HomeMy WebLinkAbout20013276.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: USR-1356
Planner: Lauren Light
Applicant: Scott and Susan Busker
7678 Weld County Road 17
Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or
contract basis, including Livestock Confinement Operations (a dairy of
1,450 head of cattle, with two additional mobile homes as accessory to
the farm) in the Agricultural Zone District.
Legal Description: N2SW4 of Section 28, Township 2 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 17; approximately 1/2 mile
south of Weld County Road 18
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. A.Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agricultural." The U.S.D.A. Soil Conservation Map indicates that the property is "prime".
The land is currently being utilized as a dairy which furthers economic health as well as
continuance of agricultural.
A. Policy 1 states "Agricultural zoning will be established and maintained to protect and
promote the County's agricultural industry." Weld County ranks first in the state for
agricultural products sold and third in the Country. Most of the corn grown in the County is
used for feed at commercial feedlots, farm feedlots and dairies. This proposal will benefit
the farmers who will provide feed and other products to the dairy. The citizens of the
County who consume dairy products will also benefit as the dairy provides a desired
commodity for the community.
Weld County contains approximately 105 dairies with over 42,000 head of cattle which
provides 48% of Colorado's total output. Cattle raising and farming contribute more than
$700 and $200 million respectively to the economy each year. This proposal will promote
the County's agricultural industry. The statistics provided above were obtained from CSU
Cooperative Extension.
1 EXHIBIT
2001-3276
uset1354
Resolution USR-1356
Busker Dairy
Page 2
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.B.16 of the Weld County Code provides for Agricultural
Service Establishments primarily engaged in performing agricultural,animal husbandry,or
horticultural services on a fee or contract basis, including livestock confinement operations
as a Use by Special Review in the A(Agricultural)Zone District. In determining whether the
proposed use is consistent with the intent of the Agricultural Zone District the history of the
applicant's previous land use requests is essential.
The applicant applied for a dairy of 4500 head of cattle on approximately 130 acres in 1999.
The Planning Commission recommended reducing the number of head of cattle to 3500
and the Board of County Commissioners subsequently denied the request for a Special
Review Permit for 3500 head of cattle on February 3r° 1999.
The applicant had previously been approved for a recorded exemption in 1998 which split
the property along the boundary of the Stanley Ditch. An amendment to that recorded
exemption was approved May 21, 2001 which reconfigured the exterior boundaries to
include property to Weld County Road 17 and did not include the 80 acres which is
contained in this Special Review Permit request. The revised configuration resulted in the
applicant owning property to the north of this Special Use Review and the dairy is no longer
located in the Urban Growth Boundary for the Town of Firestone.
A substantial change hearing was conducted by the Board of County Commissioners on
August 20th 2001. It was determined at that hearing that since the applicant was reducing
the number of head of cattle from 3500 hundred on 130 acres to 1450 on 80 acres,and the
80 acres to be utilized for the proposed expansion would be located outside of Firestones
Urban Growth Boundary, that a substantial change in the facts and circumstances were
justified.
The applicant owns a total of 220 acres and would be allowed to have 560 head of cattle
as a use-by-right on the remaining 140 acres that is not included in this request. A total of
2010 head of cattle would be allowed on the entire acreage currently owned by the
applicant if this Special Review Permit is approved. Staff believes the applicants request
for 1450 head of cattle on 80 acres is consistent with the intent of the Agricultural Zone
District which states "Agriculture in the County is considered a valuable resource which
must be protected from adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The
A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production without the
interference of other, incompatible land uses. The A (Agricultural) Zone District is also
intended to provide areas for the conduct of uses by Special Review which have been
determined to be more intense or to have a potentially greater impact than uses Allowed
by Right. The A (Agricultural) Zone District regulations are established to promote the
health, safety and general welfare of the present and future residents of the County."
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The dairy has been in operation for approximately seven years as
a use-by-right. There is another dairy, Bearson Dairy, located within one half mile of this
property. The surrounding land uses consist of rural residences to the north and south,
agricultural uses are located to the east and west.
Resolution USR-1356
Busker Dairy
Page 3
The applicant will be required to adhere to specific Development Standards imposed by the
County as well as Confined Animal Feeding Operation(CAFO)regulations. This will ensure
the facility is operating in compliance with numerous conditions which would not be required
for a facility operating as a use-by-right with less cattle. Although dust, odor and flies are
frequently a concern with dairy operations,from adjacent property owners,the applicant is
required to submit specific plans to the Weld County Health Department which address the
above issues. Those plans are reviewed and approved by the Weld County Health
Department and the applicant is responsible to operate the dairy in compliance with the
approved plans.
If complaints are received the Weld County Health Department will investigate and if there
is a problem noted the applicant risks the possibility the Special Use Permit could be
revoked by the Board of County Commissioners, after appropriate public hearings. Since
there are numerous regulations involved which the applicant is required to adhere to, staff
believes the use will be compatible with the existing surrounding land uses.
d. Section 23-2-220.A.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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed expansion is not within the Urban Growth Boundary (UGB)
or Intergovernmental Agreement (IGA) of any municipality. The Town of Firestone
commented that they do not support this application as the uses are not compatible due to
the close proximity of the dairy to the Town. They also believe the expansion is inconsistent
with the IGA between Firestone and Weld County. Firestone did not specify how the
proposal was inconsistent with their IGA.
The IGA states"The parties recognize that decisions by one party regarding development
may impact property outside of each particular jurisdiction. The parties agree that those
jurisdictional boundaries will not be the basis for giving any greater or lesser weight to the
impacts during the course of deliberations."
The IGA also states"If a Municipality's objection to or recommendation of disapproval of a
Development proposal is based upon a conflict or incompatibility between proposed uses
in the Development and the Municipality's anticipated zoning classification for the property,
the County will not approve same unless, in the County's judgment: a) such conflict or
incompatibility is unlikely to occur; b) that suitable mitigation measures to be imposed by
the County as conditions of approval will eliminate or adequately mitigate adverse
consequences of incompatibility or conflict; or c) the Municipality's anticipated zoning
classification of the property is unreasonable because of existing uses of adjacent property."
Staff believes the use is consistent with the IGA as the proposal is located outside of
Firestones IGA boundaries and specific Development Standards will mitigate impacts to
adjacent properties.
The Town of Frederick indicated they have concerns with this request. They are concerned
with how the site will be monitored for compliance with Health and Zoning Regulations.
Planning staff has included a condition that requires the applicant to address the Town of
Fredericks concerns. The State Health Department also has specific guidelines which the
applicant must adhere to and the Weld County Health Department approves fly,dust,odor,
manure and wastewater management plans which the applicant must operate in
accordance with.
Resolution USR-1356
Busker Dairy
Page 4
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is designated
as prime farm ground according to the U.S.D.A. Soil Conservation Map. The applicant
grows a small amount of dryland wheat on the property currently. The expansion of the
dairy will take land out of crop production but the land will still remain as an agricultural use.
g. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-710 - The applicant shall comply with the additional requirements of the
Livestock Feeding Performance Standards.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 180 days of approval by the Board of County Commissioners.(Department
of Planning Services)
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations
Control (CAFO) Regulations and the additional requirements outlined below. This shall be
demonstrated by submitting a comprehensive Manure and Waste Water Management Plan, for a
1,450 head dairy,to the Weld County Department of Public Health and Environment for review and
approval. A copy of the plan shall be submitted to the Department of Planning Services. Evidence
of Health Department approval of the plan shall be submitted to the Department of Planning
Services. This plan shall include, but not be limited to the following:
1) Demonstration that all manure stockpile areas and waste water collection,
conveyance,and retention facilities are adequately sized and constructed to handle
and retain the storm water run-off generated from a twenty-five year, twenty-four
hour storm event.This shall be conducted by a Registered Professional Engineer.
(Department of Public Health and Environment)
2) Demonstration that any existing or proposed waste water retention structure has
been or will be constructed in accordance with the criteria described in the CAFO
Regulations. The demonstration shall be conducted by a Registered Professional
Engineer. (Department of Public Health and Environment)
Resolution USR-1356
Busker Dairy
Page 5
3) A site map demonstrating the layout of the site. This should include the locations
of all pens,structures,feed storage areas,any water courses through the property,
manure storage areas, lagoons, etc. (Department of Public Health and
Environment)
4) A surface contour map which demonstrates all surface water control features on
the site. This should include surveyed surface elevations, indicate flow direction,
run-on control features, etc. (Department of Public Health and Environment)
5) Demonstration that the facility has the ability to manage, dispose, and/or land
apply manure and waste water at agronomic rates in accordance with the CAFO
Regulations. (Department of Public Health and Environment)
6) Demonstration that adequate measures are in place to prevent any discharges
except those which are allowed by the CAFO Regulations. (Department of Public
Health and Environment)
7) Other necessary measures which are required in order to comply with the CAFO
Regulations. (Department of Public Health and Environment)
8) A description of the types of records that will be maintained on the facility, as
required by the CAFO Regulations. (Department of Public Health and
Environment)
9) A description of the pumping abilities to move waste water from the west lagoons
to the east lagoon. (Department of Public Health and Environment)
B. In accordance with CAFO,the applicant shall submit the facility's Manure and Waste Water
Management Plan to the Colorado Department of Public Health and Environment for review
and comment. Evidence of the State Health Department's review of the plan shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Department of Public Health and
Environment approval of the plan shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. A Fly Control Plan shall be submitted to the Weld County Department of Public Health and
Environment for review and approval. Evidence of Department of Public Health and
Environment approval of the plan shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
E. An Odor Control Plan shall be submitted to the Weld County Department of Public Health
and Environment for review and approval. Evidence of Department of Public Health and
Environment approval of the plan shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall address the concerns of the Town of Frederick as stated in the referral
response received October 1, 2001. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
Resolution USR-1356
Busker Dairy
Page 6
G. Weld County Road 17 is designated on the Southwest Study Area Capacity Improvement
Needs as a local gravel road,which requires 60 feet of right-of-way at full build out.There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County
Road 17 shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
H. Conform to Section 23-2-260.D of the Weld County Code. (Department of Planning
Services)
Submittal and approval of a Buffer/Landscape Plan to the Weld County Department of
Planning Services which provides for additional landscaping adjacent to Weld County Road
17 as well as bordering the southern boundary of the existing access drive. The Plan shall
also address lighting on the site. (Department of Planning Services)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Bruce Fitzgerald
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 20, 2001.
Dated the 201h of November, 2001.
\
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BUSKER DAIRY/SCOTT AND SUSAN BUSKER
USR-1356
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including Livestock Confinement Operations (a dairy of 1,450
head of cattle, with two additional mobile homes as accessory to the farm) in the A (Agricultural)
Zone District, as indicated in the application materials on file and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved Dust Abatement Plan at all times. (Department of Public Health and Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),at this site. (Department of Public Health
and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations
(5 CCR 1002-19) and Section 23-4-710 of the Weld County Code. (Department of Public Health
and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Any required CDPS Permit shall be maintained in compliance with the Water Quality Control
Division of the Colorado Department of Public Health&Environment. (Department of Public Health
and Environment)
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control Regulations.
(Department of Public Health and Environment)
10. Wastes materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
11. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface
beneath the manure storage areas shall be of materials which are protective of State waters. These
areas shall be constructed to minimize seepage or percolation of manure contaminated water. In
no event shall the facility impact or degrade waters of the State in violation of the Confined Animal
Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and
Environment)
Resolution USR-1356
Busker Dairy
Page 2
12. The facility shall be operated in accordance with the approved Odor Abatement Plan. Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold,as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the Weld County Department of Public Health and Environment
in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one
dilution threshold, or in the judgement of the Weld County Health Officer, there exists an odor
condition requiring abatement. (Department of Public Health and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater than 50
gallons. The volume retained by the spillage berm should be greater than the volume of the largest
tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times,with the approved Fly Control Plan. Additional fly control measures shall
be implemented at the request of the Weld County Department of Public Health and Environment
in the event that flies (which can be determined to be associated with the facility) are in such a
number to be considered a nuisance condition. The plan shall also be implemented in the event
the Weld County Department of Public Health and Environment receives a significant number of fly
(associated with facility)complaints, and in the judgement of the Weld County Health Officer,there
exists a fly condition requiring abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and Environment)
16. There shall be no burning conducted at the site, with exception to burning defined as"agricultural
open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission
Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan. (Department of Public Health and Environment)
18. No cattle shall have direct access to Waters of the State except access that is allowed per the
Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public
Health and Environment)
19. All feed alleys, including the approach road, shall be graded and surfaced with gravel to prevent
drainage problems. (Department of Public Works)
20. Off-street parking adjacent to WCR 17 shall not be allowed. Utilize on site parking only.
(Department of Public Works)
21. The hours of operation are up to 24 hours per day,365 days per year. Equipment operations,trucks,
farming activities and maintenance activities, other than emergencies, will occur primarily during
daylight hours. (Department of Planning Services)
22. Two accessory to the farm mobile homes are allowed in addition to the six existing accessory to the
farm mobile homes. Any additional accessory residential structures must obtain all appropriate
building and zoning permits. (Department of Planning Services)
23. At such time the dairy operation should cease,the mobile homes which are accessory to the Special
Review Permit must be removed from the property or the appropriate zoning and building permits
shall be applied for and approved for an acceptable use. (Department of Planning Services)
24. Any deceased animals discovered on the site shall be removed from the site within 24 hours of
discovery and disposed of properly. (Department of Planning Services)
25. The facility shall maintain compliance with Section 23-4-350 of the Weld County Code. (Department
of Planning Services)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
27. The property owner or operator shall be_responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. Personnel from the Weld County Departments of Public Health and Environment,Public Works and
Planning Services 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 Development Standards stated
herein and all applicable Weld County regulations.
30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
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