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HomeMy WebLinkAbout20013277.tiff Lauren Light- InvUsr1356.wpd Page 1 INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: Scott and Susan Busker/Busker Dairy CASE#: USR-1356 SW)m/fled or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Department of Planning Services' Staff Review X 3 Department of Planning Services' Field Check X 4 Legal Notice X 5 Evidence of Posting X 6 Letter to Applicant X 7 Letter of Authorization X 8 Application X 9 Vicinity map X 10 Site Layout, submitted by applicant X 11 Aerial Map of Area X 12 Map depicting Frederick and Firestone Urban Growth X Boundaries 13 Referral List, Referrals without Comments X 14 Weld County Department of Public Works, referral received X 09-05-01. 15 Weld County Department of Public Health and Environment, X referral received 09-24-01. 16 Weld County Cooperative Extension Agent, referral received X 09-24-01. 17 State Division of Water Resources, referral received 09-24-01. X 18 Town of Firestone, referral received 09-27-01. X 19 Town of Frederick, referral received 10-01-01. X 20 Deed(s)/Certificate of Conveyance X 21 Surrounding Property/Mineral Owners X 22 Forty-two Letters of Support submitted by the Applicant X 23 Letter from John R. Hendersen,Attorney at Law, received X 11/01/01 24 Letter from Thomas and Carolan Dunn, received 11/01/01 X 25 Letter from Bud Hunziker, Joyce Hunziker, Kim Richmeier, Larry X Richmeier, Pat Hunziker,Zane Nelson, received 10/31/01 26 Letter from Will Wimmer, Hans Wimmer received 11/12/01 X 27 Soil Survey X 28 color site rendition X 29 map from Diana Evans X 30 letter from Firestone 11-20-01 X 31 trib editorial X Item(s)submitted at Planning Commission: I hereby certify that the 31 items identified herein (Inventory of Items for Consideration-Case # USR-1356) were submitted at or prior to the scheduled Planning Commission Hearing. I,ftyrtherr certify that ele i ems were subsequently forwarded to the Weld County Clerk to the Board's Office. T Laura] Light+Planner 4 EXHIBIT 2001-3277 I (Ask.#1,35‘o Page 1 '4 , ' LAND USE APPLICATION wok SUMMARY SHEET COLORADO Case Number: USR-1356 Hearing Date: November 20, 2001 Applicant: Scott and Susan Busker Planner: Lauren Light 7678 Weld County Road 17 Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit 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 (a dairy of 1,450 head of cattle, with two additional mobile homes as accessory to the farm) in the Agricultural Zone District. Legal N2SW4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld Description: County, Colorado Location: East of and adjacent to Weld County Road 17; approximately 1/2 mile south of Weld County Road 18 Size of Parcel: +/- 80 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received 9/24/2001 • Weld County Department of Public Works, referral received 9/13/2001 Weld County Cooperative Extension, referral received 9/24/2001 • Fort Lupton Fire Protection District, referral received 9/10/2001 • Longmont Soil Conservation District, referral received 9/6/2001 USDA-APHIS Veterinary Service, referral received 9/10/2001 • Division of Wildlife, referral received 9/23/2001 State of Colorado, Division of Water Resources, referral received 9/24/2001 Town of Frederick, referral received 10/1/2001 • City of Dacono, referral received 9/28/2001 • Town of Firestone, referral received 9/27/2001 • Weld County Zoning Compliance, referral received 10/16/01 EXHIBIT ' a� Page 2 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Attorney's Office • School District RE-8 • Stanley Ditch Company Page 3 ��r\ SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Case Number: USR-1356 Hearing Date: July 17, 2001 Applicant: Scott and Susan Busker Planner: Lauren Light 7678 Weld County Road 17 Fort Lupton, CO 80621 Request: A Site Specific Development Plan and a Special Review Permit 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 (a dairy of 1,450 head of cattle, with two additional mobile homes as accessory to the farm) in the Agricultural Zone District. Legal N2SW4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld Description: County, Colorado Location: East of and adjacent to Weld County Road 17; approximately'/mile south of Weld County Road 18 Parcel Size: +/- 80 acres Parcel Number: 1311 28 300051 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.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 economic health as well as continuance of agricultural. Page 4 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%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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)Zone District.Section 23-3-40.B.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 Agricultural Zone District the history of the applicant's previous land use requests is essential. The applicant applied for a dairy of 4500 head of cattle on approximately 130 acres in 1999. The Planning Commission recommended reducing the number of head of cattle to 3500 and the Board of County Commissioners subsequently denied the request for a Special Review Permit for 3500 head of cattle on February 3r° 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 Special Review Permit request. The revised configuration resulted in the applicant owning property to the north of this Special Use Review 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`h 2001. It was determined at that hearing that since the applicant was reducing the number of head of cattle from 3500 hundred on 130 acres to 1450 on 80 acres, and the 80 acres to be utilized for the proposed expansion would be located outside of Firestones Urban Growth Boundary, that a substantial change in the facts and circumstances were justified. 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 2010 head of cattle would be allowed on the entire acreage currently owned by the applicant if this Special Review Permit is approved. Staff Page 5 believes the applicants request for 1450 head of cattle on 80 acres is consistent with the intent of the 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 23-2-220.A.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, 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 Confined Animal Feeding Operation (CAFO) 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 less cattle. Although dust, odor and flies are frequently a concern with dairy operations, from adjacent property owners, the applicant is required to submit specific plans to the Weld County Health Department which address the above issues. Those plans are reviewed and approved by the Weld County Health Department and the applicant is responsible to operate the dairy in compliance with the approved plans. If complaints are received the Weld County Health Department will investigate and if there is a problem noted the applicant risks the possibility the Special Use Permit could be revoked by the Board of County Commissioners, after appropriate public hearings. Since there are numerous regulations involved which the applicant is required to adhere to, staff believes the use will be compatible with the existing surrounding land uses. d. Section 23-2-220.A.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 they do not support this application as the uses are not compatible due to the close proximity of the dairy to the Town. They also believe the expansion is inconsistent with the IGA between Page 6 Firestone and Weld County. Firestone did not specify how the proposal was inconsistent with their 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." Staff believes the use is consistent with the IGA as the proposal is located outside of Firestones IGA boundaries and specific Development Standards will mitigate impacts to adjacent properties. The Town of Frederick indicated they have concerns with this request. They are concerned with how the site will be monitored for compliance with Health and Zoning Regulations. Planning staff has included a condition that requires the applicant to address the Town of Fredericks concerns. The State Health Department also has specific guidelines which the applicant must adhere to and the Weld County Health Department approves fly, dust, odor, manure and wastewater management plans which the applicant must operate in accordance with. e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. f. Section 23-2-220.A.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 23-2-220.A.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 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. Page 7 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the 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. (Department of Planning Services) 2. Prior to recording the plat: A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control (CAFO) 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 shall be submitted to the Department of Planning Services. Evidence of Health Department approval of the plan shall be submitted to the Department of Planning Services. This plan shall include, but not be limited to the following: 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. (Department of Public Health and Environment) 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 Regulations. The demonstration shall be conducted by a Registered Professional Engineer. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 4) A surface contour map which demonstrates all surface water control features on the site. This should include surveyed surface elevations, indicate flow direction, run-on control features, etc. (Department of Public Health and Environment) 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 Regulations. (Department of Public Health and Environment) Page 8 6) Demonstration that adequate measures are in place to prevent any discharges except those which are allowed by the CAFO Regulations. (Department of Public Health and Environment) 7) Other necessary measures which are required in order to comply with the CAFO Regulations. (Department of Public Health and Environment) 8) A description of the types of records that will be maintained on the facility, as required by the CAFO Regulations. (Department of Public Health and Environment) 9) A description of the pumping abilities to move waste water from the west lagoons to the east lagoon. (Department of Public Health and Environment) B. In accordance with CAFO, 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (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 right-of-way on the plat.This road is maintained by Weld County. (Department of Public Works) H. Conform to Section 23-2-260.D of the Weld County Code. (Department of Planning Services) Page 9 I. Submittal and approval of a Buffer/Landscape Plan to the Weld County Department of Planning Services which provides for 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 lighting on the site. (Department of Planning Services) 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Page 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BUSKER DAIRY/SCOTT AND SUSAN BUSKER USR-1356 1. The Site Specific Development Plan and Special Use Permit 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 (a dairy of 1,450 head of cattle, with two additional mobile homes as accessory 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. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 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. (Department of Public Health and Environment) 4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and Section 23-4-710 of the Weld County Code. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S. (Department of Public Health and Environment) 8. Any required CDPS Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Public Health &Environment. (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 Confined Animal Feeding Operations Control Regulations. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) Page 11 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 Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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 (associated with facility) complaints, and in the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. (Department of Public Health and Environment) 15. Any septic system located on the property must comply with all provisions of the Weld County Individual Sewage Disposal System Regulations. (Department of Public Health and Environment) 16. There shall be no burning conducted at the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations. (Department of Public Health and Environment) 17. The facility shall be operated in accordance with the approved Manure and Waste Water Management Plan. (Department of Public Health and Environment) 18. No cattle shall have direct access to Waters of the State except access that is allowed per the Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and Environment) Page 12 19. All feed alleys, including the approach road, shall be graded and surfaced with gravel to prevent drainage problems. (Department of Public Works) 20. Off-street parking adjacent to WCR 17 shall not be allowed. Utilize on site parking only. (Department of Public Works) 21. The hours of operation are up to 24 hours per day, 365 days per year. Equipment operations, trucks, farming activities and maintenance activities, other than emergencies, will occur primarily during daylight hours. (Department of Planning Services) 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. (Department of Planning Services) 23. At such time the dairy operation should cease, the mobile homes which are accessory to the 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. (Department of Planning Services) 24. Any deceased animals discovered on the site shall be removed from the site within 24 hours of discovery and disposed of properly. (Department of Planning Services) 25. The facility shall maintain compliance with Section 23-4-350 of the Weld County Code. (Department of Planning Services) 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. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 29. 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. 30. The 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. Page 13 31. 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. DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 I 1555 N. 17TH AVENUE WI D GREELEY, COLORADO 80631 C. COLORADO August 31, 2001 AgPro Environmental Services, LLC c/o Thomas Haren 4311 Hwy 66, Suite 4 Longmont, CO 80504 Subject: USR-1356- Request for a Site Specific Development Plan and Special Review Permit 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(a dairy of 1450 head of cattle,with two additional mobile homes as accessory to the farm) in the Agricultural Zone District. To Whom It May Concern: 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 November 20, 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 Dacono, Firestone, Frederick Planning Commission for their review and comments. Please call Dacono at (303) 833-2317, Firestone at (303)833-3291,and Frederick at(303)833-2388 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 Dacono, Firestone, Frederick 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. Respectfully, L3 (g-a . (1.)\(\r+--(4, - Lauren Light EXHIBIT Planner 6 e'ii { iII + ,l 4 jj , 1 4 , 'I phi l'ii Milk Barn/Office z—i r. Employee Housing 1I Existing Pens Proposed Location for New Pens t%Residence located to the south VAC."mos a ". •, . 970=535.1 Northern view along WCR 17 as-flit r an - View from WCR 17 to site View from WCR to pens N 9 k.+ Access road into dairy hot. 1 _ _ View of area for proposed pens from access road Property to the west of WCR 17 (both photos) South view from intersection of WCR 18 and WCR 17 North view to the intersection of WCR 18 and WCR 17 View from WCR 19, southwest to WCR 16 Both photos are view from WCR 18 to the south Both photos are homes along WCR 16, directly south of dairy o, View from WCR 19, west to dairy View of dairy from WCR 16 4 » 1 �� � 2 a < ? �. �: , a View east on WCR 16 from intersection of WCR wand WCR 17 \� y i » View north from intersection of WCR 16 and WCR 17 - 1- A \ 1, 4 Po s'i'b '110.6\6% EXHIBIT FIELD CHECK Inspection date: October 18, 2001 CASE NUMBER: USR-1356 APPLICANT: Scott and Susan Busker LEGAL DESCRIPTION: N2SW4 of Section 28, Township 2 North, Range 67 West of the 6th PM, Weld County, CO LOCATION: East of and adjacent to WCR 17; approximately IA mile south of WCR 18. Zoning Land Use N A (Agricultural) N Applicants property/cattle and compost E A (Agricultural) E Vacant S A (Agricultural) S Several homes W A (Agricultural) W Vacant/crop COMMENTS: The closest homes to the site are located directly to the south of applicants property. The overall dairy site appears very clean and the employee housing is well kept. Existing lagoons are adjacent to WCR 17 but are not visible due to the berm located along the road. Lauren Light, Planner EXHIBIT 3 Hello