opposition, marked Exhibit W. (Switched to Tape #2001-52.) Responding to Chair Geile, Mr. Berrend stated he supports agriculture; however, the proposed operation is more industrial because of the size which requires large trucks and numerous employees. Responding to Commissioner Vaad, Mr. Berrend stated the population for the Tri-Town area was 2,000 to 2,500, but now it averages 12,000 to 15,000 with projections of 20,000 by 2005. Wayne Lockwood, surrounding property owner, stated he owns 20 acres south of the dairy and he operates a dog boarding kennel. Mr. Lockwood stated he often loses business because potential clients think the odors are coming from the kennel, and he expressed concern that dust from the large trucks will harm the dogs. He further stated Use by Right is acceptable; however, an increase of cattle is more of a burden on the neighborhood, and the proposed landscaping will not be adequate to control the odor. Keith Maxey, CSU Cooperative Extension, stated Colorado and Weld County dairy farmers are often recognized for their efficiency. He stated the regulations they must abide by are very restrictive, and the operators must comply or face severe circumstances. Mr. Maxey stated the proposed number is less than other dairies which have been approved by the County and this expansion is necessary for the operator to remain competitive. Tom O'Mally,surrounding property owner,stated he supports the proposal and he lives 1.25 miles from the site, west of Weld County Road 15. Mr. O'Mally stated he feels the odors are minimal, and because the nature of Weld County is agricultural,there are other sites in the surrounding area that also generate odors. Chester Rozean, surrounding property owner,displayed a video of the runoff in May 1999, marked Exhibit X, and he indicated the past record of the dairy is basis for concern. Diana Evans, surrounding property owner, stated many of the letters of opposition are from surrounding property owners that are involved in agricultural operations. She stated all but two of the houses existed prior to construction of the dairy, and she submitted a packet of information, marked Exhibit Y. She stated the surrounding property owners did not oppose the nearby Bearson Dairy because that site has not been a problem; however, this site creates nuisance conditions. She stated most of the neighbors withheld their complaints because they did not want to interfere with a Use by Right; however, the applicant is asking for a special use which requires special approval. She reviewed the information included in her Exhibit Y, and stated samples taken from the 1999 runoff indicated very high amounts of nitrates. Ms. Evans stated the runoff was caused by a minimal storm because the lagoons were not properly maintained and dewatered. Ms. Evans 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR #1356) PAGE 6 submitted various oversized aerial photographs, marked Exhibits J, Z, AA, BB, CC, EE, and FF, and stated the number of cows shown exceeds what is allowed as a Use by Right. She stated, if approved, the new rules and conditions will not improve the situation unless there is strict enforcement, and the applicants have not demonstrated their ability to comply with the existing regulations. She stated, if approved, there should be additional Conditions and Development Standards, as indicated in Exhibit GG,to address some of the neighborhood concerns. Ms. Evans stated she wants to ensure the permitted number of cows is not exceeded, and that the two operations are kept completely separate. She also requested the applicants provide all of their engineering information to the Health Department to show lagoon permeability tests,boring results, etc. Ms. Evans submitted a document from the Colorado Secretary of State, marked Exhibit HH, indicating Busker Dairy, LLC,was dissolved. She stated Mr. Busker is an engineer with High Plains Engineering, Inc., and she submitted a copy of the Articles of Incorporation for High Plains Engineering, Inc., marked Exhibit II. Hans Wimmer,surrounding property owner,stated he agrees there has been a substantial change; however, the reconfiguration will only make the situation worse for more people. Mr. Wimmer stated the existing surrounding land uses have not changed and there are seven residences immediately south of the dairy as shown on Exhibit KK. Mr. Wimmer stated the applicants may be proposing fewer animals; however, they will be in a smaller area. The proposal is more than twice the amount allowed by right, which is already in conflict with the surrounding uses. He stated the applicants are consistently over the allowed limit, and the site will still be surrounded by the growth boundaries of the Towns of Firestone and Frederick, as well as the existing rural residential and small agricultural uses. Mr. Wimmer stated the applicants have demonstrated that they cannot remain in compliance with the allowed numbers,and he submitted photos of the excessive amount of flies, marked Exhibit LL. He further stated approval of this permit will restrict his rights in developing his land because the living conditions are not acceptable, and the 500 trees which he sold to the dairy are deciduous and are not large enough to create an adequate buffer. Chair Geile called a short recess. Upon reconvening, James Gustafson, surrounding property owner, stated he is opposed to the operation and he submitted a map and photos, marked Exhibit MM. Mr. Gustafson stated he lives at and operates the Wimmer Tree Farm, and the dairy odors hinder their working conditions. He stated the blackbirds attracted by the cattle also damage the young trees when they nest. He stated he supports agriculture in Weld County; however, in this case, they will have a negative impact on the existing and future surrounding land uses. He stated the application should be denied because it is not compatible with the inevitable development of this area. John Henderson,attorney, represented 19 surrounding property owners and stated they have been researching the number of cows allowed on this site and he referred to a portion of the Planning Commission minutes. Mr. Henderson stated the dairy records referred to by the applicant's representative, indicate the animal counts often exceed the amount allowed. He reviewed the intake of an average dairy cow and the amount of waste generated by a 2,000-head dairy, and stated the content of the waste is very concentrated. Responding to Chair Geile, Mr. Henderson stated his comments are based on documentation supplied by the CSU Extension Services, and various other website documents. He stated the nature of confined animal operations causes complaints from the surrounding uses based on the amount of waste generated and how it is managed. Mr. Henderson stated there are existing residences, with the likelihood that there will 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 7 be approximately 1,400 new homes adjacent to the Use by Right operation. He stated there is an existing odor problem and the applicant does not have the technology to correct it, so expanding the dairy will only add to the problem. He stated flies adversely effect the neighbors, and if approved, the surrounding property owners would request the applicant be required to have groundwater monitoring wells along the property boundary to ensure the groundwater is protected. He stated the lights also need to be hooded to diffuse lighting the surrounding properties, large equipment should not be allowed to operate after dark, and more extensive landscaping should be required to help buffer the negative impacts. He further stated the expansion should only be allowed to proceed once the applicants have demonstrated they have the ability to control the odor and flies generated by the existing number of cows. He also requested the animals on the Use by Special Review and the Use by Right not be transferred between the two properties or combined. There being no further comments, Chair Geile closed public testimony. Mr. Haren stated the dairy inventory record complies with the submitted photos showing ten percent more animals than what is allowed,which is why the applicants voluntarily applied for a Use by Special Review Permit. He stated, if approved, the permitted amount will resolve that situation, and if denied, the applicants will have to reduce their herd. Mr. Haren stated the applicant does keep accurate records and acknowledges the fact that the numbers fluctuate depending when trucks haul animals in or out. He stated the applicants were unaware the photos were being taken; however, they do confirm the neatness of the pens and dairy facilities. He further stated the video displayed runoff that was offsite water which crossed the facility and flowed through to the other side. He stated if the water does not come in contact with manure or bedding, the dairy is not required to collect it. He further stated that particular storm did cause damage to the borrow ditch, and the applicant assisted one of his neighbors in replacing culverts. Mr. Haren reiterated that the Agricultural Zone District does not provide for rural residential, nor is that a zoning classification. He further stated the Agricultural Zone District provides for agricultural operations without distinguishing between size, intensity, etc. He stated there have been numerous testimonials opposing the operation; however, that should not imply the case should be denied. Mr. Haren stated the applicant has shown compliance with the required sections of the Weld County Code regarding a Use by Special Review for this type of facility. Responding to Commissioner Jerke, Mr. Haren stated Development Standard#21 refers to the hours of operation, and he clarified that milking parlor equipment will need to operate 24 hours per day; however, there could be a distinction regarding heavy truck operations. Commissioner Jerke suggested the word"equipment" be deleted. Responding to Chair Geile, Mr. Haren stated the applicants have agreed to get a larger water tap to provide adequate quantities of water for the cattle. He stated they are willing to shield the perimeter lighting and provide adequate buffering as requested by Ms. Evans, as indicated in Exhibit GG. He further stated the Colorado and Weld County Health Departments test the wells to determine adequacy, and the plans and reports have been done and will be submitted to the Health Department. Mr. Jiricek stated the CAFO Control Regulations do not require test wells unless required by Water Quality Control Commission, and he is not aware of any other dairy that is required to do groundwater monitoring. Mr. Morrison stated there is one provision which would allow the Board to impose the test well requirement; however, he is not aware that it has happened in the past. Mr. Haren stated the applicant does not oppose quality testing, but some seepage is allowed and monitoring wells do not verify exact seepage rate. In response to Commissioner Jerke, Mr. Haren stated the applicants reduced the requested number of animals to a minimum and they plan to operate at capacity. Responding to Chair Geile, Mr. Haren explained Scott and Susan Busker are joint tenants on the deed, and while they were deciding whether to create a Limited 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 8 Liability Company (LLC), their attorney proceeded with the paperwork and they dissolved the LLC once the accountant indicated it would not be beneficial for tax purposes. Ms. Light clarified Development Standard#21 was included in an attempt to mitigate the concern of surrounding property owners regarding loud heavy equipment. She suggested the word"heavy" be inserted at the beginning of the second sentence. Mr. Carroll stated increasing the number of animals does not necessarily meet the amount of traffic will double. He stated there may be one more semi or milk truck per week. In response to Commissioner Jerke regarding the requested conditions included in Exhibit GG, Ms. Light stated items B and C are addressed under Condition of Approval#2.1; however, it sould be clarified that a substantial volume of evergreens will also be required, and that the applicant will address perimeter lighting. Ms. Light stated item A will need to be added as a Condition of Approval prior to recording the plat, item E will be added as a Development Standard, and item F will need to be added as a Condition of Approval. Commissioner Jerke concurred with inserting the word "heavy" regarding equipment operations. Commissioner Jerke moved to approve the request of Scott and Susan Busker for a Site Specific Development Plan and Use by Special Review Permit #1356 for an Agricultural Service Establishment and Livestock Confinement Operation(1,450-head dairy,with two additional mobile homes as accessories to the farm) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion also included amending the Draft Resolution as discussed. The motion was seconded by Commissioner Masden. Commissioner Vaad stated he supports the motion although he voted to deny the previous application. He stated Mr. Haren was right in stating"rural residential"is not a zoning category, nor is it protected under the Agricultural Zone District. He stated there is an equal number of supporting documents from suppliers, business associates, and neighbors who live as close to the dairy as some that are opposed. Commissioner Vaad commented the number of people who signed the petition is minimal compared to the overall population in the area. He stated there is no evidence that the applicant is avoiding the established regulations, although there were extraordinary events that happened at the site in 1999. Commissioner Long commented the operators have been learning and trying to mitigate the problems they encountered in the past. He stated Weld County is an agriculturally-based county and the Board needs to stay focused on that issue. Commissioner Masden commented this proposal will support the agricultural activities in Weld County, and the facility has been evolving through this entire process. He stated they have tried to mitigate the problems encountered in the past, and the photographs show the site to be clean and orderly. Chair Geile commented this site was previously in the Urban Growth Boundary of the Town of Firestone, as well as the Intergovernmental Agreement boundary. He stated he previously voted to deny the application based on the operator's record of performance, but he is now convinced that those issues have been resolved. Chair Geile stated there is a tremendous amount of regulations that have to be followed, the site will be limited to 1,450 head, and the concerns 2001-3291 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER (USR#1356) PAGE 9 expressed by the Town of Firestone have been mitigated although the site is outside the Urban Growth Boundary. Upon a call for the vote, the motion carried unanimously. There being no further discussion, the hearing was completed at 4:40 p.m. This Certification was approved on the 10th day of December 2001. APPROVED: BOARD OF C UNTY COMMISSIONERS WELD COU Y, COLORADO ATTEST: 1ff �`� IE/La 27 �J . J. ile, Ch.it Weld County Clerk to the ;; (- nens 46 l 61, !' j'►_Rr lenn Vaad, Pro m BY: Deputy Clerk to the Boar.'S Willies. Jerke TAPE #2001-50, #2001-51 and #2001-52 ).-)-ca CA vid E. Long n DOCKET #2001-87 &. l/C Robert D. Masden 2001-3291 PL1284 EXHIBIT INVENTORY CONTROL SHEET Case USR#1356 - SCOTT AND SUSAN BUSKER Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 11/20/2001) D. Clerk to the Board Notice of Hearing E. Gilbert and Diana Evans Letter of Opposition (11/26/2001) F. Concerned Citizens of Section 28 Letter of Opposition (11/26/2001) G. Elva Marino Letter of Opposition (11/27/2001) H. Chester and Niki Rozean Letter of Opposition (11/27/2001) Patrick Berrend Letter of Opposition (11/27/2001) J. Planning Staff Aerial Photo of Dairy (Oversized) K. Planning Staff Greeley Tribune Online Editorial (11/30/2001) L. Vranesh and Raisch, LLP Letter of Opposition representing 19 SPO's (11/29/2001) M. Irene Schutt Letter of Opposition (11/27/2001) N. Albert and Violet Betz Letter of Opposition (11/27/2001) O. Dave Mallory Letter of Opposition (11/30/2001) P. Wayne and Mary Lockwood Letter of Opposition (11/30/2001) Q. Dan and Judy Stevens Letter of Opposition (12/04/2001) R. Planning Staff Certificate of Sign Posting S. Applicant Table of Monthly Dairy Amounts T. William Wimmer Five Photographs of Dairy and Living Conditions U. William Wimmer Two Articles on Windbreaks V. Niki Rozean The Appraisal Journal, July 2001 W. Patrick Berrend Petition (9 pages) X. Chester Rozean Video dated May 1, 1999 Y. Diana Evans Documents of Presentation (02/29/1999, 05/12/1999, 08/08/2001, 05/03/1999, 05/25/1999, 01/19/2000, and 06/08/2001) Z. Diana Evans Oversized Aerial Photograph (08/012001) AA. Diana Evans Oversized Aerial Photograph #1 (08/01/2001) BB. Diana Evans Oversized Aerial Photograph #2 (08/01/2001) CC. Diana Evans Oversized Aerial Photograph #1 Enhanced (08/01/2001) DD. Diana Evans Legend for Oversized Photos EE. Diana Evans Oversized Aerial Photograph #2 Enhanced (08/01/2001) FF. Diana Evans Oversized Aerial Photograph (04/22/1998) GG. Diana Evans Requested Conditions HH. Diana Evans Colorado Secretary of State Entity Detail I I. Diana Evans Articles of Incorporation of High Plains Engineering, Inc. JJ. Diana Evans High Plains Record (2 pages) KK. Hans Wimmer Oversized Aerial Photograph (10/14/1997) LL. Hans Wimmer Photos of fly strips MM. James Gustafson Map and Photos of Tree Farm NN. OO. PP. QQ. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF DECEMBER, 2001: DOCKET#2001-86 - Lucerne, Inc., c/o Ralph Anders DOCKET#2001-87 - Scott and Susan Busker/Busker Dairy PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip dukiNJ "LIJOCT SO Pi 1IS 1 U,J, G4Clguc 1,0 Ulf U(WE CO 0121- URANeill r (4IIC(/ aul - -aka VCh Slido S 6tp ec Sr Co/1-9 100 ,7 y/,8ust-A, S-7Or// 7 icg I D? - e-1/41 t- Sal 7Nig si r - rfreoseic// Co Cfl ,/- //KcY ,6-2,1,5" 'S ev c= 6/cff PLC`' CO Ba C, 3/ 7;7/14 CitiN 77z Z 3 (-)c-c /4-. . Lin,n,t- Ch v% Z j kik i O7r,4x I 8d>00 &9cJ&i&` / g 7 LLp-ftx £'C Co3 / ,..ie4v,N L.oc ww 931.1s La_cz iQ `�-V .( 2c, Koc, 1 Ai/9> / ed 6 V 5c f„,/1.9,,,, 5/ %2 co d z cy - f>iatia, f KO 11 s 77,57 ipitik /7 Ft-G j ') 7 o gC)6-V/ M5 ;rzMak6�. 7l a c ( 7 Fr bL9Prawj cc V°&a ?/ t(v l,V\A \\ ev - 7.543 'v/ � i2 /b /'i , 1,1c--, Cp Pd 6- 1 2 O -, a LIA114 /t pm wed( 11©?4- Wct l Fr 6) / -^J c erpt* c%-5a/P7 F s1hls Y9 •' 2 c',--cg ( 5 FR- /9/922Af co . 5/,‘ z I Io.,n U rmr.\1 s Y/ 14 es.c)A-nc,c r L; F. C7(2_S' 'C i . C O ? cRc stole 6i ert`f cI 7a CoavYjfed f- 7. L ,“7`o 7 Co �i * eyttr ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF DECEMBER, 2001: DOCKET#2001-86 - Lucerne, Inc., c/o Ralph Anders DOCKET#2001-87 - Scott and Susan Busker/Busker Dairy PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip C/ee3 le s /ro - ca, FCC-70 t-✓c/. f-- /,sj C/ `� � <R / �C � otvv �� ; 11Q'tlae til k Fr7r a e C� -ys-H Y'LJz r4di 1 -t e� 3Z(, CAA rize_ckti is SIZI SLC ` "go Kr 2 75J > c.n.j cvk ( ; /-c-,c7 _ cc doc 2 / SUS an busker -150-3 /,OOP /q LA./51O7), Cr aact91 /1 Hello