HomeMy WebLinkAbout990190.tiff HEARING CERTIFICATION
DOCKET NO. 99-06
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1202 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT(DAIRY)FOR 3,500 HEAD
OF CATTLE IN THE A (AGRICULTURAL) ZONE DISTRICT - SCOTT BUSKER
A public hearing was conducted on February 3, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that: pursuant to a notice dated January 20, 1999, and duly published January 23,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Scott
Busker for an Agricultural Service Establishment (dairy) for 3,500 head of cattle in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Julie Chester, Department of Planning Services representative, presented a brief summary
of the proposal and stated the site is located one-half mile from the Town of Firestone and is
partially included within Firestone's Urban Growth Boundary Area. Ms. Chester explained the
Planning Commission's motion to favorably recommend said Permit did not pass and was,
therefore, deemed denied. She further stated as a Use by Right the applicant currently operates
a dairy at the site without guidelines; however, approval of the Permit would, through Conditions
of Approval and Development Standards, require dust control and abatement,fly control, and waste
water handling plans. Ms. Chester stated proposed Conditions of Approval and Development
Standards also mitigate any conflicts with the urban area, as discussed in Section 4.3.h.ii of the
Intergovernmental Agreement with Firestone. She then showed a video of the site, marked
Exhibit P.
Responding to questions from Commissioner Baxter, Ms.Chester explained the original application
was for 4,500 head of cattle; however, upon request of the Planning Commission, the applicant
changed the number to 3,500. Responding to Commissioner Geile, Ms. Chester stated this is a
Non-Conforming Use by Right which has been operating for the past four and one-half years.
Responding to Commissioners Kirkmeyer and Geile, Ms. Chester explained the permit is for 125
acres only, which would allow 500 animals by right; therefore only the 125 acres would have to
comply with Conditions of Approval and Development Standards. The other 80 acres will not be
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considered as part of the permit, even though as a Use by Right, the contiguous acres could be
used to determine the number of animal units. Ms. Chester also clarified there are seven existing
residential trailers, as well as one used as an office. This Permit would increase the number of
trailers to fifteen, or eight additional trailers. Responding to Commissioner Baxter, Ms. Chester
stated this did not start as a violation, the applicant came in and discussed possibilities with staff
and decided to apply for the Permit. She also stated conversations with Bataa Oil Company
regarding Conditions of Approval and Development Standards indicated no conflicts or concerns.
Responding to Commissioner Geile, Trevor Jiricek, Health Department, explained the dust
abatement, fly, odor, and waste water and manure handling plans have been received; however,
normal procedure is that the plans are reviewed and approved by the Health Department after the
hearing but prior to recording the plat. Responding to Commissioner Vaad, Ms. Chester explained
the concerns addressed by Bruce Nickerson, Planner for the Town of Firestone, in his letter of
November 16, 1998 (Planning Commission Exhibit 38) were addressed with the addition of
Development Standard #7 requiring compliance with all Uniform Baseline Standards described in
Ordinance#201,which is also referred to as the Intergovernmental Agreement with Firestone. She
stated it appears Firestone's main concerns deal with landscaping, screening, and lighting. Mr.
Jiricek indicated for Commissioner Baxter that two complaints were received by the Health
Department prior to the Planning Commission Hearing;the first on December 12, 1997, concerning
manure being hauled onto the site for composting, which the applicant ceased to haul after
notification, and the second on October 26, 1998, concerning excess flies, which were not
observed during an on-site visit by staff the following day. Mr. Jiricek reiterated no complaints were
received regarding overflowing lagoons and wastewater running down ditches. Responding to
Commissioner Baxter, Mr. Jiricek stated the Use by Special Review Permit would require
compliance with CAFO regulations.
Scott Busker, applicant, stated his request is for 3,500 head, of which 1,800 are mature milking
cows, 450 are dry cows, and the remainder are dry stock. He stated the dairy is currently milking
700 cows; however, he feels the expansion is necessary for the current and future financial viability
of his dairy. He staled he moved to this site in 1994 and is surrounded by agricultural uses; he has
planted 100 mature trees and shrubs, along with other improvements he has made to the property;
he feels he is a good neighbor; his herd health is excellent; and a quality bonus was received on
his product. Mr. Busker indicated his composting business is an asset to him since i1: helps deal
with the waste material.
Tom Haren, Enviro Stock, Inc., represented the applicant and stated 3,500 is the number being
considered today. He presented Animal Unit Density and Animal Feeding Operation Comparison
Tables, Marked Exhibits Q and R. Mr. Haren also presented a map, marked Exhibit N, which is
an updated version of the one used in the Planning Commission Hearing, and indicated the location
of the site in conjunction to Firestone and its Urban Growth Boundary which cuts Mr. Busker's
property in half. To meet the concerns of Bataa Oil Company, Mr. Haren stated the composting
was moved more to the north where there is vacant land and it would not impede oil well access;
however, the applicant will have to move some utility lines out of the way. Mr. Haren reviewed the
CAFO regulations, requirements, and penalties, for surface and ground water protection. He also
indicated the lagoon is designed for a capacity of 44 acre feet in order to maximize evaporation,
handle a major storm event causing four inches of rainfall creating 17 acre feet of runoff. Mr.
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Haren also discussed nuisance controls, stated the plans are included in the application, and
indicated Mr. Busker has already spent nearly $10,000 for fly control and extermination.
Responding to Chair Hall, Mr. Haren explained, using Exhibit N, that pens 10, 11, and 12 are
existing while pens 1 through 3, and 13 through 24 are proposed; although currently nine pens are
in use. Mr. Haren responded to Chair Hall that the eight trailers shown near the concrete irrigation
ditch are proposed and discussed the benefits of trailers being used as accessory to the farm units,
rather than permanent structures.
Responding to Commissioner Kirkmeyer, Mr. Haren stated the topmost pond is proposed and
contains 18% acre feet. He further stated the other ponds are existing and he has suggested
modifications to Mr. Busker, such as cleaning, changing flows, etc. He explained if ponds were
existing prior to 1992, on-site proof of lining does not have to be provided; however, if the State has
an issue or question, they can request proof. Also in response to Commissioner Kirkmeyer, Mr.
Haren stated Mr. Busker stopped bringing material in to use for composting after the one violation.
He now understands he needs to get a Certificate of Designation if he wishes to do so. Mr.
Morrison clarified for Commissioner Kirkmeyer that in the past we have not treated the processing
of manure generated on-site as a commercial operation, it has been treated as part of the use by
right in an agricultural operation. Responding to Commissioner Kirkmeyer, Mr. Haren explained
the composting operation is regulated only as to its affect on the ground water or runoff.
Mr. Haren answered Commissioner Kirkmeyer's concerns about whether the 80 acres should be
included in the permitted area, since the request is for only 125 acres; however, he said he
currently has 800± total animal units on the 125 acres as a Use by Right. Responding to
Commissioner Kirkmeyer regarding concerns of surrounding property owners regarding flies, odor
problems, truck hauling and traffic, and trash by the dairy, Mr. Haren discussed the urban/rural
conflicts that arise in similar mixed use neighborhoods. He also indicated, using Exhibit S, the
number of Recorded Exemptions, Subdivision Exemptions, other Use by Special Reviews, and
Accessory to Farms within a one-mile radius of the dairy. Mr. Haren stated others in the area have
maximized the use of their properties, and Mr. Busker is only trying to do the same; he also stated
the two houses directly south of the dairy sold for $320,000 last year, therefore, property values
are going up, not down. Responding to Commissioner Kirkmeyer, Mr. Haren stated Mr. Busker's
awareness has been increased through the process of applying for this Permit; therefore, his past
performance will not continue into the future.
Responding to Commissioner Vaad, Mr. Haren stated no material, including carbon sources, can
be brought onto the property without obtaining a Certificate of Designation. Mr. Jiricek clarified
there are new composting regulations which exempts composting operations incidental to a dairy
or feedlot, as well as any carbon sources which are not a concern regarding nuisances; therefore,
staff's interpretation is not to require a Certificate of Designation unless manure is being brought
onto the site. In response to Commissioner Geile, Mr. Haren indicated the pen management is
more intensive than a feedlot; dairies harrow pens to a degree that will keep the cows comfortable,
sometimes every day; pens are totally cleaned and dug out and hauled into the composting area
two or three times per year; the piles in the composting are are then, with special machines, put
into windrows. Responding to Commissioner Geile regarding the 15:1 threshold rule for odor, Mr.
Jiricek stated the State exempts dairies; however, the County does not, and it is measured by our
staff and enforced by the Board of County Commissioners in case of a violation.
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Responding to Commissioner Baxter regarding spillage from the property in the past, Mr. Haren
stated the existing ponds are five years old and need maintenance; however, there is a natural
contour to the slope, and Mr. Busker is only required to manage runoff which comes into contact
with manure, not anything that is up gradient. In response to Chair Hall, Mr. Haren stated the
existing trailers each have an individual sewage system. Mr. Jiricek stated the permits have to be
obtained from the Health Department prior to recording the plat. At that time staff will determine
whether the number of units and density is acceptable to the Health Department.
In response to Chair Hall, Mr. Haren explained Weld County Road 17 is the main entrance for
trucks, equipment, and employees; however, a few exit on Weld County Road 18 but no traffic
counts have been accomplished by the applicant. Traffic then travels on Road 17 to Highway 52.
Don Carroll, Department of Public Works, stated two counts were done which show an average of
48 vehicles per hour. In response to questions from Chair Hall, Mr. Carroll further explained the
total for the 24-hour count was 93 and the 48-hour count was 186. He stated the County normally
uses 200 as a guide to require paving, dust control, etc.
(Recess until 1:30 p.m.)
Upon reconvening, Commissioner Kirkmeyer clarified with Mr. Haren that the applicant is
requesting approval for 3,500 head; although no decrease can be made in employee housing
needs. In response to questions from Commissioner Kirkmeyer, Mr. Haren stated the ratio
commonly used between employees and animals is 1:1,000 for feedlots, 1:100 for dairies. He
reiterated the eight additional units include future needs. He also stated the applicant can use
individual leech fields or a shared leech field, depending upon requirements of the Health
Department. Mr. Jiricek stated the correct number would be easier to determine when processing
the permits. Mr. Haren concluded his presentation with an invitation for the Commissioners to visit
the site.
Will Wimmer represented his brother, Hans Wimmer, although both are surrounding property
owners. He said his brother and he moved to this area from Wisconsin in the late 1980's to attend
Colorado State University. They purchased the adjacent property on January 17, 1998, to operate
a landscape/irrigation business and received their first notice regarding this dairy while they were
moving. Mr. Wimrner stated their main concerns are with the trees and shrubs they are in the
process of growing, since dust and insects would definitely impact growth of his trees and plants.
He stated the property is worth well over $7,000 per acre and is in high demand. He feels the
applicant's property is adequate to handle the number of animal units allowed as a Use by Right;
however, he is against the expansion. Mr. Wimmer showed a video, marked Exhibit U, he filmed
of the dairy from his property, and stated his property line is one-eighth mile from the dairy.
Dale Tanaka spoke in favor of the applicant and the dairy industry. He reminded the Board
members that Weld County is ranked first in the State in milk production, 21"in the nation and that
Colorado ranks 4th in the nation; indicating the number of dairies in this area.
Dave Mallory, surrounding property owner, presented a map, marked Exhibit W, which is a copy
of the map shown on the display, and shows 16 houses in the area. He expressed concerns about
potential negative impacts on those 16 families, namely nuisance factors, and stated the increase
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in Health Department resources, manpower, and budget ends up coming from the taxpayer's
pocket. Mr. Mallory stated the expansion will limit what he can do with his property, which is
currently prime development property. He discussed the urban/rural conflict and stated the
increased nuisance factors of the dairy will limit his possibilities and indicated he has no faith in
controls over the expanded dairy. Responding to Chair Hall, Mr. Mallory stated he has lived on that
property for 13 years.
Diana Evans, surrounding property owner, presented a letter, marked Exhibit T, and a display of
two maps, dated October 14, 1997, and April 22, 1998, marked Exhibit V. Using exhibits X, Y, and
Z, she pointed out the changes that were made on the property during the six-month period
between October of 1997 and April of 1998. She also questioned whether the applicant is out of
compliance with the Accessory to the Farm by not living in the principal dwelling on the dairy. Chair
Hall stated questions may be raised; however, the applicant will be given time to answer the
questions in his rebuttal. She stated the expansion will cause problems of an increase in manure
to be handled; additional trailers with leech fields and septic systems; the increased traffic; the
applicant no longer living on the 125 acres; the topography of the land which does not slope; the
water has run into barrow pits; and the lagoons and berms. She stated the lagoons currently on
the property were riot there when CAFO went into effect, they were not engineered under CAFO
regulations, and the site is on the State "to inspect" and complaint list. Ms. Evans reiterated that
13 of the 16 homes were there prior to the existence of the dairy. Responding to questions from
Commissioners Geile and Kirkmeyer, Ms. Evans stated the six existing lagoons are not lined or
engineered. She also stated she thought when she wrote the letter it would be adequate to have
the manure management, odor control, dust abatement, and other nuisance control plans to be
returned to the Board of County Commissioners for approval; however, she now feels since he has
not been able to follow the rules in the past there is no reason to let him expand.
Ray Sagehorn, applicant's veterinarian, discussed the health of Mr. Busker's herd, his excellent
corral management, and the dry corrals which result in a well-managed dairy overall. He offered
his support for this expansion. Responding to Commissioner Baxter, Mr. Sagehorn stated he has
not seen any runoff problems and stated that this was a very bad year for flies; however, Mr.
Busker did not seem to have any problem with them.
Ms. Chester statec there is currently one Planning Permit for a Principal Dwelling for a Mobile
Home and there are eight Accessories to the Farm Permitted on the 125 acres. One Principal
Dwelling is a Use Allowed by Right in the Agricultural Zone District; however,the operator does not
have to live in it. All the mobile homes on the property do have the proper Zoning and Building
Permits at this time.
Bruce Nickerson, Planner for the Town of Firestone, stated the Town is regretfully against this
proposal. He presented the Firestone Land Use Map and the Comprehensive Plan Map dated
August 14, 1997, marked Exhibit AA and BB, consecutively. He indicated the town limits of
Firestone, which are within one-half mile of the expansion site, as well as the Urban Growth
Boundary Area. Mr. Nickerson indicated, on the Comprehensive Plan Map, the 2,000 residential
units which are currently approved adjacent to the expansion. Mr. Nickerson stated the Agricultural
Uses were not anticipated, therefore, they were not included in the Uniform Baseline Standards.
He reiterated the conflict and litigation issues will have to be resolved as they occur. He stated the
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Town does support Mr. Busker operating at its current size; however, not the expansion.
Responding to Commissioner Geile, Mr. Nickerson said if the top of the application area was
outside the Urban Growth Boundary Area he would probably not be here today; however, the
intensity of the area is a natural conflict with this type of expansion. Mr. Nickerson agreed with
Commissioner Kirkmeyer that the boundary line was not an arbitrary line, it was placed where
Firestone could provide services, particularly water and sewer. Mr. Nickerson also agreed with
Commissioner Kirkmeyer that the intent of the Intergovernmental Agreement was not to give extra-
territorial jurisdiction to any of the municipalities. Commissioner Kirkmeyer also pointed out the
Commissioners did not see expansion of agricultural uses as new development; however, Mr.
Nickerson stated the Town would like to see the Board of Commissioners use discretion and not
promote expansion within the Urban Growth Boundary.
Sam Light,Attorney for Firestone, thanked the applicant for attending the Town Meeting and giving
them further information on this project. He reitereated the Town is not opposed to the existing
facility or the Use by Right numbers, which total 880 animals for 240 acres; however, it feels a
fourfold increase is excessive. Mr. Light stated the burden is on the applicant to show he meets
all the standards and regulations which he has not done; the future development of affected
municipalities will cause conflict; and the approved Intergovernmental Agreement gives the Board
of Commissioners discretionary approval for development within the Urban Growth Boundary
Areas. Mr. Light stated the neighborhood is not compatible. He asked whether the Conditions of
Approval require compliance with State regulations on water quality and if the Standards comply
with Ordinance #201 as to buffering, landscaping, and lighting. When asked by Commissioner
Kirkmeyer whether suitable mitigation measures have been taken or if there are suggestions for
other Conditions of Approval or Development Standards, Mr. Light stated the Conditions of
Approval are helpful; however, with the close proximity to towns, conflict is inevitable,
Lanelle Meis, Firestone Trustee, stated she has been there ten years and discussed the demand
on property in the past few years. When Mr. Busker bought his property four and one-half years
ago, he knew the population in the area was greatly increasing. The Town is only trying to promote
orderly growth.
(10-minute recess ltaken.)
Upon reconvening, Virginia Shaw, representing Saint Vrain Concerned Citizens, indicated the
Urban Growth Boundaries in this area, when totaled up without overlaps, comes to 100 square
miles. She stated her group was concerned about keeping agricultural uses within those areas.
Ms. Shaw spoke in favor of the application as long as the Environmental Standards are enforced.
She indicated denying the expansion will set a precedent for the future and for other municipalities
to follow.
John Rout, Colorado Dairy Farmers, stated the Busker Dairy has a Grade A Permit; the State
Health Department will inspect the facility twice a year; the EPA will begin inspections on CAFO
facilities handling over 1,000 animal units; therefore, the applicant will either meet State and
Federal regulations or be out of business.
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Kate Cary, adjacent property owner, stated they were very good friends with the Buskers until this
issue came up because they were on opposite sides of the fence. She stated Mrs. Busker
admitted they could do more to mitigate nuisances, although the have been impacting the
neighbors. She said the dairy should have to meet the Best Management Practices required by
Section 47 of the Weld County Zoning Ordinance. Responding to Commissioner Baxter, Ms. Cary
stated they have lived at their current location for six years.
Joe Heaton, surrounding property owner, described an incident in September when he was out of
town for one week, the flies were so bad on the door they had to spray them before they could
even enter the house. He stated the kids can't play in the yard because of the flies, they live east
of the dairy, and have been there for eleven and one-half years.
Glen Brent Coan, Attorney representing Irene Schutt and Eugene and Elroy Moreno, stated his
clients have already lost enjoyment of their property; they are fearful of health hazards; and the
facility has not been operated with concern for the neighbors. He discussed the application being
incomplete, and reviewed a summary of the Weld County Comprehensive Plan, marked
Exhibit DD. He said he would prefer the Board to have final approval over all the plans for
nuisance abatement, as was done with the Hirsch dairy, and indicated the Longmont Soil District
concerns do not seem to have been met. Mr. Coan also discussed the problems inherent in
combining the two parcels into one to figure animal units when they have a concrete ditch, which
is deeded, dividing the property into two parcels. He stated County rights-of-way and roads severs
the continuity; therefore the applicant is currently exceeding the number of animal units on 125
acres. After further discussion of these issues, Mr. Coan asked the Board to limit the dairy to 1,000
head.
Brett Cary, surrounding property owner, stated he agrees with those speaking in opposition at this
hearing and is also opposed to it. There being no one else wishing to speak, public testimony was
closed.
Mr. Haren presented a letter from Bill Wailes, CSU Extension Dairy Specialist,who could not return
after lunch to testify. Mr. Haren reviewed the comments written by Mr. Wailes and discussed the
differences between the type of cows within the dairy in intake and waste production. He felt the
focus should be on those differences, and stated he believed the plans presented will work
extremely well regarding stocking rates and waste managment.
Responding to Commissioner Vaad, Mr. Haren stated he surveyed the six existing lagoons, and
he does not have verification of lining in those lagoons; however,they were designed by Mr. Busker
in conjunction with someone from the Extension Office, and by State law they have to be verified
upon request of the State. If substandard, they will have to be redone. Responding to
Commissioner Baxter, Mr. Jiricek stated you have to meet CAFO regulations, as a dairy, when you
reach 714 milking cows, but you also have to take into take into account the dry cows, heifers, and
young calves also on the dairy. Mr. Jiricek stated that, assuming Mr. Busker is in compliance with
the numbers of animal units per acre, once he crosses the 1,000 head barrier, he should have
evidence that his lagoons are lined. The State regulation is self-implementing, which means they
do not have to go apply for a permit, somebody from the State does not come out to look at pond,
it is Mr. Busker's responsibility to comply with that regulation. In the event of a complaint, someone
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from either the County Health Department or the State Health Department would go out and ask
for evidence that the ponds are lined and for a copy of the Manure and Waste Water Handling
Plan. Commissioner Baxter clarified with Mr. Jiricek if the USR were to pass, Mr. Busker would
have to provide evidence that all the existing ponds meet the criteria found in CAFO, as well as the
new proposed ones. Commissioner Kirkmeyer reiterated that if the USR dies not pass, Mr. Busker
will still be under the CAFO regulations and, upon complaint, would have to provide evidence of
compliance.
In response to Commissioner Geile, Mr. Haren stated Mr. Busker has had problems in the past
when he was not focusing on business. Now that he is more aware of the various areas of
compliance he will improve, and Mr. Haren stated Mr. Busker has good management ability to run
a good dairy. Responding to Commissioners Baxter and Vaad, Mr. Busker explained the
composting process, stating it is a 60-day process. He harrows his pens weekly and hires an
outside company to windrow on a continual basis. Responding to Chair Hall, Mr. Busker stated his
domestic water is from two permitted wells and an eight-inch main runs down Weld County Road
17 which can service if necesary.
Mr. Busker responded to Commissioner Kirkmeyer that he was not fully aware of the State, CAFO,
and County regulations until he started through this process. He said in the past six months he has
acquired a better uiderstanding of what regulations need to be met. He also responded that he
was aware Firestone was one mile away; however, the Town limits have changed since he moved
in. Responding to further questions from Commissioner Kirkmeyer, Mr. Busker stated the lagoons
are lined by clay compaction, although they are not engineer-certified; he believes he can meet all
the Conditions of Approval and Development Standards; and indicated he chose this property
because it was zoned for agriculture.
After further discussion, Commissioner Kirkmeyer moved to deny the request of Scott Busker for
a Site Specific Development Plan and Special Review Permit #1202 for an Agricultural Service
Establishment (dairy)for 3,500 head of cattle, based on the fact that the applicant has not met the
burden of proof, nor has he demonstrated that he has met Sections 24.4.2.3, 24.4.2.4, 24.4.2.7;
it is questionable whether the applicant can ever be in compliance with the Conditions of Approval
and Development Standards, especially since he is not currently in compliance with CAFO or State
regulations; there s no guarantee the applicant can even implement all the Conditions and
Standards that are being recommended; and she voted against the the Mobile Home Permits which
came before the Board in 1995 for this dairy because at that time she did not believe they were
compatible with the surrounding area, they were not in harmony with the neighborhood, and she
did feel they would adversely affect the immediate area. The motion was seconded by
Commissioner Geile, who stated he questions whether the dairy is in currently in compliance and
whether he could comply with any more regulations. (Changed to Tape#99-05.) Commissioner
Kirkmeyer added that with this type of rural/urban conflict it is up the Board of County
Commissioners to be certain the applicant can meet all the Conditions of Approval and
Development Standards before approving this type of application. Commissioner Baxter stated he
agrees with Commissioner Kirkmeyer, and the others have been in this location much longer than
the dairy, therefore he will reluctantly vote to deny. Commissioner Vaad commented that he will
vote against the motion and said he lives near another area similar to this one which he does not
fight since it was there first; he does not want to limit the income capacity for the dairy with a denial;
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and he feels the person moving into the country has to be aware of the conflicts. Chair Hall stated
this application is in conflict with the Comprehensive Plan and is trying to minimize the and around
it. He feels the County should assist the municipalities maintain each Urban Growth Boundary
when possible. On a call for the vote, it carried four to one, with Commissioner Vaad opposed.
This Certification was approved on the 8th day of February, 1999.
APPROVED:
ATTEST: Lu I < BOARD OF COUNTY COMMISSIONERS
• F�= �(�� OUNTY, COL RA
Weld County Clerk to tha . a`
xaz Qeo Dale K. Hall, Chair BY: Deputy Clerk to the At d-/
Ltic„4 G -L4. 2(-d- ///1.-
U m m` � rbar J. Kirkmeyer, ro-Tem Lt
TAPE #99-03, #99-04, #99-0' ' mac/
George . xter
DOCKET#99-06
M. JJ.. f eile
Glenn Va
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF FEBRUARY, 1999:
DOCKET #99-04 - MEGAN HARPER
DOCKET #99-06 - SCOTT BUSKER
PLEASE Iegibiy write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1202 - SCOTT BUSKER, dba BUSKER DAIRY, c/o ENVIRO STOCK, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Thomas Haren Letter to Continue w/Hearing
F. Larry & Kim Richmeier Letter of opposition
G. Bud & Joyce Hunziker Letter of opposition
H. Jack & 13etty Gaetzinger Letter of opposition (1/20/99)
Albert & Violet Bety Letter of opposition (1/20/99)
J. Joe Heaton Letter of opposition (1/25/99)
K. Department of Agriculture Letter dated 01/05/99
L. Brett & Kate Cary Letter of opposition (1/27/99)
M. Irene Schutt Letter of opposition (1/26/99)
N. Enviro Stock, Inc. Map of dairy w/# of animal units
O. Thomas Haren, Enviro Stock, Inc. Ord. #146 - Town of Firestone
P. Department of Planning Services Staff video
Q. Scott Busker, Applicant Animal Unit Density Comparison Table
R. Scott Busker, Applicant Animal Feeding Operation Comparisons
S. Scott Busker, Applicant Diagram of other uses in surrounding
area
T. Gilbert & Diana Evans Letter of opposition, dated 01/28/99
U. Will Wimmer Video of dairy from his property
V1N2. Diana Evans Two Aerial Photos 10/14/97 & 4/22/98
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Exhibit Inventory Control Sheet - USR #1202, BUSKER
Page 2
W. Dave Mallory Map dated 10/14/97
X. Diana Evans Busker Dairy Comparison of Aerials
Y. Diana Evans Existing Plat over Aerial Photo dated
4/22/98
Z. Diana Evans Proposed Plat over Aerial Photo dated
4/22/98
AA. Bruce Nickerson, Firestone Firestone Land Use Map
BB. Bruce Nickerson, Firestone Firestone Comprehensive Plan Map
CC. Department of Planning Services staff Mobile Home Permit Resolution
DD. Glen Brent Coan, Attorney for Summary of Comprehensive P Plan
Schutt and Moreno
EE. Applicant Statement from Bill Wailes
FF. Diana Evans Map dated 10/14/97, showing cutouts of
surrounding residences
GG.
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