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Home My WebLink About20012312.tiff HEARING CERTIFICATION DOCKET NO. 2001-52 RE: SUBSTANTIAL CHANGE #19 REGARDING OF USE BY SPECIAL REVIEW PERMIT #1202 - SCOTT AND SUSAN BUSKER/BUSKER DAIRY A public hearing was conducted on August 20th, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tern 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, Julie Chester Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 13, 2001, and duly published July 18, 2001, in the Tri-Town Farmer and Miner,a Substantial Change Hearing was conducted on August 15,2001, to consider whether or not 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#1202 for a 3,500-head dairy in the A(Agricultural)Zone District. At the request of the applicant, the Board deemed it advisable to continue the matter to Monday, August 20, 2001, at 10:00 a.m., when a full quorum of the Board would be present to consider the matter. Lee Morrison,Assistant County Attorney, made this a matter of record. Julie Chester,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. Chester stated the previous application was denied on February 3, 1999, and she gave a brief description of the location of the site. She explained the applicant must show that they have met at least one of the three criteria cited in the Weld County Code to prove that a Substantial Change has occurred. Ms. Chester stated the proposal has been reduced from 3,500 head on 130 acres to 1,450 head on 80 acres. She stated the applicant owns an additional 135 acres and the number of animals allowed as a Use by Right equals 540 head. She stated the total number of animals allowed under this permit, in addition to the Use by Right, is less then 2,000,which is substantially reduced from the denied application. Ms. Chester further stated the stock pens will be decreased from 17 to 9, and calf pens and huts, the secondary manure storage and compost area, and two lagoons will be relocated on the eastern portion of the north half of the southwest quarter of Section 28,which is a substantial change to the overall layout of the facility. Ms. Chester a large pond was originally located adjacent to Weld County Road 17; however, the applicant is now proposing two ponds more centrally located on the property. She explained the applicant was recently granted an amendment to the Recorded Exemption on the property. She stated the amendment resulted in leaving an 80-acre parcel outside of the current recognized Urban Growth Boundary of the Town of Firestone. Ms. Chester stated a majority of the dairy and proposed expansion is located on the 80-acre parcel. She further stated Section 25-8-205, C.R.S., regarding extraterritorial jurisdiction �� - AZ, PIO 2001-2312PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER/BUSKER DAIRY (SCH #19) PAGE 2 extending one mile beyond the existing municipal boundary, was repealed after the denial of Use by Special Review Permit#1202. Ms. Chester stated both the Planning Commission and staff feel the applicant has shown compliance with all three criteria, and the current proposal is substantially different from the permit which was previously denied. In response to Commissioner Vaad, Ms. Chester clarified that during the Planning Commission Hearing for Use by Special Review Permit #1202, the Planning Commission changed the requested number of animals from 4,500 to 3,500,which was the amount considered by the Board of Commissioners. Responding to Chair Geile, Ms. Chester stated there was no discussion at the Planning Commission hearing regarding complaints. She stated the Department of Planning Services received a letter concerning the number of head at the site; however, she has spoken with the applicant who indicated he is operating below the number of the number indicated in the current permit application. Thomas Haren,AgPro Environmental Services,LLC,represented the applicant and stated he feels they have met all three of the criteria necessary for a substantial change. Mr. Haren displayed overheads, marked Exhibit J, and he reviewed them for the record. He stated the number of animals has decreased, and the dairy layout and surrounding land uses have changed due to the amendment of the Recorded Exemption. He stated the 80-acre parcel is no longer in the Urban Growth Boundary for the Town of Firestone, and there is a one-quarter-mile buffer between the dairy and other adjacent properties. Mr. Haren stated Section 25-8-205, C.R.S., applied to the previously denied case; however, it has since been repealed and does not apply to the new application. Mr. Haren showed the difference between the old and new dairy configurations and in response to Chair Geile,stated he has represented the applicant since they purchased this dairy. He stated there have been no violations, and the one complaint received two months ago was reviewed by the State Health Department which found no violation. Responding to Commissioner Jerke, Ms. Chester stated she spoke with Bruce Nickerson, Town of Firestone, who verbally indicated the town no longer opposes the Substantial Change due to the clarification that the facility is no longer in the Urban Growth Boundary. Ms. Chester stated if the Substantial Change is approved, the Town of Firestone will be sent a new referral for the new application. Diana Evans, surrounding property owner to the north, stated she and her family have farmed in this area for 19 years. She stated the neighbors do not feel there has been a substantial change to the dairy operation. Ms. Evans agreed that the number of animals proposed in the applicant and layout of the dairy has changed. However, she expressed concern with the number of animals allowed as a Use by Right in addition to the amount requested under the Use by Special Review Permit. Ms. Evans stated the lagoons were built after Confined Animal Feeding Operations (CAFO) Control Regulations went into effect; however, they have not been certified. Responding to Chair Geile, Ms. Evans stated since the previous application was denied, three to five more houses have been built in the area. She stated the applicant did not follow the rules before therefore, she is uncertain that they will follow the rules established by the Board under a new permit. Chester Rozean, surrounding property owner to the north, stated he does not feel there has been a substantial change and the property owner should have to wait five years before reapplying. Mr. Rozean stated the combined number of animals allowed through the proposed Use by Special Review and the Use by Right totals 2,010. He stated the density remains unchanged regardless 2001-2312 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER/BUSKER DAIRY (SCH #19) PAGE 3 of the reconfiguration of the property. He stated the number of animals is not the problem; however, the high density is a concern. Mr. Rozean stated the surrounding land use has not changed; it remains rural residential. He indicated opposition to the applicant reconfiguring his land to result in Mr. Busker being the adjacent property owner to the dairy facility. He stated that although the adjacent property owners are no longer considered,they are still affected by the diary, and the changes in land use do not make the dairy more compatible with the neighborhood. Mr. Rozean stated the original determination to deny the application was not based on the existing State statute therefore, its repeal should not be considered as an item which meets the County's criteria for a Substantial Change. John Henderson, attorney, represented surrounding property owners. He submitted a duplicate copy of the Hearing Certification 99-06, marked as Exhibit I. Mr. Henderson indicated there has not been enough evidence proposed to substantiate a new application in two and one-half years, rather than five. He stated this is a mixed use neighborhood with residential and agricultural activities. He stated a dairy is allowed as a Use by Right, but the Use by Special Review permit allows for a more intense use with extra criteria that must be met. Mr. Henderson stated the reconfiguration of the property has resulted in the applicant surrounding his own property;however, there are others in the neighborhood which are still impacted. He stated the Town of Firestone has indicated the expansion was the problem due to compatibility with its current Intergovernmental Agreement(IGA)with Weld County. The State statute was not even an item of consideration, nor should it qualify as criteria for a Substantial Change in this matter. Mr. Henderson stated that although the dairy is no longer within the IGA boundary, the density of animals on the overall property will still be approximately 2,000. He stated the total number of animals on the property needs to be differentiated from the number of permitted milking cows. He further stated the composting facilities are still in the IGA boundary and the applicant should clarify whether those will remain or be moved. Mr. Henderson indicated the Board should consider the activities on the property as a whole, rather than just one portion that may meet the criteria for a Substantial Change. Artie Elmquist, County resident, recommended the board approve this Substantial Change and reconsider an amended application. He stated the applicant has shown that the proposal is now out of IGA and UGB areas,and there is no reason not to hear the revised application. There being no further testimony, Chair Geile closed public testimony. In response to Commissioner Vaad, Mr. Morrison stated the State statute was not used as a determining factor in the denial hearing, but the regulations do not state that policy changes have to have been a factor in the initial issue. Commissioner Vaad commented he recalls the discussion being centered around the boundaries of the IGA and UGB areas, rather than the State statute. He further stated the land use change and reconfiguration has affected the density of the total number of animals that will be on the site. Commissioner Vaad also stated the change in the property configuration was very innovative in eliminating the other adjacent property owners. Responding to Commissioner Vaad, Mr. Morrison clarified the Board must find at least one of the three criteria has been met to justify a Substantial Change. Commissioner Vaad moved to find there has been a substantial change in the facts and circumstances regarding the number of animals proposed for a dairy to be operated by Scott and Susan Busker. The motion was seconded by Commissioner Jerke. Commissioner Masden stated 2001-2312 PL1284 HEARING CERTIFICATION - SCOTT AND SUSAN BUSKER/BUSKER DAIRY (SCH #19) PAGE 4 he supports the motion; however, he feels there is also sufficient evidence that there has been a substantial change in the land use located outside of the Urban Growth Boundary for the Town of Firestone. Commissioner Vaad commented he believes that when the application comes back,the Board will have the opportunity to enforce additional Conditions of Approval and Development Standards to address the items of concern expressed by the public in this hearing. Mr. Morrison suggested Commissioners Vaad and Jerke amend the motion to include the findings of Commissioner Masden. Commissioners Vaad and Jerke agreed to amend their motion, and upon a call for the vote, the motion carried unanimously. This Certification was approved on the 22nd day of August 2001. APPROVED: BOARD COUNTY COMMISSIONERS WELD UNTY, COLORADO ATTEST: ,1�N�,�,�� a ', Elsa 7, JILL/ I� . J. Geile, Cha' Weld County Clerk to the !-ar' /n� 1861 110 /�X1�A %S ` At lenn Vaad, Pr BY: it!: - • j Deputy Clerk to the Boa t► jj \ / ' 5/ A'`-A-9 Willia Jerke TAPE#2001-34 0! 9 ck� v L ng DOCKET#2001-52 4_ \ a Robert D. Masden 2001-2312 PL1284 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF AUGUST, 2001: DOCKET#2001-56 - BEVERLY HOBDAY DOCKET#2001-52 - SCOTT AND SUSAN BUSKER/BUSKER DAIRY PLEASE legibly write or print your name and complete address and the DOCKET# (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING ©soh.i # Zcx'/' . 75-63 t. Lve- /y, ice-etre rift ec 7ooil / 99X01-56 £f,e_4t Coon fliz s 6 fire.,,," 0 bi 7/2 sp7Yf° zcol - Sz --Igo/44S An-L-1u L LLod- S 1 G- a7 Eexs-1(., �P 7 SL' Ar4u m1Ui Rw] 125 I-rs{. _ F ( Mon/ Co ?oso9 ifr_22-C&A t fktrvra- FAO I.c.o vtn `Zoso Lgxkt,2 k.-11ALK. c'- L 4ovvti 4 zo-o(-52- � � n✓�� -,--) (a -967 Suwctst-c-cf' Fsve91 2 5201 g'9( 7,5 ; 4 / '{cc,zem4, - /.�7> ✓;, 51=2<.z / D I cwt E ✓ cr ,a ,S N ) -t-ao/7/_, S 298 0,-/r/7 , rD�n Cony PPUOULSORli J7?`(. URN( aAISch ( l 1001-5z tent hi fk 57. ( QULM“, CO g"b:1c2 M2 -L/,min kJ/nzi, jz 5iH9 74zzo/ - sz 7/24- wc,c /7/7---Zurn, O s d ` 'i °°4z j EXHIBIT INVENTORY CONTROL SHEET Case SCH #19 - SCOTT AND SUSAN BUSKER/BUSKER DAIRY 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 06/19/2001) D. Clerk to the Board Notice of Hearing E. Dairy Specialists Letter of Support (07/09/2001) F. Clerk to the Board Memo regarding Continuance (07/31/2001) G. Surrounding Property Owners Letter Petition of Opposition (08/02/2001) H. Planning Staff Photo of sign posted on site John Henderson Copy of Hearing Certification 99-06 J. Applicant Copies of Overheads and maps K. L. M. N. O. P. Q. R. S. T. U. V. Hello