HomeMy WebLinkAbout20011823.tiff RESOLUTION
RE: APPROVE SUBSTANTIAL CHANGE#19 REGARDING OF USE BY SPECIAL
REVIEW PERMIT#1202 - SCOTT AND SUSAN BUSKERIBUSKER DAIRY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 15th day
of August, 2001, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of Scott and
Susan Busker/Busker Dairy, 7678 Weld County Road 17, Fort Lupton, Colorado 80621, for the
purpose of considering 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, which
was denied by the Board of County Commissioners by Resolution dated February 3, 1999, and
WHEREAS, said action was taken concerning property described as:
N1/2 SW1/4 of Section 28, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at the request of the applicant, the Board deemed it advisable to continue
the matter to August 20, 2001, at 10:00 a.m., to a date when a full quorum of the Board would
be present to consider the matter, and
WHEREAS, at said hearing on August 20, 2001, said applicant was represented by
Thomas Haren, AgPro Environmental Services, LLC, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied, as set forth in the Weld County Code,
and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Department of Planning Services staff and, having been fully informed, finds that 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 has occurred based on the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
demonstrated that a substantial change in facts and circumstances has occurred
as follows.
a. The land use application has substantially changed by the reduction in
the number of dairy cattle from 3,500 on 130 acres to 1,450 head on
eighty acres. The number of animals by right on the remaining property
is 540 (135 acres multiplied by four animal units per acre). Assuming the
2001-1823
pd: /95/%, APP) PL1284
SUBSTANTIAL CHANGE#19 - SCOTT AND SUSAN BUSKER/BUSKER DAIRY
PAGE 2
applicant is proposing 1,450 on the south eighty acres and 540 on the
north 135 acres, the total number is less than 2,000 which is substantially
reduced from the original total of 3,500 head of cattle.
b. The overall layout of the proposed expansion is substantially different
from the original application. The applicant recently applied for, and had
approved, an amendment to Recorded Exemption #2098, which changed
the configuration of the parcels. By amending said Recorded Exemption,
the applicant adjusted the property lines leaving an eighty-acre parcel
outside the current recognized Urban Growth Boundary for the Town of
Firestone. The proposed expansion would be located outside of the
Urban Growth Boundary. The previous application was almost entirely
within the Growth Boundary of Firestone.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that there has been a substantial change in the facts and
circumstances regarding the application of Scott and Susan Busker/Busker Dairy for a Site
Specific Development Plan and Use by Special Review Permit for a dairy.
BE IT FURTHER RESOLVED by the Board that the request of Scott and Susan
Busker/Busker Dairy to apply for a Site Specific Development Plan and Use by Special Review
Permit for a dairy be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of August, A.D., 2001.
BOARD COUNTY COMMISSIONERS
WELD NTY, COLORADO
ATTEST: gjete 11,
. J. eile, Chair
Weld County Clerk to the .j : I )S
�� . ier lenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Board
Willi H. Jerke ��
AP D AS T FQ M: cx
D id . Lon
ty tor -� _ -
Ro ert D. Masden
Date of signature:
2001-1823
PL1284
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