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Home My WebLink About20011825.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Scott Busker Case Number SCH-19 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 E-mail from Lee Morrison dated June 12, 2001 X 4 Field check by Planning Commissioner(2 pages) X 5 Letter to Applicant X 6 Legal Notifications (3 pages) X 7 Application (4 pages) X 8 Referral list X 9 Ft. Lupton Fire Department referral received May 3, 2001 X 10 USDA-Veterinary Services referral received May 4, 2001 X 11 Weld County Zoning Compliance referral received June 13, 2001 X 12 Weld County Department of Public Works referral received May X 22, 2001 (2 pages) 13 Weld County Extension Office referral received May 17, 2001 (2 X pages) 14 Town of Firestone referral received May 16, 2001 X 15 Deed (13 pages) X 16 Letter from Daniel O. LeMaster received June 13, 2001 (2 pages) X 17 Letter from Judy Stevens, re: LeMaster received June 13, 2001 (2 X pages) 18 Letter from Gilbert and Diana Evans received June 13, 2001 (4 X pages) 19 Letter from Irene Schutt received June 13, 2001 X 20 Letter from Chester and Niki Rozean received June 13, 2001 (3 X pages) 21 Surrounding Property Owners (7 pages) X 22 8 Yz'X 11" map X 23 Photo of Sign Posting X 24 Letter from Diana Evans received 06/18/01 X (4. E�IBIT 2001-1825 25 Letter from Wayne& Mary Lockwood received 06/18/01 X 26 Letter from William Wimmer received 06/18/01 X 27 Letter from Albert&Violet Betz received 06/18/01 X 28 Letter from Dave Mallory received 06/18/01 X 29 Diana Evans Deed X 29 Items submitted at planning commission I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. C te-liN O&A Julie A. Chester*Planner III WIND C DEPARTMENT OF PLANNING SERVICES SUBSTANTIAL CHANGE DETERMINATION COLORADO ADMINISTRATIVE REVIEW Planner: Julie A. Chester Hearing Date: July 12, 2001 Case #: SCH -19 Applicant: Scott Busker, Busker Dairy, do AgPro Environmental Services, LLC Address: 7678 Weld County Road 17, Ft. Lupton, CO 80621 Request: A Review of a Previously Denied Application for Land Use (USR-1202, for a Dairy) and request for a Substantial Change Determination Legal Description: N2/SW4 of Section 28, T2N, R67W of the 6TH P.M.,Weld County, Colorado Location: East of and Adjacent to Weld County Road 17 and North of Weld County Road 16 Parcel #: 1311-28-300051 Parcel Size: 80 +/- acres 1. It is the opinion of the Department of Planning Services' staff that the applicant has demonstrated that a Substantial Change of the required criteria has occurred and recommends approval of the applicant's request. 2. The Weld County Board of County Commissioner's Resolution dated February 3, 1999 denied the Applicant's Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment for a Livestock Confinement Operation (Dairy for 4500 head of cattle) in the Agricultural Zone District, for the following reasons: A. "The Board of County Commissioners finds that the proposal is not consistent with existing surrounding land uses." B. "The Board finds that the applicant has not proven this proposal is compatible with future development as projected by the Town of Firestone in its Comprehensive Plan...The dairy is situated within one-half mile of the limits of the Town of Firestone, with approximately one-half of the site located in the Firestone Urban Growth Boundary Area." C. "The Board of County Commissioners finds the applicant does not appear to currently be in compliance, nor has he demonstrated his ability to comply in the future with Conditions of Approval and Development Standards necessary for the protection of the health, safety and welfare of the inhabitants in the terms of the proposed Use by Special Review." Busker,SCH-19, Page 1 EXHIBIT 3. Pursuant to Chapter 2, Article II § 2-3-10 of the Weld County Code, the Planning Commission and the Board of County Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a new application, the facts and circumstances of which are substantially changed from the initial application: A. 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 land use application has substantially changed by the reduction in the number of dairy cattle from 4500 on 130 acres to 1450 head on eighty acres. It is unclear whether the number of animals kept on the northern eighty acres is included in this number. The number of animals by right on the remaining property is 540(135 acres X 4 animal units per acre). Assuming the applicant is proposing 1450 on the south eighty acres and 540 on the north 135 acres, the total number is less than 2000 and, in the opinion of the Department of Planning Services' staff, substantially reduced from the original total of 4500 head of cattle. -The number of total stock pens has decreased from seventeen to nine, utilizing the existing dairy area for the pens. -The overall layout of the proposed expansion is substantially different to the originally application. Calf pens and huts,the secondary manure storage and compost area and two ponds will be relocated on the eastern portion of the N2 of the SW4 of Section 28. Originally a large pond was located adjacent to Weld County Road 17 on the northern portion of the property. Two ponds are being proposed, the larger of the two more centrally located on Mr. Busker's property. A small portion of the current operating dairy will remain inside of the Urban Growth Boundary of the Town of Firestone, including three pens, three small ponds, some of the existing homes for the dairy workers and the manure storage/composting area. Staff would recommend that the Special Review Permit include the entire dairy operation with the proposed expansion shown occurring only on the N2/SW4 (the eighty acres in question), if the Planning Commission and Board of County Commissioners approve the Substantial Change. B. 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 has changed) -The applicant recently applied for, and had approved, an amendment to their Recorded Exemption which changed the configuration of their parcels. By amending the Recorded Exemption,the applicant adjusted their 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. C. Have applicable provisions of the law substantially changed? (e.g., the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) Busker,SCH-19, Page 2 -There have been changes in Colorado Revised Statutes (Section 25-8-205, C.R.S. 1973, as amended) regarding extra-territorial jurisdiction extending one mile beyond the existing municipal boundaries. The allowance of a municipalities regulatory authority of dairies was repealed after the denial of USR-1202. 4. It is the opinion of the Department of Planning Services'staff that the applicant has met the component all three of the criteria to show substantial change of the previously denied application. The Department of Planning Services finds evidence to suggest that the information presented before you is substantially different than the information presented on February 3, 1999. Busker,SCH-19, Page 3 (it DEPARTMENT OF PLANNING SERVICES W ��• PHONE EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 April 25, 2001 Scott and Susan Busker 7678 Weld County Road 17 Fort Lupton, Colorado 80621 AgPro Environmental Services, LLC 4311 Highway 66, Suite 4 Longmont, Colorado 80504 Subject: SCH-19- Request for a Substantial Change to previously denied Site Specific Development Plan and Spec on a parcel of land described as N2 SW4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Busker: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 19,2001, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Firestone Planning Commission for their review and comments. Please call 303-833-3291 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. (Re cttull , EXHIBIT es e Planner CAME NO. AC'S NAME «� REQUEST n A PUBLIC HEARING CONCERNING TIM PROPERTY WILL BE HELD AT 1556 NORM 1791 AVE,GREELEY, COLORADO N{71, ON 20 AT P FOR MORE INFORMATION CALL THE WELD COUNTY DEPT.OF PLANNING SERVICES AT(970)SUMO EIIT$114 C,r✓'r---Q 9� CPI / C :� �_- EXHIBIT JULIE Chester- Re: Change of Zone and Substantial Change- suggested change Page 1 From: LEE Morrison To: JULIE Chester Date: 6/12/01 3:01 PM Subject: Re: Change of Zone and Substantial Change- suggested change -There have been changes in the law applicable to the proposal since the denial of USR-1202. . HB 99-1122, codified at Section 31-15-501(1)(d), C.R.S. , removed the ability of a municipality to prohibit dairies within one mile of the existing municipal limits. the one mile extra-territorial jurisdiction of municipalities extending beyond the municipal boundaries. >>>JULIE Chester 6/12/01 11:21 AM >>> Here are my comments for next Tuesday Planning Commission. Lee: Could you in particular look at the Substantial Change for Busker Dairy. Let me know if you have any comments or changes. Thanks, Julie Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 CC: bbarker EXHIBIT I 3 JULIE Chester- Busker Page 1 From: LEE Morrison To: l:dianaevans@contaq.net Date: 6/18/01 4:25PM Subject: Busker Diana You have asked if I responded to a letter in the file from representatives of Busker dated January, 2001 . I have not specifically responded to that letter but did respond to similar questions recently. Mr Haren wrote in May of this year: Scott Busker is very concerned about all of the details of his project since his last hearing several years ago. He wanted me to check on the County's position on acreage and use-by-right. He's got a clean 80 acres that is split by a deeded irrigation ditch that takes up about 2 or 3 acres. Is his UBR 80x4 or technically 77x4? I know legally is should probably by 77 x 4 but I believe the county has not really considered ditches excluded from the total property? I responded as follows: The position I believe is correct on the legal lot issue is that public roads separate lots for purposes of determining animal units but ditches-whether deeded or not, do not create a parcel unavailable for calculating acreage . The ditch becomes an issue for residential purposes but not animal units .However, the ditch issue (unlike the road issue) has never been addressed in Court and this Board has not ever officially addressed the issue either so it is less "locked in". It is possible that there would be a distinction depending upon the language in the deed and to what extent the landowner retains the right to cross the ditch . It should not be an issue for a USR. As long as you can legally get from one part of a USR to another, there should be no issue except that the ditch company might cause problems in arguing for a crossing fee or other permission before allowing crossing. I would certainly by to resolve that issues before reapplying Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 CC: Jchester FIELD CHECK / CASE NUMBER: SCH-19 DATE OF INSPECTION: 1//619 / APPLICANT'S NAME: Scott Busker, c/o AgPro Environmental Services, LLC PLANNER: Julie Chester REQUEST: Substantial Change to previously denied Site Specific Development Plan and Spec. LEGAL DESCRIPTION: N2 SW4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to WCR 17; North of WCR 16. LAND USE: E S W ift ZONING: N A(Agricultural) E A (Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: P.C. Member EXHIBIT l 4 Weld County Referral April 25, 2001 IlligC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Scott Busker, c/o AgPro Case Number SCH-19 Environmental Services, Lilt Please Reply By May 16, 2001 Planner Julie Chester Project Substantial Change to previously denied Site Specific Development Plan and Special Review permit(USR-1202)for a Dairy. Legal N2 SW4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 17; North of WCR 16. Parcel Number 1311 28 300051 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) June 19, 2001 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments:imayudbotLieattenetri)prJ Signature r g Date �/ o/ Agency +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Hello