HomeMy WebLinkAbout20013275.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1356 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT AND
LIVESTOCK CONFINEMENT OPERATION (1,450-HEAD DAIRY, WITH TWO
ADDITIONAL MOBILE HOMES AS ACCESSORIES TO THE FARM) IN THE
A(AGRICULTURAL) ZONE DISTRICT - SCOTT AND SUSAN BUSKER
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 5th day of
December, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Scott and Susan Busker, 7678 Weld County Road 17, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit #1356 for an Agricultural Service Establishment and Livestock Confinement
Operation (1,450-head dairy, with two additional mobile homes as accessories to the farm) in
the A (Agricultural) Zone District on the following described real estate, to-wit:
N1/2 of the SW1/4 of Section 28, Township 2
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, 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 Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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 the economic health, as
well as the continuance of agriculture.
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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 percent 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.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6.16 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 A (Agricultural) Zone District, the history of the applicant's
previous land use requests is essential.
The applicant applied for a dairy of 4,500 head of cattle on approximately
130 acres in 1999. The Planning Commission recommended reducing
the number of head of cattle to 3,500 and the Board of County
Commissioners subsequently denied the request for a Use by Special
Review Permit for 3,500 head of cattle on February 3, 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 Use by Special Review Permit request. The revised configuration
resulted in the applicant owning property to the north of this Use by
Special Review Permit 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 20, 2001. It was determined at that hearing
that there was a substantial change in the facts and circumstances since
the applicant was reducing the number of head of cattle from 3,500 on
130 acres to 1,450 on 80 acres, and the 80 acres to be utilized for the
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proposed expansion would be located outside of Firestones Urban
Growth Boundary.
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 2,010 head of cattle would be
allowed on the entire acreage currently owned by the applicant if this Use
by Special Review Permit is approved. The applicants' request for 1,450
head of cattle on 80 acres is consistent with the intent of the A
(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 23-2-230.B.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, and agricultural uses are located to the east and west.
The applicant will be required to adhere to specific Development
Standards imposed by the County, as well as the Confined Animal
Feeding Operation (CAFO) Control 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 fewer cattle.
Although dust, odor, and flies are frequently a concern with dairy
operations, the applicant is required to submit specific plans to the Weld
County Department of Public Health and Environment, which address the
above issues. Those plans are to be reviewed and approved by the Weld
County Department of Public Health and Environment, and the applicant
is responsible for operating the dairy in compliance with the approved
plans.
If complaints are received the Weld County Department of Public Health
and Environment will investigate, and if there is a problem noted the
applicant risks the possibility of revocation of the Use by Special Review
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Permit by the Board of County Commissioners after appropriate public
hearings. Since there are numerous regulations involved which the
applicant is required to adhere to, the use will be compatible with the
existing surrounding land uses.
d. Section 23-2-230.B.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
Chapter 22 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 it does not support
this application as the uses are not compatible due to the close proximity
of the dairy to the Town. Further, the expansion is inconsistent with the
IGA between Firestone and Weld County. Firestone did not specify how
the proposal was inconsistent with the 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."
The use is consistent with the IGA as the proposal is located outside
Firestone's IGA boundaries and specific Development Standards will
mitigate impacts to adjacent properties.
The Town of Frederick indicated concerns with this request regarding
how the site will be monitored for compliance with Health and Zoning
Regulations. A Condition of Approval requires the applicant to address
the Town of Frederick's concerns. The Colorado Department of Public
Health and Environment also has specific guidelines which the applicant
must adhere to and the Weld County Department of Public Health and
Environment approves fly, dust, odor, manure and wastewater
management plans which the applicant must operate in accordance with.
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e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.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 23-2-230.B.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 the 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Scott and Susan Busker for a Site Specific
Development Plan and Use by Special Review Permit#1356 for an Agricultural Service
Establishment and Livestock Confinement Operation (1,450-head dairy, with two additional
mobile homes as accessories to the farm) in the A (Agricultural) Zone District on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by 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.
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal
Feeding Operations (CAFO) Control 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 and evidence of
Weld County Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services. This plan
shall include, but not be limited to the following:
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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.
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 Control Regulations. The
demonstration shall be conducted by a Registered Professional
Engineer.
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.
4) A surface contour map which demonstrates all surface water
control features on the site. This should include surveyed surface
elevations, and indicate flow direction, run-on control features,
etc.
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 Control Regulations.
6) Demonstration that adequate measures are in place to prevent
any discharges except those which are allowed by the CAFO
Control Regulations.
7) Other necessary measures which are required in order to comply
with the CAFO Control Regulations.
8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Control Regulations.
9) A description of the pumping abilities to move waste water from
the west lagoons to the east lagoon.
B. In accordance with the CAFO Control Regulations, 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.
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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.
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.
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.
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.
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 as right-of-way on the plat. This road is maintained by
Weld County.
H. Conform to Section 23-2-260.D of the Weld County Code.
The applicant shall submit and receive approval for a Buffer/Landscape
Plan from the Weld County Department of Planning Services, which
provides for a substantial volume of evergreens that create continued
screening with seasonal changes, 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 perimeter lighting on
the site.
J. The applicant shall acquire a water tap from the Central Weld County
Water District, as committed to in the letter from the Water District, dated
August 15, 2001.
3. The applicant shall provide the Department of Public Health and Environment
engineering information regarding the existing lagoons, including boring logs, soil
descriptions, number of permeability tests conducted, and a map with the
location where samples and/or boring was done to certify the lagoons.
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4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of December, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: att ��
,,{� /1Ati
" `"� M. J. Geile, Chair
Weld County Clerk to th
BY: g714}
,� Glenn Vaad, Pro-Tem
Deputy Clerk to the Boa�'� � � 51-
W', '.m H. J. ke-C
APP OVED AS TO F M: Q
D vi . Long
County Attor ey
Robert D. Masden /
Date of signature:
2001-3275
PL1284
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT AND SUSAN BUSKER
USR#1356
1. The Site Specific Development Plan and Use by Special Review Permit #1356 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 (1,450-head dairy, with two additional mobile homes as
accessories 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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.
6. The facility shall maintain compliance with CAFO Control Regulations(5 CCR 1002-19)and
Section 23-4-710 of the Weld County Code.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. Any required CDPS Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado 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 CAFO Control Regulations.
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.
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 CAFO Control Regulations (5 CCR 1002-19).
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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.
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.
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 complaints associated with facility, and in
the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations.
16. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
17. The facility shall be operated in accordance with the approved Manure and Waste Water
Management Plan.
18. No cattle shall have direct access to Waters of the State except access that is allowed per
the CAFO Control Regulations (5 CCR 1002-19).
19. All feed alleys, including the approach road, shall be graded and surfaced with gravel to
prevent drainage problems.
20. Off-street parking adjacent to Weld County Road 17 shall not be allowed. Utilize on site
parking only.
21. The hours of operation are up to 24 hours per day, 365 days per year. Heavy equipment
operations, trucks, farming activities and maintenance activities, other than emergencies,
will occur primarily during daylight hours.
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.
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23. At such time the dairy operation should cease, the mobile homes which are accessory to
the Use by 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.
24. Any deceased animals discovered on the site shall be removed from the site within 24
hours of discovery and disposed of properly.
25. The facility shall maintain compliance with Section 23-4-350 of the Weld County Code.
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.
27. The number of dairy cows shall not exceed 1,450 as allowed under this Use by Special
Review Permit.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. The Use by 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.
32. 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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