HomeMy WebLinkAbout20013279.tiff tir
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DEPARTMENT OF PLANNING SERVICES I /�
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax(970)304-6498 05/2
USE BY SPECIAL REVIEW APPLICATION
��,
Application Fee Paid / IOC) Receipt# 0 75 2 7 Date_
Recording Fee Paid _ Receipt# Date._
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: The N2 of the SW4 of Section 28, T2N,
R67W of the 6'" P.M., Weld County, CO
PARCEL NUMBER: 131128300051 (parcel number subject to change based on approved Recorded
Exemption plat—see plat in file).
Total Acreage 80 acres, more or less Zone District: Agricultural Overlay Zone: N/A
Property Address: 7678 Weld County Road 17, Ft. Lupton, CO 80621
Proposed Use: Expansion of an Existing Dairy— 1450 head
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: Scott& Susan Busker Mailing Address: 7678 Weld County Road 17
City/State/Zip: Ft. Lupton, CO 80621 Telephone: 303-833-3317
APPLICANT OR AUTHORIZED AGENT(if different than above)
Name: AgPro Environmental Services, LLC (Thomas Haren)
Address: 4311 Highway 66, Suite 4, Longmont, CO 80504
Business Telephone: 970-535-9318 Mobile Telephone: 303-746-0984
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case#
Floodplain: O Yes O No Geologic Hazard: O Yes O No
I hereby state that all statements and plans submitted with the app n are tr nd rrect to the bes f
my knowledge. C ��
ignature or thorized Agent
EXIT
2001-3279
September 20, 2001
Weld County Planning &Zoning Department
Weld County Clerk to the Board
This letter is to authorize AgPro Environmental Services to act on behalf of Busker Dairy
and Scott Busker as an authorized agent regarding all activities pertaining to the Land
Use, environmental and natural resources proceedings with Weld County and the State of
Colorado.
To clarify, all activities including site inspections and all visits, communications
including mail and telephone communications, correspondence and arrangements shall be
coordinated with Thomas Haren.
Cordially,
hea Litz--
Scott D. Busker
EXHIBIT
7
August 27, 2001
Weld County Planning Department
1551 N. 17th Avenue
Greeley, CO 80631
To Whom it May Concern,
We have contracted with AgPro Environmental Services, LLC, to process all work
related to a Use by Special Review application to be filed at Weld County. AgPro
Environmental Services, LLC, is authorized to represent Scott and Susan Busker
throughout this process.
Sincerely,
Scott D. Busker
Owner
USE BY SPECIAL REVIEW QUESTIONAIRE
The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with "not applicable", with an explanation as to why the
question is not applicable.
1. Explain, in detail, the proposed use of the property.
The existing and proposed use of this property includes a dairy facility located one and one-half miles
north of Highway 52 on Weld County Road 17. Busker Dairy plans to add two milk-cow corrals,a dry-cow
corral along with some calf huts, one additional holding pen, a small calf corral, two mobile homes and
extend the existing milking parlor by 60 feet. Dairy construction is industry-typical steel and wood posts,
pipe and cable fence,concrete feed aprons and feed bunks,feed alleys and cow movement alleys,feed
storage areas and associated storage structures and maintenance facilities, waste management and
control structures. Busker Dairy plans to expand its milking and total capacity. The plan would include
approximately 1,100 milk cows, 200 dry cows, and 150 replacement calves for a total of 1,450 head.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22.
The use is consistent with Chapter 22 of the Weld County Code because it promotes the preservation,
enhancement and growth of agriculture. The dairy has operated as a use by right on this property for
approximately 7 years. Prior to the dairy facility the property was vacant unproductive farmland. The
facility supports commercial and industrial uses directly related to or dependent upon agriculture. Efforts
to preserve productive agriculture land include the maintenance, enhancement and growth of a viable,
profitable, agricultural business. The proposed site is not located within a flood hazard zone,a geologic
hazard zone or airport overlay zone. The use of the property for a viable,profitable agricultural business
will help preserve the agricultural economic base historically attributed to the area. The proposed use
provides approximately 15 - agriculture jobs for Weld County residents. Typically, feedlot and dairy
operations contribute 2.5 times their gross sales into the local economy.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 and
the zone district in which it is located.
This proposal meets the intent of the agricultural zone district where the site is located. A livestock
confinement operation exceeding four(4)animal units is permitted in the A(Agricultural)zone district as a
Use-by-Special Review. Public health safety and welfare are protected through adherence to applicable
county, state and federal regulations and requirements.
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible
with surrounding land uses.
Agricultural and single-family residential uses surround this site. Uses consist of farming,cattle grazing,
and hay production. This proposal is compatible with the surrounding agricultural and single-family
residential uses and the Weld County Comprehensive Plan.
5. Describe, in detail, the following:
a. How many people will use this site?
Approximately 15 employees, the owners and owners' family, sales representatives and supply
delivery people.
b. How many employees are proposed to be employed at this site?
Approximately 15 employees will work on site.
c. What are the hours of operation?
The facility will continue to operate 24 hours per day as it does presently. Equipment operations,
trucks,farming activities and maintenance activities other than emergencies will occur primarily during
daylight hours.
d. What type and how many structures will be erected (built)on this site?
Most structures are currently in place. Busker Dairy plans to add two additional mobile homes for
employee housing, two milk-cow corrals, a dry-cow corral along with some calf huts, a small calf
corral and will extend the milking parlor 60 feet. The milk-cow corrals will be on the west side of
Stanley Ditch and the calf facilities and dry-cow corral will be on the east side. Stormwater
containment structures required by state regulation will also be added.
e. What type and how many animals, if any, will be on this site?
1,450 head dairy cattle.
f. What kind (type, size,weight)of vehicles will access this site and how often?
Typical vehicles accessing this site include feed and hay delivery trucks and semi-tractors and
trailers,employee and owner vehicles,animal product vendors,and ag-related equipment. Operating
equipment includes typical farming equipment, tractors, loaders and attachments.
Semi-Tractor Milk Trucks 8-10/wk
Semi-Tractor Commodity Truck 10/wk
Commodity Farm Trucks 5/wk
Hay Trucks, Semi-Tractors daily during hay season
Silage—daily during silage season
Rendering Truck—when needed.
g. Who will provide fire protection to the site?
Ft. Lupton Fire District.
h. What is the water source on the property? (Both domestic and irrigation)
A well services the dairy. The well permit is included in this application. Also included in the
application materials is a letter from Central Weld County Water District.
What is the sewage disposal system on the property? (Existing and proposed).
Proposed new septic system(s) or combined septic will be added for the proposed mobile homes.
Remaining facilities are served by existing septic system. A copy of the septic permit is included in
this application.
If storage or warehousing is proposed, what type of items will be stored?
Storage and warehousing are not proposed as the primary use of this site. Feedstuffs, livestock
bedding, manure, compost, equipment parts and supplies typical of farming activities are stored on
site.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as
a landscape plan map as part of the application submittal.
Two new rows of trees are proposed on the south property line,east of the Stanley Ditch and the other on
the west property line between the road and the retention pond. The trees are for screening and dust
control.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity
occurs.
Reclamation procedures include compliance with the Colorado Confined Animal Feeding Control
Regulations to manage solid manure and stormwater runoff until all material is adequately removed.
Should the facility be permanently discontinued for use as a dairy,it would be marketed under applicable
county planning and zoning regulations to its greatest and best use.
8. Explain how the storm water drainage will be handled on the site.
Busker Dairy will control stormwater on the west side of Stanley Ditch with a series of four retention
ponds, three already existing and adding one on the south side. The east side will be controlled with a
new pond constructed in the northeast corner of the property. Busker Dairy will monitor the site and
maintain appropriate diversion structures to ensure runoff enters the stormwater collection system.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled
to begin.
Construction of the new corrals is anticipated to begin in late 2001 — early 2002, and completed as
finances allow.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Most of the manure produced at the facility is composted. Storm water and process wastewater will be
stored in wastewater retention structures designed to meet State CAFO regulations. No hazardous
material storage is proposed for this site. Stormwater and wastewater will be periodically land applied at
agronomic rates. Details of the manure management system are outlined in the Comprehensive Nutrient
Management Plan. Debris and refuse are collected and removed by Waste Management.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET 8
Weld County Public Works Department Date: -t • O 1
1111 H Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.375011 Fax: (970)304-6497 1 � �""`
1. Applicant Name Seth; '4"Sv� &-11-B1 )t lBlgir &to tvthone 3o3 ^ 833"32,17
Address 1 Le 1% WC*. II City F- .(_tiritY\ State CO Zip 20(0.a-1
2. Address or location of access 161 8 (A)C.-_(l
Section oZ% Township o7 Range (O1
Subdivision Block Lot
Weld County Road # ) 1 Side of Road C Distance from nearest intersection 00 ±
3. Is there an existing access to the property? Yes No #of accesses
4. Pr posed Use: /'
I Permanent S Residential/Agricultural O Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
6Y
Legend for Access Description:
SDI
AG = Agricultural W �`$ -.
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
W 1—(
We ._1G
**********************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
1 U? ON dilD H i ;ir; Nu
82
;ti-I3e, sa.�; .SO4t►2t} _....., ..„,
IN THE DISTRICT COUNT
ry IN.AND FOR THE COUNTY OF WELD
C
n
C:5 AND STATE OF COLORADO
u Civil Action No. 9454 .,
JI
Ni
a
IN THE MATTER OP THE
NORTHERN COLORADO WATER ORDER 90R INCLUSION OF LANDS
CONSERVANCY DISTRICT
ro
This matter comes on regularly for hearing before
L
this Court on this A144) day of ~a .-\ , 1967, on
Motion or the Board of Directors of the Northern Colorado
,
Water Conservanoy District by Davis, Graham & Stubbs, its
attorneys, petitioning for an Order that the hereinafter
described lands shall be included in said dietrictj and the
Court having considered said Petition and adduced thereon,
DOTE FIND:
1. That pursuant to Chapter 150, Article 5, Sec-
tion 31(1), 1963 Colorado Revised statutes, certain owners
of lands have heretofore filed with the Board of Directors
Petitions in writing praying that said lands be included
within the district, which Petitions described the tracts of
land owned by the petitioners and are acknowledged au con-
veyanoes of land are required to be acknowledged.
2. The said owners of the lands sought to be in-
cluded and a description of said lands are attached hereto
as Exhibits A and B, which exhibits are expressly incorpo-
rated herein and made a part hereof. Said lands to be
•
included as described in Exhibit A contain 12,170.56 acres,
more or less, and eaid lands to he included as described
in Exhibit B contain 5,752.55 acres, more or leas.
.n/
11111 11111 1111111 11111 11111 1111111111 M"MI1111IIII
2875043 08/15/2001 03:23P JA Suki Tsu. Jlo
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RIGHT OF WAY EASEMENTS AND LICENSES
acid
THESE EASEMENTS AND LICENSES made and entered into this 14 day
of AUGUST • A.D, 2001 by and between Vote & Susan Busker
7678 WCR 17. FORT LUPTON,CO a corporation, as First Party, and
FARMERS RESERVOIR 8 IRRIG. CO. a corporation, as Second Party;
WITNESSETH:
THAT WHEREAS, First Party is the owner of those certain irrigation canals known as the
STANLEY DITCH
in VELD,.._..........County, Colorado; and
BRIDGE
WHEREAS, Second Party desires to construct and maintain a
in varying sizes over or under and across the rights of way of said canals at the locations and in the
manner as shown on the drawings marked Exhibit A hereto attached and by this reference made a
part hereof, Said Exhibit A consists of... 1 .sheets and each sheet represents a specific crossing;
and
WHEREAS, First Party is willing to grant the easements and licenses desired by Second Party.
NOW, THEREFORE, in consideration of the sum of..One..thousand..do.7.la a...(.i$$.1..,.QQO.,.QO)
paid to Farmers Reservoir & Irrigation Com_any____ _
the receipt of which is hereby acknowledged, and the agreements of Second Party to be performed
hereunder and upon the conditions and for the period herein stated,First Party does grant to Second
Party, its successors and assigns, easements and licenses to construct, install, lay, maintain, alter,
repair, operate and remove a BRIDGE over or
under and across the strips of land which constitute a part of the rights of way of the canals herein-
above named at the specific locations and in the manner designated and referred to in the applicable
sheet of Exhibit A.
Second Party agrees not to commence construction of said..BRIDGE
at any of the points described in Exhibit A without first having obtained the consent and approval
thereof of the Superintendent of First Party.
It is understood that, if the First Party only owns an easement for Canal and Lateral rights
of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to
Second Party only such rights as First Party may under such circumstances grant.
In laying and constructing said
BRIDGE and thereafter in
re4airing, maintaining or removing same Second Party shall do so in such manner as not to damage
said Canals and Laterals or the embankments thereof and so as not to interfere with the flow of
water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off,
and any damage to the Canals and Laterals, embankments, fences, roads or other improvements
shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party.
;I v , :j2 rl1.1 '-,lil!-rNd I r No, ): 'i,` i';ill,
Exhibit A -- Fonc 2
FLTITiON`RS fESCHIPTION SEC.TWN,R6f, A.CK?1
, Suckle, Frank. NEB; E#HW'r,; Si ID lh 674 1' F,o,!
Suekia, Edith
Wrigley Farms, /o Nz IS IN 67W Q 320
Carol Kline F.
Jewel H. Butefish,
Trustees
Crumpacker, John 0. NI 7 IN 67W It 320
Mlilar, Carl A. S 5 111 67W S 320
Johnson, Carl E.
Teets, Bernard E. W4N£r; E}NW ; SW4; lt}Nw1; SE} 20 2N 67W 1— 675
i1W4 29 2N 67W u,
Deeps, Carl R. WI 22 2N 6741 .,J 320
Engle, George H, NWw; NfS }, 26 2N 67W GJ 240
Engle, Susie S. .
Vonasek, Alvin 535w'r, 26 2N 67W) 80
Vonasek, Sadie N.
Hart, Martin T. NEC; NWI; 5W
27 zN G7w ''' 800
NW}; Ni5W41 S}Nt.* 28 2N 67W 2^
Horst, John N}NE4 28 2N 67W v,ja 75
Horst, Mollie
Warner, John L. 5f5W* 28 2N 67W t5!1> 80
Warner, Bonnie Lee
Johnson, Ronald W. 5E# 28 2s 67W r3c_ 156
Gamanisch, J. P. SWi; WyNE`r, 29 21,4 67W v4() 249
txky Mountain Fuel Hi 30 2N 67W Ai. 480
Company Wf• 32 2N 67W,J,.
Nelson, C, A. NE*, Less 3 acres 32 24 67W.AC- 157
Ludlow, Irving T. W? 33 2N 67w r44 320
Ludlow, Irving T. Na 33 2N 67W 1•}2' 160
,rriffith, Frencss L..
Batt, Gonrye E}NE , 34 2N 67V 4J 75
• lott, Ruby Augusta Less R/4 and Canal •
r'
Straughan, Marvin Ray Nzt1C , Except Stoto Highway R/W 3 IN 68W /ar'- 611
Zlatek, Neimina W;'SWk, containing 77 acres, n/I 3 1N 68w 1 ., 77
King, James A. S!N4 3 1N 68W vq,11 80
King, Irene D,
I lHI I II I II II II II III I IP H II III
•
2875043 08/15/2001 03:23P Saki Tsukamoto
2 al 4 R 20.00 D 0.00 Weld County CO
Second Party agrees that it will at all times maintain said
BRIDGE
and repair all breaks, leaks and damages therein and thereto at its own expense and further that,
if, by reason of any break, leak or damage in and to the....BRIDGE
injury to the properties of First Party is sustained, then Second Party will, with all due diligence,
repair and replace such property of First Party in the same condition as the same was in prior to
such break, leak or damage in and to the said BRIDGE and will pay
any and all monetary damages resulting from such break, leak or damage sustained or incurred by
First Party or its stockholders or water users.
Second Party further agrees that, if at any time the BRIDGE
causes any settling in the ditch embankments, the roads thereon, or any part of the ditch rights of
way, it will, upon notification from First Party, immediately make all repairs required by First Party
at Second Party's expense.
Second Party further agrees to indemnify and save harmless First Party, its successors, as-
signs, employees, agents and stockholders on account of any damage or loss sustained by them or
any of them arising by reason of laying, construction, maintenance or removal of said...BRIDGE
If in the future First Party should desire to enlarge, deepen or otherwise change or relocate
said Canals and Laterals or to construct any other canal ditch or waterway on said Canal and Lat-
eral rights of way or to do any other thing incident to the operation of said Canals and Laterals or
any other portion of the irrigation system of First Party,then Second Party agrees,at Second Party's
expense, with all due diligence, to change, relay and reconstruct its....BRIDGE
so as to comply with such plans and specifications as First Party may prescribe as being necessary
to permit the proper maintenance and operation of First Party's irrigation system.
Second Party agrees to protect First Partyand save and hold it harmless from any and all
third party claims and damages that said BRIDGE and its
operation, construction, maintenance and removal may directly or indirectly cause; and Second
Party hereby releases First Party,its successors,assigns, employees, agents and stockholders from
any and all claims and damages of whatsoever character to said .BRIDGE
or other property of Second Party located in, along or across said Canal and Lateral rights of way
arising out of either the operation or maintenance of said Canals and Laterals or other portions of
First Party's irrigation system or resulting from any other act either on the part of First Party or
on the part of any Third Party.
The rights of way herein granted to Second Party shall continue so long and only so long
as Second Party, its successors and assigns, shall faithfully and promptly comply with the provis-
ions herein stated.
4
lilt III It'll 11111 IIIII III 11111f1 III IIIII I!II III'
2875043 08115/2001 03: JA Suki 7sukamoto
3 0l 4 R 20.00 0 0.00 , ,d County CO
It is mutually understood and agreed that this agreement and all the terms and conditions
hereof shall extend to and be binding upon the parties hereto, their successors and assigns.
EXECUTED in duplicate the day and year first hereinabove written.
Its President
}ts - Secretary
;r
5
f• ' r'.U ; r FIRST PARTY
C�CORAO's 27—ce( 6
7-, c>4,-4/
Attest:
Its...l„hlgiX.IS _d
Its
SECOND PARTY
STATE OF COLORADO,
}ss.
COUNTY OF ADAMS. JJ 114.— The foregoing instrument was acknowledged before me this 15 day
,
k'17 as
by ,� cI. Q1 .���.!� .'�6:1....`. `���-lam as
President and k' as Secretary of N\A
hi LA • a " c .corporatl0n.
-.
Witness my hand and notarial seal. ti ��
� '�` t\ n ' c'
My commission expires 9
STATE OF at)
'�11��,,,,tt ,�, ss.
COUNTY OF.Vitt a.LL1S
``The foregoing instrument was acknowledged� before \C me this ) day
ofW:. ?r , I r:!,: by ...A.O\':T ci ,AA
as .1
and as
of
cororation. Csc:.
UIrkrT "i71
Witness my hand and notarial seal. n o rb i u
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My commission expires CA' \:�. D.1
ublic
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4 of 4 D 20.00 D 0.00 03:23P
eld County CO
•
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DOCUMENTATION OF APPROVED AMENDED RECORDED EXEMPTION
AND APPROVAL OF A SUBSTANTIAL CHANGE FROM THE ORIGINAL USE
BY SPECIAL REVIEW
• Letter from Planning staff, dated April 13, 2001, approving the Amended
Recorded Exemption.
• Letter from Planning staff, dated February 26, 2001, stating the application for an
amended recorded exemption was being processed.
• Application page and questionnaire submitted by AgPro Environmental Services,
requesting an amended recorded exemption.
• Deeds
• Approval by the Weld County Board of County Commissioners granting a
substantial change to the property, dated August 15, 2001.
• Listing of all parcel numbers related to the various applications:
- 131128300051
- 131128100049
- 131128000050
THt DEPARTMENT OF PLANNING SERVICES
W �. RECORDED EXEMPTION
O ADMINISTRATIVE REVIEW
COLORADO
Applicant: Scott and Susan Busker AmRE-2098 Planner: JAC
Legal Description: Lots A and B of RE-2098, located in part of Section 28, T2N, R67W of the 6T" I
P.M.,Weld County, Colorado
Parcel ID#: 1311-28-100049, 1311-28-000050
Lot C Size: n/a Lot B Size: 135 +/- acres Lot A Size: 7 +/- acres
Water Source: Private wells
Sewer System: Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code
and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-80 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40.8.1 through 24-8-40.6.6 of the Weld County Code have been met. This
• Recorded Exemption is approved with the following conditions in accordance with information submitted in
the application and the policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The source of water for your lots is proposed to be a well. You should be aware that the quantity of
water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each
situation is unique,we encourage you to contact the Office of the State Engineer, Division of Water
Resources,to discuss your individual situation.They are located at 1313 Sherman Street,Room 818,
Denver, Colorado 80203. Their phone number is 303-866-3581.
3. Prior to recording the plat:
A. The plat shall be titled: Amended Recorded Exemption No. 1311-28-1 AMRE-2098
B. Lot A shall use the existing residential access point as no additional accesses shall be granted.
C. Lot B shall use the existing residential, agricultural, oil and gas and ditch road access points
necessary for agricultural operations as no additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP) is Weld
County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
E. Weld County Road 17 is designated on the Southwest Study Area Capacity Improvements
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.
Weld County Road 19 is designated on the Southwest Study Area Capacity Improvement Needs
as a collector status road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.A total of 40 feet from the centerline of Weld County Road 19
shall be delineated on the plat as right-of-way reservation for future expansion of Weld County
Road 19. This road is maintained by Weld County.
F. The applicant shall provide the Weld County Department of Planning Services with a certificate
from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A,
B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed
within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. .
Any construction within a 200-foot radius of any tank battery or 150-foot radius of any
wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld
County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Prior to the release of building permits on Lot B, the lot owners shall verify with the
nearest Town/City or Sanitation District to determine the location of the nearest sewer
line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure, a septic
permit cannot be granted by the Weld County Department of Public Health and
Environment.
4) All construction or improvements occurring in a geological hazard area as delineated by
the Colorado Geological Survey shall comply with Overlay District requirements of
Chapter 23, Article V, Division 2 of the Weld County Code.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
6) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-10 of the Weld County Code.
7) The approved configuration of Lot B does not constitute justification for further land splits.
8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the
intent of the Recorded Exemption Process.Approval of this Recorded Exemption does
not guarantee approval of future applications on adjacent properties.
9) All mobile homes as accessory farm uses are temporary. Allowance of the mobile
homes shall be extended only if the use continues to be in conformance with the criteria
established in Section 23-4-170 of the Weld County Code. The mobile homes shall be
• removed from the property if the mobile home cannot be legally permitted for an
approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code.
10) Effective December 1, 1999, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Southwest Weld Road Impact Program
Area 3. (Chapter 20, Article II of the Weld County Code)
11) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens,field work, harvest, and gravel roads; odor from animal confinement,silage, and
manure;smoke from ditch burning;flies and mosquitoes;and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening
the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with
agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols
of the county and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after
a major snowstorm. Snow removal for roads within subdivisions are of the lowest
priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
•vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of
the farmer's livelihood. Parents are responsible for their children.
4. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County
Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder.
The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County
Code. The plat shall be submitted within sixty(60)days from the date of approval by the Weld County
Department of Planning Services. The applicant shall be responsible for paying the recording fee.
5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to the
Weld County Board of County Commissioners with a staff recommendation for denial.
C
rl "< ' "!,' , Date April 13, 2001
Julie A. Chester Planner Ill ((
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue ft Greeley, CO 80631
I Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
February 26, 2001
AgPro Environmental Services
Attn: Sharyn Frazer
4311 Highway 66 Ste 4
Longmont, CO 80504
Subject: AmRE-2098 A Recorded Exemption located on a parcel of land described as Lots A& B of RE-
2098, located in part of Section 28, Township 2 North, Range 6 of the 6th P.M., Weld County,
Colorado.
Dear Ms. Frazer:
Your recorded exemption application is being processed. If it is determined that the application meets the'
approval criteria of Chapter 24, Article VIII of the Weld County Code, you will be notified that the recorded
exemption is approved. If the staff determines that the application does not meet the approval criteria, you
will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will
be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration 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 Dacono, Firestone, and Frederick Planning Commissions for their review and comments. It is
recommended that you and/or a representative be in attendance at the Dacono, Firestone, and Frederick
Planning Commission meetings to answer any questions the Commission members may have with respect
to your application. Please call the City of Dacono at 303-833-2317, the Town of Firestone at 303-833-3291
and the Town of Frederick at 303-833-2388, for further details regarding the date, time, and place of these
meetings.
If you have any questions concerning this matter, please call me.
Sincerely,
Julie Chester
Planner
nEPARTMENT OF PLANNING SERVICES
is N. 17th Avenue, Greeley, Colorado 80(
Phone (970) 353-6100, Ext. 3540 -Fax#(970) 304-6498
APPLICATION FOR AMENDED RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Legal Description: Lots A&B of RE-2098 located in part of Section 28,T2N,R67W of the 6th P.M.,Weld County,
Colorado.
Total Acreage: Lot B—84.679 acres, more or less!Lot A-6.997 acres, more or less Zoning:Agriculture
Parcel Numbers: Lot A: 131128100049/Lot B: 131128000050
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes_X No
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes X No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No_X_; Airport: Yes_ No_X_; Geological Hazard: Yes_ No_X_
FEE OWNERS OF PROPERTY
Name: Scott D. and Susan J. Busker Home Phone#303-833-3294 Work Phone#303-833-3317
Address: 7678 WCR 17 City/State/Zip Code: Ft. Lupton, CO 80621
Applicant or Authorized Agent: AgPro Environmental Services, LLC Phone#970-535-9318
Address: 4311 Highway 66, Suite 4 City/State/Zip Code: Longmont, CO 80504
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3,-lot
Recorded Exempon
Water Source Well Well
Type of Sewer N/A Septic
Proposed Use Pastureland Existing Single Family
Residence
Acreage 160 acres, more or less 7 acres, more or less
Existing Dwellings No Yes
Yes or No
Existing Dwellings Address (if applicable):
Larger Parcel Smaller Parcel
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals,or plans submitted with this application are tru and or'rectto the
best of my knowledge CActalfl '-,l . �jiZlLZ
Signature: Owner or Authorized A ent
1
Scott & Susan Busker Amended Recorded Exemption
Water Supply Statement
Lot A is serviced by a well (Permit# 043799-F). Lot B is serviced by a well (Permit#048600-F).
Copies are provided in this application packet.
There is presently no irrigation water available.
Sewage Disposal Statement
Lot A has an existing septic system in place permitted through the Weld County Department of Public
Health and Environment. Should Lot B be developed in the future, permits will be applied for at that
time.
Description of Property Use
Lots A & B are in the agricultural zone district, listed as non-prime farmland. There is a single-family
residence located on Lot A, and vacant farmland on Lot B.
Reason for Amended RE/Lot Use Explanation
When the original recorded exemption was processed the Planner recommended that the natural
ditch be utilized as the division line. Scott and Susan Busker would like to enlarge Lot A, which is
the site of the single-family residence by 1.24 acres and re-define Lot B. The remaining property not
located within the Recorded Exemption boundaries is an 80 acre parcel.
Location, Size, & Present Use of the Area
The property is located approximately 5 miles northwest of Ft. Lupton, between Weld County Roads 17
north of Weld County Road 16, south of Weld County Road18. Lot A will be approximately 7 acres and
Lot B will be approximately 160 acres.
Unique Physical Characteristics
N/A
Setback and Offset Statement
All structures and any proposed structures do and will meet minimum setback and offset requirements
for the zone district.
Conservation Easement Statement
The applicant does not wish to place a conservation easement on the property at this time.
2
Building Envelope Statement
Building envelopes can be designated if requested by Weld County Planning Department.
Weld County Comprehensive Plan Consistency
This amendment to Recorded Exemption RE-2098, is consistent with the comprehensive plan in a
number of ways. While conserving farming in the area it coincides with similar single-family residences
located within the surrounding area. This project is not large enough to be considered urban in scale.
Compatibility With Surrounding Land Uses
The agricultural/residential uses of this property are compatible with the surrounding similar uses in the
area.
Consistency With Intent of District
This proposal will not interfere with agricultural work, production or activities, which will make it
consistent with the Agricultural Districts intent (Weld County Code Sections 22 & 23). Uses by Right
within the A (Agricultural) zone district allows residential and farming activities.
Consistency With Efficient and Orderly Development
This amendment safeguards the interest of the public with the possibility of new development that does
not take away from the natural beauty of the area. Safety issues include fire and rescue services
available, the opportunity to obtain well and septic permits along with electric and telephone should
future residences be constructed. The existing uses on these lots does not hinder any of the
surrounding farming operations by keeping existing irrigation for the needs of the existing farms and
ranches and preserving all of the surrounding farm production. This amendment is consistent with
efficient and orderly development as defined in the Weld County Code, Section 24-1-30.
3
Original Recorded Exemption
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. VICINITY MAP IP
SCALE: 1" = 1500'
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Amended Recorded Exemption
20 I 21 22
WELD COUNTY ROAD 1E
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--- - OT B
- -
29 i \ \ \ # 27
DAIRY SITE LOT A
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WELD COUNTY ROAD 16
32 33 34
VICINITY MAP
SCALE: 1" = 1500' N
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
1111 H Street, P.O. Box 758, Greeley, CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970) 304-6497 '1 I,
-Sk
1. Applicant Name Sc k '4" SO.—SO-Xi 2-r Phone 303 -033 3dqzt-
Address City State Zip
2. Address or location of access
Section cRe? Township A Range /01
Subdivision Block Lot
Weld County Road # 19 Side of Road 1+.) Distance from nearest intersection e 301
3. Is there an existing access to the property? Yes 'I"- No # of accesses
4. Proposed Use: / '
❑ Permanent eI Residential/Agricultural O Industrial Qr f � P
O Temporary O Subdivision O Commercial Er-Other
5. Site Sketch
Legend for Access Description: wog- IS * let,*
AG = Agricultural 19g.
RES = Residential
O&.G = Oil &Gas
D.R. = Ditch Road 1 Cr"
IS
3 2
w t le
**********************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
O Installation authorized O Information Insufficient
Reviewed By: Title:
7
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