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3309 Empire Street • Evans, Colorado 80620 • Phone (970) 330-1870 • FAX (970) 330-1872
July 9, 2001
Weld County Commissioners
915 10th Street
Greeley, CO 80631
RE: Busker Dairy
To Whom It May Concern:
This letter is written in support of Busker Dairy's application for a Special Use Permit.
We have worked with Scott Busker using his expertise to engineer other dairies and know
him to be a progressive, well-informed dairyman. He recognizes the need for good
management practices including environmental considerations.
As you are probably aware, the economics of the dairy industry are causing dairymen to
grow their operations to remain economically viable. As a relatively young dairyman,
Scott is addressing the needs to sustain his dairy in the long-term. He is very aware this
includes the need to manage both the impact on his internal operation as well as the
external impact on his neighbors.
We would recommend approval of their request for a Special Use Permit.
Sincerely, k, ,,--^^ nn
J hn Adams
esident
p1 - 133'i
4 EXHIBIT
i3
MEMORANDUM
� TO: Weld County Board of Commissioners July 31, 2001
WIiDc
FROM: Esther Gesick, Deputy Clerk to the Boa COLORADO SUBJECT: Continuance of Substantial Change Hearing, SCH #19 re:
Scott and Susan Busker/Busker Dairy
On August 15, 2001, the Board will hold a Substantial Change Hearing to consider whether or
not there has been a substantial change in the facts and circumstances regarding the
application for a Site Specific Development Plan and Use by Special Review Permit#1202 for a
3,500-head dairy in the A (Agricultural)Zone District. However, both Commissioners Masden
and Jerke will be absent attending a Western Slope Water Tour, and the applicant's agent has
indicated they would like to continue the hearing to a date when the full Board will be present.
Thomas Haren is representing Busker Dairy and has asked whether the Board would be willing
to continue the matter to Monday, August 20, 2001, at 10:00 a.m. There is a Show Cause
Hearing already scheduled for Beverly Hobday on that date, and the Board will need to adjourn
the meeting no later than 12:45 to allow the Courts use of the meeting room. Wednesday,
August 22, 2001, is being reserved to hear the application of Platte Sand and Gravel for Special
Review Permit#1306, which is anticipated to be a lengthy hearing, and Mr. Haren indicated
waiting until Wednesday, August 29, 2001, would be too long.
Would the Board be willing to continue the Substantial Change Hearing to Monday, August 20,
2001, at 10:00 a.m., following the Hobday hearing?
YES ' NO COMMENTS?
Geile 2 V/
Jerke
Long J
Masden N
Vaad r/
4 EXHIBIT
-
August 2, 2001 Page lof 3
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Attn: Monica Daniels-Mika, Director
Dear Ms. Mika,
We, the undersigned property owners residing in the immediate
vicinity of the Scott Busker Dairy on 7678 WCR 17, Fort Lupton,
Co. 80621, are giving formal complaint against his dairy for not
complying with Weld County regulations regarding 4 head of cattle
per acre. We request that a physical verification be made of the
number of head on his dairy both by head count and record
verification. He has been misrepresenting his number of head of
cattle for the 7 years he has been operating and no one in the
county wants to hold him accountable. We feel it is time the issue
be properly addressed and verified. We also request representation
of our group be allowed to accompany the Weld County agency
doing the verification. Why have per acre limits if they are not
enforceable?
We would like written clarification of"contiguous " land. There
seems to be discrepancy in the determination of contiguous within
different cases before the county.
We would also like your determination of the effect of the
"Webster" law on the Intergovernmental Agreements entered into
by Weld County and various municipalities prior to the effective
date of the state's repeal of the 1-mile jurisdiction of towns
regarding dairy or feed-lots matters. Does the repeal of the state
law cancel those contractual agreements? 4 EXHIBIT
We request your prompt reply to these questions. (I
-z
3c-I4 #►9
Page 2 of 3
Respectfully, -
David Rozean - Niki Rozean 8600 WCR 18
303-833-5224 Ft. Lupton, Co. 80621
Eivw Marina
Gilbert Evans - iana vans 7987 WCR 19
303-833-4720 Ft. Lupton, Co. 80621
William immer - Han Wimmer 7124 WCR 17
303-833-5880 Ft. Lupton, Co. 80621
at a'.ey-
Albert W. Betz - I tA. Betz 8179 WCR 16
303-833-5120 Ft. Lupton, Co. 80621
Wayne Lockwood - Mary Loo rod e X273 4,ea
303-833-4846 Ft. Lupton, Co. 80621
Ana-
David E. Mallory 7543 WCR 16
303-833-3' 34 Ft. Lupton, Co. 80621
Wita/1
Michael Gunesch 8445 WCR 16
303-8334670 Ft. Lupton, Co. 80621
CY/ -ems fi act.
Irene Schutt 7707 WCR 19
303-833-2208 Ft_ t,unton_ en. 80621
Page 3 of 3
G�GT` i 5�S `J
Daniel eMaster Ju t S - ens 7772 WCR 16
303-833-- r i Ft. Lupton, Co. 80621
'Bud W. Hunziker - Joyce Hunziker 7037 WCR 19
303-833-2228 Ft. Lupton,Co. 80621
John Black - Susan Black 8076 WCR 18
303-8 -0442 Ft. Lupton, Co. 80621
Lawrence Richmeier - Kimberly Rich"'4_irr 8511 WC'.
303-833-3111 Ft. Lupton, Co.80621
cc: Lee Morrison, Weld County Attorney
M.J. Geile, Chair, Weld County Board of Commissioners
CASE NO. C
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REQUEST ;M w .. •
A PUBLIC HEARING CONCERNING
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HEARING CERTIFICATION
DOCKET NO. 99-06
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1202 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT(DAIRY) FOR 3.500 ilEAD
OF CATTLE IN THE A (AGRICULTURAL) ZONE DISTRICT - SCOTT BUSKER
A pudic hearing was conducted on February 3. 1999. at 10:00 a.m.. with the following 2re.tent:
Commissioner Dale K. Hall. Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Cede
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board. Card Harding
Assistant County Attorney. Lee Morrison
Planning Department representative. Julie Chester
Health Department representative. Trevor Jiricek
Public Works representative. Con Carroll
The following business was transacted:
f hereby certify that pursuant to a notice dated Januar/20. 1999. and duly published January 23.
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Scott
Busker for an Agricultural Service Establishment (dairy) for 3.500 head of cattle in the
A (Agricuitural) Zone District. Lee Morrison, Assistant County Attorney. made this a msuer of
record. Julie Chester. Department of Planning Services representative, presented a onef;wrxrary
of the proposal and stated the site is located one-half mile from the Tcwn of Firestone and is
partially included within Firestone's Urban Growth Boundary Area. Ms. Chester explained the
Planning Commission's motion to favorably recommend said Permit did not pass and •was.
therefore, deemed denied. She further stated as a Use by Rignt the applicant currently operates
a dair/ at the site without guidelines;however, approval of the Permit would, through Conditions
•
of Approval and Development Standards,require dust control and abatement,ly control,and waste
•
• water handling plans. Ms. Chester stated proposed Conditions of Approval and Development
Standards also mitigate any conflicts with the urban area, as discussed in Section 4.3.h.ii of the
Intergovernmental Agreement with Firestone. She then showed a video of the site, marked
'Exhibit P.
Responding to questions from Commissioner Baxter,Ms.Chester explained the original application
was for 4,500 head of cattle; however, upon request of the Planning Commission. the applicant
changed the number to 3,500. Responding to Commissioner Geile, Ms. Chester stated this is a
Non-Conforming Use by Right which has been operating for the past four and one-half years.
Responding to Commissioners Kirkmeyer and Geile, Ms. Chester explainec :he permit is for 125
acres only, which would allow 500 animals by right; therefore only the 125 aces would have :c
comply with Conditions of Approval and Development Standards. The other 80 acres will not be
g EXHIBIT 990150
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HEARING CERTIFICATION -SCOTT BUSKER (USR #1202)
PAGE 2
considered as part of the permit, even though as a Use by Right, the contiguous acres could be
used to determine the number of animal units. Ms.Chester also clarified there are seven existing
residential trailers, as well as one used as an office. This Permit would increase the number of
. trailers to fifteen, or eight additional traders. Responding to Commissioner Baxter. Ms. Chester
stated this did not start as a violation, the applicant came in and discussed possibilities with staff
and decided to apply for the Permit. She also stated conversations with Batas Oil Company
regarding Conditions of Approval and Development Standards indicated no conflicts or concerns.
Responding to Commissioner Geae, Trevor Jiricek, Health Department, explained the dust
abatement fly, odor, and waste water and manure handing plans have been received; hcwever,
normal procedure is that the plans are reviewed and approved by the Health Department after the
hearing but priorto recording the plat Responding to Commissioner Vaad,Ms.Chester explained
the concerns addressed by Bruce Nickerson, Planner for the Town of Firestone, in his letter of
November 16, 1998 (Planning Commission Exhibit 38) were addressed with the addition of
Development Standard#7 requiting compliance with all Uniform Baseline Standards described in
Ordinance#201,which is also referred to as the Intergovernmental Agreement with Firestone. She
stated it appears Firestone's main concerns deal with landscaping, screening, and lighting. Mr.
Jiricek indicated for Commissioner Baxter that two complaints were received by the Health
Department prior to the Planning Commission Hearing;the first on December 12, 1997,concerning
manure being hauled onto the site for composting, which the applicant ceased to haul after
notification, and the second on October 26, 1998, concerning excess flies, which were not
observed during an on-site visit by staff the following day. Mr.Jiricek reiterated no complaints were
received regarding overflowing lagoons and wastewater running down ditches. Responding to
Commissioner Baxter, Mr. Jiricek stated the Use by Special Review Permit would require
compliance with CAFO regulations.
Scott Busker, applicant stated his request is for 3,500 head, of which 1,800 are mature milking
cows, 450 are dry cows, and the remainder are dry stock He stated the dairy is currently milking
700 cows however,he feels the expansion is necessary for the current and future financial viability
of his dairy. lie stated he moved to this site in 1994 and is surrounded by agricultural uses;he has
planted 100 mature trees and shrubs,along with other improvements he has made to the property;
he feels he is a good neighbor, his herd health is excellent; and a quality bonus was received on
his product. Mr. Busker indicated his composting business is an asset to him since it helps deal
with the waste material
•
Tom Haven, Enviro Stock, Inc., represented the applicant and stated 3,500 is the number being
considered today. He presented Animal Unit Density and Animal Feeding Operation Comparison
• Tables, Marked Exhibits Q and R. Mr. Haien also presented amap, marked Exhibit N,which is
an updated version of the one used in the Planning Commission Hearing,and indicated the location
of the site in conjunction to Firestone and its Urban Growth Boundary which cuts Mr. Busker's
property in half. To meet the concerns of Batas Oil Company, Mr. Haven stated the composting
was moved more to the north where there is vacant land and it would not impede oil well access:
however,the applicant vat have to move some utility lines out of the way. Mr. Hamm reviewed the
CAFO regulations, requirements. and penalties,for surface and ground water protection. He also
indicated the lagoon is designed for a capacity of 44 acre feet in order to maximize evaporation,
handle a major storm event causing four inches of rainfall creating 17 acre feet of runoff. Mr.
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HEARING CERTIFICATION - SCOTT BUSKER (USR#1202)
PAGE 3
Haren also discussed nuisance controls, stated the plans are included in the application, and
indicated Mr. Busker has already spent nearly $10,000 for fly control and extermination.
Responding to Chair Hall, Mr. Haren explained, using Exhibit N, that pens 10, 11, and 12 are
existing while pens 1 through 3, and 13 through 24 are proposed;although currently nine pons are
in use. Mr.Harem responded to Chair Hail that the eight trailers shown near the concrete imgation
ditch are proposed and discussed the benefits of trailers being used as accessory to the farm units,
rather than permanent structures.
•
Responding to Commissioner IQrkmeyer, Mr. Haren stated the topmost pond is proposed and
contains 1854 acre feet. He further stated the other ponds are existing and he has suggested
modifications to Mr. Busker, such as cleaning, changing flows, etc. He explained if ponds were
existing prior to 1992, on-site proof of p ing does not have to be provided; however,if the State has
an issue or question, they can request proof. Also in response to Commissioner Kirktneyer, Mr.
Haren stated Mr.Busker stopped bringing material in to.use for composting after the one violation.
He now understands he needs to get a Certificate of Designation if he wishes to do so. Mr.
Morrison clarified for Commissioner Kirloneyer that in the past we have not treated the processing
of manure generated on-site as a commercial operation, it has teen treated as part of the use by
right in an agricultural operation. Responding to Commissioner Kirkmeyer, Mr. Haren explained
the composting operation is regulated only as to its affect on the ground water or runoff.
. Mr. Harm answered Commissioner Kirkmeyer's concerns about whether the 80 acres should be
included in the permitted area, since the request is for only 125 acres; however, he said he
. arnendy has 800* total animal units on the 125 acres as a Use by Right Responding to
Commissioner Kirkmeyer regarding concerns of surrounding property owners regarding flies,odor
problems, truck hauling and traffic, and trash by the daisy, Mr. Harm discussed the urban/rural
conflicts that arise in similar mixed use neighborhoods. He also indicated, using Exhibit S. the
. number of Recorded Exemptions, Subdivision Exemptions. other Use by Special Reviews, and
Accessory to Farms within a one-mde radius of the daisy. Mr..Haren stated others in the area have
maximized the use of their properties, and Mr. Busker is only trying to do the same;he also stated
the two houses directly south of the dairy sold for$320.000 last year, therefore, property values
are going up, not down. Responding to Commissioner Kirkrneyer. Mr.Haren stated Mr. Busker's
awareness has been increased through the process of applying for this Permit therefore, his past
performance will not continue into the future.
. Responding to Commissioner Vaad, Mr. Haren stated no material, including carbon sources, can
be brought onto the property without obtaining a Certificate of Designation. Mr. Jiricek clarified
there are new composting regulations which exempts composting operations incidental to a dairy •
• or feedlot,as well many carbon sources which are not a concern regarding nuisances;therefore,
staffs Interpretation is not to require a Certificate of Designation unless manure is being brought
. onto the site. In response to Commissioner Gelle, Mr. Haren Indicated the pen management is
more Intensive than a feedlot dairies harrow pens to a degree that wit heep the cows comfortable,
• sometimes every day: pens are totally cleaned and dug out and hauled into the composting area
two or three times per year, the piles it the composting are are then,with special machines, put
into windrows. Responding to Commissioner Gene regarding the 15:1 threshold rut:for odor,Mr.
Jiricek stated the State exempts daeiss: however,the County does not,and it is measured by our
staff and enforced by the Board of County Commissioners in case of a violation.
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HEARING CERTIFICATION - SCOTT BUSKER (USR*1202)
PAGE 4
•
Responding to Commissioner Baxter regarding spillage from the property in the past. Mr. Haren
stated the existing ponds are five years old and need maintenance; however, there is a natural
contour to the slope, and Mr. Busker is only required to manage runoff which comes into contact
with manure, not anything that is up gradient in response to Chair Hail, Mr. Haren stated the
existing trailers each have an individual sewage system. Mr. Jiricek stated the permits have to be
obtained from the Health Department prior to recording the plat At that time staff will determine
whether the number of units and density is acceptable to the Health Department.
In response to Chair Hail, Mr. Haven explained Weld County Road 17 is the main entrance for
. trucks, equipment, and employees; however, a few exit on Weld County Road 18 but no traffic
counts have been accomplished by the applicant Traffic then travels on Road 17 to Highway 52.
Don Carroll, Department of Public Works,stated two counts were done which show an average of
48 vehicles per hour. in response to questions from Chair Hall, Mr. Carroll further explained the
total for the 24-hour count was 93 and the 48-hour count was 186. He stated the County normally
uses 200 as a guide to require paving, dust control, etc.
(Recess until 1:30 p.m.)
Upon reconvening, Commissioner IGrloneyer clarified with Mr. Haren that the applicant is
requesting approval for 3,500 head; although no decrease can be made in employee housing
needs. In response to questions from Commissioner Krknreyer, Mr. Haven stated the ratio
commonly used between employees and animals is 1:1,000 for feedlots, 1:100 for dairies. He
reiterated the eight additional units include future needs. He also stated the applicant can use
individual leech fields or a shared leech field, depending upon requirements of the Health
Department. Mr.Jiricek stated the correct number would be easier to determine when processing
the permits. Mr.Hain concluded his presentation with an invitation for the Commissioners to visit
the site.
W9 Vlfsnmer represented his brother, Hans Wimmer, although both are surrounding property
owners. He said his brother and he moved to this area from Wisconsin in the Irate 1900's to attend
Colorado State University. They purchased the adjacent property on January 17, 1998,to operate
a landscape/irrigation business and received their first notice regarding this day wi die they wets
moving. Mr. Wimmer stated.their main concerns arc with the trees and shrubs they arc in the
process of growing, since dust and insects would definitely impact growth of his trees and plants.
• He stated the property is worth well over$7,000 per acre and is in high demand. lie feels the
applicant's property is adequate to handle the number of animal units allowed as a Use by Right
however, he is against the expansion. Mr.Winner showed a video, marked Exhibit U, he filmed
of the dairy from his property, and stated his property tine is one-eighth mils from the dairy.
• Dale Tanaka spoke kt favor of the applicant'and the dairy industry. He reminded the Board
members that Weld County is ranked list in the State In reit produ ctiot t,21•In the nation and that
Colorado ranks 4"in the nation; indicating the number of dairies in this area.
•
Dave Mallory, surrounding property owner, presented a map, marked Exhibit W, which is a copy
of the map shown on the display,and shows 16 houses in the area. He expressed concerns about
potential negative impacts on those 16 families,namely nuisance factors, and stated the Increase
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HEARING CERTIFICATION -SCOTT BUSKER (USR#1202)
PAGE 5
in Health Department resources, manpower, and budget ends up coming from the taxpayer's
pocket. Mr. MaRory stated the expansion will limit what he can do with his property, which is
currently prime development property. He discussed the urban/rural conflict and stated the
increased nuisance factors of the dairy will limit his possibilities and indicated he has no faith in
controls over the expanded dairy. Responding to Chair Hall, Mr.Mallory stated he has lived an that
property for 13 years.
Diana Evans, surrounding property owner, presented a letter, marked Exhibit T, and a display of
two maps,dated October 14, 1997,and April 22, 1998,marked Exhibit V. Using exhibits X,Y, and
4 she pointed out the changes that were made on the property during the six-month period
between October of 1997 and April of 1998. She also questioned whether the applicant is out of
compliance with the Accessory to the Farm by not living in the principal dwelling on the dab y. Cl sir
Had stated questions may be raised; however, the applicant will be given time to answer the
questions in his rebuttal. She stated the expansion will cause problems of an increase in manure
to be handled; additional trailers with leech fields and septic systems; the increased traffic; t e
applicant no longer living on the 125 acres; the topography of the land which does riot slope;the
water has run into barrow pits; and the lagoons and bars. She stated tic-irons curl eney oat
the property were not there when CAFO went into effect,they were not engineered under CM O
regulations, and.the site is on the State lo inspect'and complaint Est. Ms. Evans rafter ed that
• 13 of the 16 homes were there prior to the existence of the dairy. Responding to questions from
Commissioners Gelb and IGrkmeyer, Ms. Evans stated the six existing legcwns arc riot lined or
engineered. She also stated she thought when she wrote the letter it would be adequetc to have
• the manure management, odor control, dust abatement, and other nuisance control plans to be
returned to the Board of County Commissioners for approval;however,she now feels since he has
not been able to follow the rules in the past there is no reason to let him expand.
Ray Sagehom, applicant's veterinarian, discussed the health of Mr. Busker's herd, his excellent
corral management, and the dry corrals which result in a wel4tnenarred dairy over fl. He offered
his support for this expansion. Responding to Commissioner Baxter, Mr.Sagc:horn stated he has
. not seen any runoff problems and stated eat this was a ,very fed year for fIts: however, Mr.
Busker did not seem to have any problem with them.
Ms. Chester stated there is currently one Planning Permit for a Principal Dwelling for a Mobile
Home and there are eight Accessories to the Farm Permitted on the 125 acres_ One Principe!
Dwelling is a Use Allowed by Right in the Agricultural 7one District however,the operator does not
have to live in it. All the mobile homes on the property do have the proper Zoning and residing
Permits at this tine.
•
Bruce Nickerson, Planner for the Town of Firestone, stated the Town is regretfully against this
• proposal. He presented the Firestone Land Use Map and the Comprehensive Plan Map dated
August 14, 1997, marked Exhibit AA and BB, consecutively. He Indicated the town limits of
Firestone, which are within one-half mile of the expansion site, as well as.the Urban Growth
Boundary Area Mr. Nickerson indicated, on the Comprehensive Plan Map, the 2,000 re°.:eider nisi
units which are currently approved advent to the expansion. Mr.Nickerson stated the Agricufturr.!
Uses were not anticipated, therefore, they were not included in the Uniform baseline: Stsndee.k.
He reiterated the conflict and litigation issues will have to be resolved as they own-. Ile stated the
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•
•
HEARING CERTIFICATION -SCOTT BUSKER (USR#1202)
PAGE 6
Town does support Mr. Busker operating at its current size; however, not the expansion.
Responding to Commissioner Gelle, Mr. Nickerson said if the top of the application area was
outside the Urban Growth Boundary Area he would probably not be here today; however, the
intensity of the area is a natural conflict with this type of expansion. Mr. Nickerson agreed with
Commissioner Kirkmeyer that the boundary line was not an arbitrary fine, it was placed where
Firestone could provide services, particularly water and sewer. Mr. Ntckefs-xr altio agre...J with
Commissioner Klrkmeyerthat the intent of the Intergovernmental Agreement was not to givE:exit a-
tetritorial jurisdiction to any of the municipalities. Commissioner Kirkrneyer also pointed out UK:
Commissioners did not see expansion of agricultural uses as new development however, Mr.
• Nickerson stated the Town would Ike to see the Board of Commissioners use discretion and riot
promote expansion within the Urban Growth Boundary.
Sam Light Attorney ey for Firestone,thanked the applicant for attending the Town Meeting and giving
them further information on this project. He reitereated the Town is not opposed to the existing
facility or the Use by Right numbers, which total 880 animals for 740eves; howr:t.r, it Jul:, a
fourfold increase is excessive. Mr. Light stated the burden is on the applicant to show tic meets
a the standards and regulations which he has not done; the future d t;opanen; of z:Ck.,::::rj
municipalities will cause cones and the approved intergovernmental Aga-ernrni gives the f:oard
of Commissioners discretionary approval for dcvckiprneni within the Urban Crown, tsou..i.b;y
. Areas. Mr. light stated the neighborhood is not cornp*dlate. He asked whether the Conctitier is of
Approval require cornplance with State regulations on wider quality and it arc Standards e rr only
with Ordinance#201 as to buffering, landscaping, and lighting. When asked by Convn.ioncar
llrkmeyer whether suitable mitigation measures have been taken or If there are suggestion;:for
other Conditions of Approval or Development Standards, Mr. I ight stated the GOIArdir4rs of
Approval are helpful; however,with the hose proximity to towns, conflict is inevitable.
Lanelle Mee, Firestone Trustee, stated she has been there ten years and discussed the demand
on property in the past few years. When Mr. Busker bought his propctty four and o:o-tsir
ago,he knew the population in the area was greatly increasing. The Town is only trying to promrde
orderly growth.
(10-minute recess taken.)
Upon reconvening, Virginia Shaw, representing Saint Vrain Concerned Citizens, indicated the
Urban Growth Boundaries in this area, when totaled up without overlaps, canes to 100 sa r.=
miles. She stated her group was concerned about keeping agricultural uses within those areas.
Ms. Shaw spoke in favor of the application as long r x.ti rc rnvironnx:ntyt Sic.rizn ik:vi t;e:.rfo:x._
• She indicated denying the expansion will set a precedent for the future and for oilier municipalities
• to follow.
John Rout, Colorado Dairy Farmers, stated the Busker Dairy has a Grade A Permit the State.
Health Department will inspect the facility twice a year, the EPA will begin lnapecliorre on CA1O
faclides handing over 1,000 animal units; therefore, the applicant will either meet State and
Federal regulations or be out of business.
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HEARING CERTIFICATION -SCOTT BUSKER (USR S1202) •
PAGE 7
•
Kate Cary,adjacent property owner, stated they were very good friends with the Buskers until this
issue came up because they were on opposite sides of the fence. She stated Mrs. Busker
admitted they could do more to mitigate nuisances, although the have been impacting the
neighbors. She said the dairy should have to meet the Best Management Practices required by
Section 47 of thflVeld County Zoning Ordinance. Responding to Commissioner Baxter.Ms.Cary
stated they have rived at their current location for six years.
Joe Heaton, surrounding property owner, described an incident in September when he was out of -
town for one week, the flies were so bad on the door they had to spray them before they could
even enter the house. He stated the kids can't play in the yard because of the flies,they live east
of the dairy, and have been there for eleven and one-half years.
Glen Brent Coen, Attorney representing Irene Schutt and Eugene and Elroy Moreno, stated his
dents have already lost enjoyment of their property; they are fearful of health hazards; and the
facility has not been operated with concern for the neighbors. He disv ms•rd the ripritietinn being
incomplete, and reviewed a summary of the Weld County Comprehensive flan, nw:rked
Exhibit DC. He said he would prefer the Board to have final appioti -! oar:! es
nuisance abatement, as was done with the Hirsch dairy, and indicated the t onlirront Soil I)i:Ar ic4
concerns do not seem to have been met. Mr. Coen also disarsseci the pi
combining the two parcels into one to figure animal units when they have a concrete ditch, which
is deeded,dividing the property into two parcels. Ile slated County rights-of-way ea K!roads sv vcxS
the continuity therefore the applicant is currently exceeding the number of animal units on 12;
acres. After further discussion of these issues,Mr.Coen asked the Board to limit the dairy to 1,000
head
Brett Cary,surrounding property owner, stated he agrees with those speaking in opposition at this
hearing and is also opposed to it. There being no one else wishing to speak,public testimony was
dosed.
Mr.listen presented a lefterfrom BM Wades,CSU Extension Dairy Specialist,wile could not return
after lunch to testify. Mr. Haven reviewed the comments written by Mr. Walks and discussed the
differences between the type of cows within the dairy in intake and westr. }melt ion. lie felt Ile:
:
foam should be on those differences, and stated he believed U w plans presented will wurk
extremely well regarding stocking rates and waste nlanagment.
Responding to Commissioner Vaad, Mr.Haven stated he surveyed the six existing lagoons, and
he does not have verfficidion of lining in those lagoons;hroetcvca,tier/W.ei C i±l'C.j.n_a;try M1.r..'$.;-r
• in conjunction with someone from the Extension Office,end by State law they have to be verified
' upon request of the State. If substandsu t, they we have to ha reduce: I:t.sfeeldeg t''
Commissioner Baxter,Mr.JIrioek stated you hove to meet CAf ri regulations,as a dab y,when you
reach 714 maim;cows,but you also have to take into take Into account Elie dr y wr.Vs,hcik.:r a:, ar KI
young calves also on the dairy. Mr.kiosk eluted that, assuming Mr. /baker is incompliance with
the numbers of animal units per acre, once he crosses the 1,000 head battier, he siwuki have
evidence that his lagoons are lined. The Stake regukei n it uetf-lmt>tcrr wr dk ry,width rra::.ns Racy
do not have to go apply for a permit,somebody from the Stale,does riot coma out to look at pond,
It is Mr.Busker's responsibility to comply with that reguiatIon. In the event of a complaint,someone
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HEARING CERTIFICATION - SCOTT BUSKER (USR#1202)
PAGE 8
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from either the County Health Department or the State Health Department would go out and ask
for evidence that the ponds are lined and for a copy of the Manure and Waste Water Handling
Plan. Commissioner Baxter clarified with Mr. Jiricek if the USR were to pass, Mr. Busker would
have to provide evidence that all the existing ponds meet the criteria round ire C:ArO. r::>v:;
new proposed ones. Commissioner Kirkmeyer reiterated that if the USR dies not pass, Mr. i::.is�cr
will still be under the CAFO regulations and, upon complaint, would have to provide evidence of
compliance.
In response to Commissioner Gene, Mr. Hareri stated Mr. Busker has had problems in the past
when he was not focusing on business. Now that he is more aware of the various areas of
compliance he will improve,and Mr.Hares stated Mr. Busker has gnod mere gemcnt r i,J+- to run
a good dairy. Responding to Commissioners Baxter and Vacd, Mr. Busker expk ier:ii the
composting process, stating it Is a 60-day Facrax.. Pk. lrrr:u:c`_ hi. i ,;.• d:_;: c's
outside company to windrow on a continual basis. Responding to Chair Flag, Mt. Rucker el,:'c?:l his
domestic water is from two permdiod wells and ail eight-inch main rums down Weld County Road
17 which can service if necesary.
Mr.Busker responded to Commissioner Kirkmeyer that he was not fully aware of the State. CAFO,
and County regulations until he started through this process. He said it t tl e:pact six n rant h,.I .:her.
.
acquired a better understanding of what regulative:need to tie met. I lc alcc. rr.rnru«(Y: Cis? he
was aware Firestone was one mile away; however,the Town limits have tJ raged s:nc ;i k: nec'vc'd
in. Responding to further questions from Comrnissinnor i irtcr:K:ycr,Mr. Pic k::c!.-:•:^t'.t:.C:!�:(::r:.r;_
are lined by clay compaction,although they are not c;igineer-cxrtifrcni; hc:believe::ht:cat t:,rcx:t all
the Conditions of Approval and Development Standards; and irxticatcd Ix: choc o this p:opc4 y
because it was zoned for agriculture.
After further discussion, Commissioner Kirkmeyer moved to deny the request of Scott Busker for
a Site Specific Development Plan and Special Review Permit N1202 for an Agricadtura ;;r_rvie:a
Establishment(dairy)for 3,500 head of cattle, based on too fact.that the gq'ljrare(has nog met the
burden of proof, nor has he demonstrated that he has met Sections 2.#1.4. .3, 24.4.2..4, 2.4.4.2.7;
It is questionable whether the applicant can ever be in cOtSpab rrx'with itr [c'nc9t is rr5 a!A;'^;nuv:441
and Development Standards,especially since he is not arrrutUy the comp lk.tea•with CA»O or Stair:
regulations: there is no guarantee the ?fj4Cdnt rya: CYtet
Standards that we being recommended;and she voted against U e the Mobile i lacier I trt nits width
came before the Board in 1tt9w for ties dairy tK:e:c:tr„at at.that time. c i r c;:ti tr ;hr.; •.,,'
compatible with the surrounding area, they were not in harmony with Utu naighhortto.xi, arid ;hr•
did feel they would adversely affect the Yrsrrudiate villa. Ilse reetiv:r Yeas Se:4)iuLr:J 1.1
Commissioner Gefle,who stated ho questions whether the dairy is in un ro nily in cornpticnu:kind
• whether heooudd comply with any mororegulations. (Clue rgedto'tape Vaii-Ob.) Coweras.:wner
• lQraneyer added that with this type of ruasieurban conflict it Is up the Pa.:ucl of Cite :
Commissioners to be certain the applicant min meet eV the. Conditions. of Approval and
Development Standards before approving this typo of applicrtiun. C::. ,r,il.ar' :, r fF.,xter::'
agrees with Commissioner lGrlaneyer,and the others have been Ii'U ds lu stun much a tut tgc:: U tar,
the dairy, therefore hew81reluctently vote todeny. Corrtmih..krrrae 'da.,dc•;r:,u it.,;(dam 'iii:_: :..,.
vote against the motion and said he lives near another area shriller to this one:which be tkx:s nil
fight since it was there first:he does notware to limit the•incamecapacity for the dairy with a denial;
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HEARING CERTIFICATION- SCOTT BUSKER (USR#1202)
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and he feels the person moving into the country has to be aware of the conflicts. Chair Hall atated
this application is in conflict with the Comprehensive Plan and is trying to minute the land
it. He feels the County should assist the municipalities maintain each Urban Growth P.c'u"th.fy
when possible. On a call for the vote, it carried four to one, with Conrrtisriwwr Vara/oppc,.ucd.
This Certification was approved on the 8th day of February, 1999:
i APPROVED:
ATTEST: ' / BOARD OF COUN1 Y COMMISSION{. KS
` UNTY. CO .
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Weld County Clerk to '^�' �� _f _
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TAPE#99-03, #99-04,
DOCKET#99-08
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SUBSTANTIAL CHANGE
Neither an applicant nor a successor in interest may submit any type of
land use application within a 5 year period (10 years in the case of multiple
recorded exemption applications) following denial of a previous application
involving the same property, unless the Board of County Commissioners
has found, based on the applicant's rehearing petition, the Planning
Commission's recommendation, oral testimony at the public hearings,
written related information, and any other relevant material in making its
decision until at least ONE of the following criteria has been satisfied.
A EXHIBIT
4(R
1. Has the land-use application substantially changed? (e.g.,
substantial changes in lot size or density, in internal or external
roads, or, in the case of a rezoning, in the uses proposed?)
• The proposal has been reduced ft-01714,500 head of dairy cattle on 130 acres in
the original application to 1,450 head of dairy cattle on 80 acres;
a reduction of 68%
• Reduced from negotiated 3,500 head on 130 acres to 1,450 head on 80 acres;
a reduction of 59%
• Cattle density reduced from 35 animals/acre to 18 animals/acre;
a reduction of 49%
• The number of stock pens reduced from 17 to 8; a reduction of 53%
• Employee housing reduced from 8 to 2; a reduction of 75%
• Original application equaled 130 acres; proposed is 80 acres;
Lot size has been reduced 38%
• Proposal includes 35 different acres not included in original application and
excludes 85 of the 130 acres used in the original application. Only 45 acres is
common between the applications. A significant portion of the proposal does
not involve the same property as the original application.
• The plan has substantially changed
• The new proposal meets Criteria #1
2. Have the surrounding land-uses substantially changed? (e.g.,
has the adjacent land use changed during the period of time
since the last application such that what would be compatible
with the adjacent use?)
• The surrounding land uses have changed with the amendment to Weld County
Recorded Exemption #2098 completed in April of 2001 and the reconfiguration of
the proposed Use-by-Special review request.
• The proposed dairy USR is no longer within the City of Firestone/Frederick/
Dacono IGA area
• The new proposal meets Criteria #2
3. Have applicable provisions of the law substantially changed. (e.g., the
applicant is proposing using a different procedure so a different set of
criteria applies or the applicable ordinance has been amended by the
Board so the criteria has substantially changed?)
• Colorado Revised Statute Section 25-8-205, C.R.S. 1973, as amended regarding
extra-territorial jurisdiction extending one mile beyond the existing municipal
boundaries for regulation of dairies was repealed after denial of USR 1202.
• The proposed USR is no longer within the Tii-Town IGA allowing Weld County to
apply a different standard.
• New proposal meets Criteria #3
/ •
1
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