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HomeMy WebLinkAbout991249.tiff .7.„.. 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GREELEY,CO 80631 RECEIVED CASE NUMBER: USR-1202 We would like to state our objection to the request for Scott Busker to put 4500 head of cattle on his dairy. Reasons for this objection. 1. Health Reasons. Family members suffer from asthma,and allergies. The dairy that exists now adds to these problems. 2. Envirmme1tally we are concerned about the ground water. 3. The flies. Our horse has had the virus from the flies. 4. The stench. We can no longer entertain outdoors,or do we enjoy outdoor activities like we have in the past. We can't open windows day or night. 5. Property value will drop. We have lived on our property fir 19 years and have seen what these-dairies o an airicsdo tarea. We have made ^` many improvements to our property and only feel that a bigger dairy will decrease our value of our home and the surrounding area. Please,Please do not pass this request. Thank you, Larry Ri eier and family. 8511 Weld County Road#116 Fort Luptm, CO 80621 r Brett and Kathleen Cary 7772 WCR Lupton,CO 1 Ft. 80621 Weld County Planning Dept. 303-833-3935 Weld County Planning Department OCT2 0 1998 1400 N. 1716 Avenue Greeley,CO 80631 RECEIVED Re: Busker Dairy Dear Sir or Madam: We are neighbors of the Busker Dairy and we understand they have applied for a permit to allow them to greatly expand their operation.There are approximately a dozen residences within'/mile of the dairy,most have been here since long before the dairy. Many of us were without notice when the dairy moved in. By and large we have adjusted to the comings and goings,however,we hope that their request will be denied for the following reasons. Traffic—Hay,feed,milk trucks,workers,compost/manure trucks,and assorted other business related trips, all on dirt roads. The dust,the traffic noise and the amount of traffic are already many times worse than before the dairy was there. Noise—At all times of the day and night we can hear trucks and heavy equipment operating at the dairy,in addition to the road traffic. The noise is constant,even h mile away. Smell—The current odors coming off the dairy are at times unbearable. There are two towns,Frederick and Firestone,down wind When we moved out here it was not to put up with these smells. Rather than adding more cows,we would like to see that the dairy be required to take active steps to reduce the offensive odors from the livestock they currently have. Pests—Vermin and flies are a constant problem at the dairy,and they travel to the nearby properties. Our fly problems have astronomically increased because of the daily. Amore proactive stance should be required to limit the current problems rather than adding to them. Property Values—Please stop to think about the impact that this request will have on so many people. For most of us,our homes are our largest investment. Our one holding that we have hoped would grow in value and provide us with the security all of us want. All of the surrounding homeowners would be adversely affected,thousands and perhaps millions of dollars in value would be lost.This translates to a great hardship for many. Doesn't the dairy's right to increased profits need to be limited by the financial hardship it can cause others? We hope that you will realize we can't ask for a special permit to maintain what we have built and worked so hard for. It is your responsibility to weigh the value of one family's desire to grow rich against the loss in value and an increasingly unpleasant environment to so many other families.The review process the dairy is going through is in place to allow foreclose and thorough review of the consequences. We believe it was also intended that more should be considered than just if the dairy has supplied the proper paperwork to obtain their special use permit. We hope that serious attention will be paid to the many surrounding homeowners. If it were possible for us to have applied for a special use permit to limit the many detrimental effects upon our property caused by the dairy,we would have done so. No hardship would be caused to the dairy by denying their request. We believe their right to grow wealthy ends when it is coming directly out of the pockets of their neighbors. They are asking for uses above and beyond the norm,which should not be granted lightly. We hope they won't be granted at all. titly pp v r v . Laitio, / October 30 , 1998 Weld County Planning Dept. Weld County, . Colorado Department of Planning Services NOV 0 2 1998 1400 North 17th Ave. Greeley, Colorado 80631 RE V EI Y E D Attn: Julie Chester, Planner V Y Ref: Busker Dairy - USR It 1202 Dear Commissioners: My husband and I have farmed at this location since 1983 and strongly object to the expansion of the Busker Dairy. The dairy is on land that is not only extremely sandy but has practically no slope since it was mechanically leveled for more efficient irrigation. This makes for poor drainage of the pens. Busker Dairy has been a poor neighbor at best. The flies this summer were so bad that on cool nights the white /^ siding of our house would be covered with flies seeking warmth. There is all night pen cleaning with not only the constant noise of the machinery but also the back-up beepers sounding off . The dairy uses the lagoon water to wash the barn alley and the stench can be so nauseating we have to close windows even on the nicest of evenings . Where is the 80 acre parcel they propose to irrigate? The headgates for irrigating his land have been removed and irrigating with straight lagoon water can cause overapplication and increased salinity. Uneven distribution can increase pollution potential and precipitation and evaporation must also be considered. This is also a seasonal option due not only to crop production but also freezing which limits or prevents winter application. Julie assured me that the. applicants representative, Tom Haren with Snvirostock, would provide us with the expansion map. (Planning was unable to duplicate the map with readable print) . I contacted Tom on October 19th requesting this information and he assured me he would send a copy and be glad to answer any questions. We have yet to receive the information or hear from Mr. Haren. This leaves us with more questions than answers and bewilderment with the lack of cooperation. page 2 of 2 Busker Dairy USR #1202 application The application states that the intent is to compost the manure and remove from the property for sale. The applicant has been composting manure for quite some time and has been cited by the Health Department for "receiving wastes other than those. generated on site". Scott acknowledged only six loads when in fact there were approximately 3 loads per hour for several weeks. We feel the applicant has been less- then forthright in the past and we question his. future actions based on past experience. We need to take into account the increased truck traffic removing this compost from the site. Our experience has been that there is significant semi traffic due to this composting practice. We would. also like the compost to be turned more often to reduce maturity of fly larvae Turning the compost several times per week would significantly reduce the flies. This is the practice used by MorningFresh Farms and makes for happy neighbors. MorningFresh is located near Platteville and has composted for years. The Busker Dairy is within the "Smart Growth" Inter-governmental Agreement planning area of the Town of Firestone. This agreement was reached after long. negotiation and discussion by the Weld County Commissioners and the Town of Firestone. I hope the intent of the agreement and the wishes of the Town of Firestone are foremost in the consideration of this application. Sincerely, Gilbert C. Evans Diana L. Evans ~7C- 19 Ft.Lupton,Lu CO 80621 . �l�Or n fl r October 26, 1998 Weld County Planning Dept. Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue OCT 3 0 1998 Greeley, CO 80631 Attention: Julie A. Chester, Planner RECEIVED RE: Case Number USR-1202 To whom it may concern: We strongly protest the granting of a permit to Scott Busker for 4500 dairy cows east of and adjacent to Weld County Road 17, south of Weld County Road 18 . As the neighbor directly south of this area, we are greatly concerned with the air, water, and land pollu- tion from this large of a herd. We feel this will reduce the value of our property, greatly affect our quality of life, and make resale of the property difficult. We also feel that the immediate community as a whole should be taken into consideration and that the size of the dairy herd already near that location is enough for this area. One man ' s gain should not be at the expense of everyone else. Sincerely, Albert W. & Violet A. Betz 8179 Weld County Road 16 Ft. Lupton, CO 80621 r October 28, 1998 Weld County Pl&!wiiq Dept Weld County Dept. of Planning Services OCT 3 0 1998 1400 N. 17th Ave. RECEIVED Greeley, Co. 8 30631 Attn: Julie Chester, Planner Re : USR-1202 - Scott Busker Dear Julie, Scott Busker told me in 1994 that he intended to start a small family dairy for him and his wife to operate. I approved of that and signed his petition. Now you inform me that he intends to have a herd of 4, 500 head. I strongly object to that. My husband and I moved here from our farm in Gfand Island, Nebraska in 1972 when we retired. We farmed over 1,000 acres and had a hog and beef operation. I believe the per acre/#of head limits have been set by knowledgeable people for justified reasons . Even with modern technology I don't think these limits should be exceeded. My reasons for this belief are the potential of reducing the quality of life for your neighbor farmer with flies, smell, dust and manure. Also the potential of reducing the health and quality of environment for the contained animals. I raffle a large vegetable garden to suppliment my income. The flies this summer were not only a nuisance but I feel they contributed to my higher than normal spoilage rate. There were days I entered my produce shed and could hardly see my boxed tomatoes for the flies setting on the produce. This expanded dairy operation not only has the potential of reducing my property value but of also reducing my garden income. Please deny this application. Sincerely, Ci v Js Irene Schutt 7707 WCR #19 Ft. Lupton, Co. 80621 (303) 833-2208 Weld County Planning Dept. OCT 191998 October 15, 1998 RECEIVED Department of Planning Services 1400 N 17'"Avenue Greeley,CO 80631 TO:Weld County Commissioners. RE:Case#USR- 1202 Name: Scott Busker For:request to increase present dairy herd from present level to 4500 head. The following is written in protest to the request of Scott Busker for dairy herds increase. I would like the commissioners to take a good look at the monster you have already created by allowing this dairy farm to even exist. The health problems that have been caused by this dairy are unbelievable. Our fly problem is so great that on Sunday, September 27, 1998 I was not able to leave my residence because of the heavy concentration of flies on my exit doors. I was forced to use Diazion by spray to remove the flies from our doors. The commissioners I am sure know what the health problems caused by the flies do to the people,especially to / the elderly in the area,which we have in this section.The odor from this dairy is so great that we are unable to leave our windows open at night. Also,I believe you need to check on violations by the Busker Dairy,with the Weld County Health Department for the addition of turkey by-products to his manure piles,this was stopped by the county. As a resident of this area for 1 l years and long before you approved the dairy I believe his request for enlargement of the daisy is not warranted. All the neighbors in the section agree with this statement. We also know that if this is approved Darrell Bearson has told neighbors that he will request the same herd increase. This will make those residents who live on WCR 19 within 500 foot of two dairies with a possible herd total of 9000 to 10,000 cows. Please consider the neighbors'problems and deny this request. Sincerely,cyarle5,eea-d B.Heaton 7625 WCR 19 Ft.Lupton CO 80621 Tel.#303-659-6857—home Tel#303-438-5530—office Fax#303-438-2197 N0Y 16 '9B 11:54AM P.1 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80831 Re: Case Number USR-1202 To Whom It May Concern: Our name Is Justin and Deborah Westmoreland and our property Is on the north border of the dairy owned by Scott Busker. We have concerns regarding the*pension proposal of the dairy. First and foremost, the expansion Itself is not a problem. Scott Busker makes his living in the dairy business and we do not wish to make his livelyhood any more difficult than it already Is. The concern lies within the management of the lagoons. When we grit normal amounts of minted' and or snow, the existing lagoons) run over and down the barrow ditch washing out our drive on County Rood 17. Flow will they control this? As with any expansion in any industry, there will be more waste, traffic, noise, dust and in this particular industry, more smell and files. It will also diminish our property value_ Other concerns include but are not limited to how they will manage the excess manure and what kind of fencing will be used to contain the livestock. If this proposal is allowed, we would like to gee a few stipulations the dairy must follow. We would like a buffer zone of at least 250 feet between our property line and the dairy and Its lagoons, with birms and landscaping in this space. We believe this will help control the noise and some of the dust from not only the dairy itself but also from the compost piles and when the panel are being damned. We would also Hite to know If the County is planning on paving Roads 17 and 18 since this expansion will obviously bring more traffic and tractorftraliors. The tract rltrallors have a tendency to turn dirt roads into washboards, as you well know, and the grader only comes once a week. We hope you will keep our interests in mind when considering this proposal. ay, Justin and Deborah Westmoreland p( 41498 40 C4ia)asz-1312. r^ 11/16/98 10:54 TX/RX N0.3343 P.001 ■ c:45:1Taktaca..44:,.. - November 6, 1998 Weld County Planning Dept. NOV 0 91998 RECEIVED Ms . Julie Chester, Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Re : Case Number USR 1202 Busker Dairy Expansion Dear Julie: In response to your letter of September 24, 1998 concerning Mr. Busker' s request for a Use by Special Review Permit, Bataa Oil, Inc. (Bataa) would like to make you aware of its rights pursuant to an Oil and Gas Lease recorded in Book 629 at Reception No . 1550984 by and between Martin T . Hart and Nadine M. Hart and Energy Minerals Corporation. Bataa currently operates three oil and gas wells on the subject property; the Cleveland #3, Cleveland #2 and Cleveland #7 . The Cleveland #2 and Cleveland #7 wells located south of the proposed pen area and compost area will require a 150 foot radius reserved for workover operations . In addition to the operations of these three wells, Bataa operates the Cleveland #1 and Cleveland #8 wells that are located on the adjacent property just north of the subject property. The Cleveland #1 and Cleveland #8 wells produce to a production facility on the subject property located just west of the proposed pond. In reviewing the Busker Dairy Map, it appears the flowlines for both the Cleveland #1 and Cleveland #8 wells traverse the northwest area of the proposed expansion where the pond and manure storage compost area are planned. Bataa objects to Mr. Busker' s request for expansion of the dairy operations where it interferes with Bataa' s current facilities . Bataa requests that the pond be relocated in an area away from the flowlines and that an area consisting of a 150 foot radius be reserved surrounding Bataa' s wells located on the subject property. y A.any 5801 WEST 11TH STREET, SUITE 300 • GREELEY, COLORADO 80634 • PHONE(970) 336-100 r- Page 2 Busker Dairy Expansion November 6, 1998 Any construction activities, excavating, digging, or trenching must be closely coordinated with Bataa so that flowlines traversing the property will not be damaged or encroached upon. In addition, Bataa must be allowed to maintain its access roads, surface equipment areas and subsurface flowlines for each well . Bataa from time to time may be required to perform workover operations on the wells that could create a great deal of noise for any livestock located nearby. This could directly impact Mr. Busker' s dairy operations and may result in loss milk production that Bataa will not be responsible for any related damage or losses . Bataa must be able to continue its operations on the subject property in a safe and efficient manner. We wish to avoid future loss or damage to both parties . If you have any questions or comments, please give us a call . r Very truly yours, BATAA OIL, INC. (L29 Coll4en Nealy Land Manager cc: Tom Haren r- I l OUTLINE OF REASONS FOR DENIAL OF BUSKER DAIRY USR I. Introduction. A. The County is considering a use-by-special-review for the expansion of an existing dairy operation to include 4,500 head of dairy cows or 6,600 animal units. 1. This is a very large operation with impacts more like an industrial processing facility versus a fanning/agricultural-type operation. B. The U.S.D.A. and E.P.A. recently published a draft Unified National Strategy for Animal Feeding Operations("Unified Strategy"). The document published by these agencies states that operations with 1,000 animal units are considered to be large operations(see Section 2.1 of National Strategy). 1. 85% of the farms with livestock in the United States have fewer than 250 animal units. Large operations with high animal units are definitely a minority within the farming and agricultural industry. 2. From 1978 to 1992, the average size based on animal units of dairies in the United States increased by 93%. a. But still only about 15% of those dairies have more than 250 animal units. 3. As part of the Draft Unified Strategy,the U.S.D.A. and E.P.A. cited reports from various states. a. In the 22 states that categorized impacts from specific types of agriculture, animal operations were identified as impacting about 35,000 river miles. 4. U.S.D.A. and E.P.A. in the Unified Strategy indicate that animal feeding operations pose a number of risks to water quality and public health because of the animal manure and waste water they generate. a. Manure and waste water from animal feeding operations have the potential to contribute pollutants such as nitrogen and phosphorus, sediment pathogens, heavy metals, hormones, antibiotics, and ammonia to the environment. b. Other reports discuss the public health hazards associated with E. coli /1 from cow manure. Outline of Reasons for Denial December 15, 1998 Page 2 5. In Section 3.3 of the Unified National Strategy associated with manure handling and storage,the U.S.D.A.and E.P.A suggest that"dry manure such as that produced in certain poultry and beef operations, should be stored in production buildings, storage facilities or otherwise covered to prevent precipitation from coming into direct contact with the manure." 6. Section 4.4, identifying priorities for the regulatory program and the Unified Strategy, states: Large facilities(those with greater than 1,000 animal units) produce quantities of manure that are a risk to water quality and public health whether the facilities are well-managed or not because the amount of manure is so large, a spill while handling manure or a breach of a storage system can release large quantities of manure and waste water into the environment, causing catastrophic water quality impacts and threatening public health. Land application of large volumes of waste requires very careful planning to avoid water quality and public health impacts. 7. This same report within Section 4.4 suggests that the aggregate water quality impacts on a watershed scale should be evaluated by the states when permitting confined animal feeding operations. The U.S.D.A.and E.P.A. are recognizing the aggregate effect on water quality of the continued approval of confined animal feeding operations. Additionally,these agencies state that site-specific water quality impacts should be analyzed. C. Recently, a dairy operator was sentenced to a jail term for clean-water violations. A news release distributed by E.P.A.'s Western Region Media Relations Office states, "This case reflects the growing national problem of how to handle millions of gallons of liquid and solid animal waste from factory-like farms. These farms contain thousands of pigs, cows, chickens, and turkeys that are confined on small plots of land." D. An article written for Industry News, a publication printed by the Marketing and Technology Group for the meat and poultry industries, states that according to the E.P.A., dairy cows produce between 70 and 120 gallons of waste a day("Jail Term for Clean Water Violators Signals Get Tough Stance on Livestock Producers," 330, 1998). n Outline of Reasons for Denial December 15, 1998 Page 3 II. Posting and Publication was Incomplete and Inaccurate. A. Weld County Zoning Ordinance Section 24.2.4 requires that a sign be posted for at least ten days prior to the Planning Commission hearing. 1. The sign posted at the entrance of the existing Busker Dairy operation was posted on November 6, 1998. 2. The sign was removed until after a meeting at the Town of Firestone on November 12, 1998. 3. The sign was again posted on the morning of November 13, 1998. 4. The public hearing was scheduled for November 17, 1998, and continued on that date. 5. The posting for this use-by-special-review as required by the Weld County Zoning Ordinance has mit been complied with. B. The sign that was posted at the entrance of the current Busker Dairy operation was inadequate. 1. Section 24.2.2.4.5 requires that the sign indicate the size of the parcel of land under consideration. 2. The sign posted at the property indicates only 125 acres are subject to this application. 3. But the dairy operation is proposing the use of an additional 80 acres "adjacent to the dairy facility" for purposes of waste water disposal. 4. The total acreage in this application is 205 acres. 5. Where are the additional 80 acres referenced in the application? Was it posted? Why didn't the posting at the dairy indicate 205 acres are subject to this application? 6. The posted sign was incomplete and inaccurate. C. The legal notice published in the Platteville Herald is incomplete and inaccurate. Outline of Reasons for Denial December 15, 1998 Page 4 1. The size of the parcel under consideration was indicated as 125 acres in the publication. 2. The actual size of the parcel under consideration in this application is 205 acres. III. The USR Application is Incomplete. A. The Planning Commission hearing is premature because the application is incomplete. 1. An applicant for use-by-special-review must demonstrate compliance with certain design standards"in the application" (Section 24.5.1). a. One of the considerations is whether adequate sewer services are available to the site to serve the uses permitted. There will be numerous residential structures placed on the site, and there is no sewer service available to the site. Also, the response from the Soil Conservation District indicates there are severe limitations as a result e., of the soils on the property, putting in question the acceptability of numerous individual septic systems on the site. b. Section 24.5.1.3 indicates that if soil conditions on the site present moderate or severe limitations to the construction of the facilities proposed for the site,the applicant must demonstrate how limitations can and will be mitigated. The applicant has not demonstrated how these soil conditions and the limitations therefrom will be mitigated. This is evidenced by the fact that the Planning staff is placing a condition on approval that, prior to recording the plat, the applicant demonstrate how the waste water retention facilities will be constructed in order to comply with Confined Animal Feeding Operation regulations. This information should have been provided in the application allowing the public an opportunity to comment on the applicants' proposed means of complying with the regulations. 2. Additionally, the application needed to include supporting documents pursuant to Section 24.7. a. The applicant was required to provide information regarding the proximity of the proposed use to residential structures; the size of stockpile storage or waste areas to be utilized;proposed landscaping Outline of Reasons for Denial December 15, 1998 Page 5 plans; a statement delineating the need for the proposed use; as well as a vicinity map. This information was not provided. b. None of the maps within the Planning staff's file contain the following information associated with the vicinity map required under 24.7.4.4: (1) The general classifications and distributions of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend of the vicinity map. The applicant has not submitted the information. (2) Locations and names of all roads,irrigation ditches,and water features. The vicinity map does not include all of this information. (3) The location of all residences within a half-mile radius. The vicinity map does not show the location of residences as ,e,,, required. c. The applicant was also required to submit a plot plan in the use-by- special-review application pursuant to Section 24.7.4.5. A plot plan was prepared by Powers Elevation Company, Inc., and last amended September of 1998. The plot plan provided by the applicant is missing the following required information. (1) No public rights of way of record are identified. The utility easements or rights of way for telephone,gas, electric,water, and sewer lines are not shown on the plat. (2) The location of areas of moderate or severe soil limitations as defined by the soil conservation service is not indicated on the plot plan. (3) The location, amount, size, and type of any proposed landscaping, fencing, walls, berms, or other screening are not shown on the plot plan. (4) The plot plan is devoid of complete traffic circulation and parking areas showing the locations and size of said features. r-. Outline of Reasons for Denial December 15, 1998 Page 6 (5) The inadequacy of the plot plan provided by the applicant is demonstrated by the conditions of approval recommended by the Department ofPlanning Services(please see items 2.A.(3) and(4)and 2.G. as well as 2.7.1 and 2.7.2). (6) The plot plan should have been amended prior to the completion of the application and the presentation to the Planning Commission in order to give the public the ability to comment on the specific details of the applicant's plot plan. d. Finally, the applicant was also required to provide supporting documents pursuant to Section 24.7.5 of the Zoning Ordinance. (1) Section 24.7.5.5 requires that a soil report of the site prepared by the Soil Conservation Service or a soils engineer or scientist be provided. Additionally, where a report indicates moderate or severe soil limitations, the applicant must detail the methods to be employed to mitigate the limitations. (a) The only soil report found in the Planning staff's file as ofNovember 13, 1998,consisted of photocopies from the Soil Survey of Weld County, Colorado's Southern Part prepared by the United States Department of Agriculture Soil Conservation Service. Exhibit 36 in the P.C.packet shows that even though the Longmont Soil Conservation District has identified the soils existing on the site,the appropriate sections of the Soil Survey describing those soils are not provided. Other soils are described in the Planning Commission packet. i) Staff provides information regarding Nunn loam soils and Nunn clay loam. Those soils are not identified by the Longmont Soil Conservation District. ii) Staff provides information regarding (47) Olney fine sandy loam, but not (44) Olney soils, which is identified by the Soil Conservation District. Finally,(72)Vona soils �., Outline of Reasons for Denial December 15, 1998 Page 7 are identified by the Soil District, but no information regarding said soil is provided in your packet. (b) Review soils information section of this outline. IV. Soils Information. A. Excerpt from October 15, 1998,letter from the Longmont Soil Conservation District: The soils on the site are (44 and 47) Olney, (72) Vona, and (51) Otero. These are all loamy sands or sandy loans. They all have severe limitations for sewage lagoons because of seepage. There are plans for septic systems on the property and the Vona soil has a severe limitation, with the other soils having moderate limitations. The (47) Olney and the (51) are prime farmland when irrigated (emphasis added). B. Excerpt from Soil Survey: Weld County, Colorado, Southern Part, p. 31 regarding "44--Olney loamy sand": This soil has good potential for urban development. The only limiting feature is the moderately rapid permeability in the substratum,which causes a hazard of ground water contamination from sewage lagoons (emphasis added). C. Excerpt from Soil Survey: Weld County, Colorado, Southern Part, p. 32 regarding "47--Olney fine sandy loam": This soil has good potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons(emphasis added). D. Excerpt from Soil Survey: Weld County, Colorado, Southern Part, p. 35 regarding "51--Otero sandy loam": This soil has excellent potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum,which causes a hazard of ground water r^ contamination from sewage lagoons(emphasis added). �., Outline of Reasons for Denial December 15, 1998 Page 8 E. Excerpt from Soil Survey: Weld County, Colorado, Southern Part, p. 47 regarding "72--Vona loamy sand": This soil has good potential for urban and recreational development. . . . The chief limiting soil feature is the rapid permeability in the substratum, which causes g hazard of ground water contamination from sewage lagoons(emphasis added). F. It is not appropriate to locate the large sewage lagoons and numerous septic systems proposed by the applicant in an area that has severe soil limitations for sewage lagoons. V. Analysis of the Planning Staff Recommendation. A. The staff has found that the submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance as amended.(See written comments regarding incomplete application.) B. Section 24.3: 1. The Planning staff finds that Section 24.3.1.1 has been met, which requires that the proposal be consistent with the Weld County Comprehensive Plan. (Please see Analysis of Comprehensive Plan Policies.) 2. The Planning staff indicates that the proposal is consistent with the intent of the district in which the use is located. The use found within the proposal is not permitted within the agricultural zone district unless the County Planning Commission and Board of County Commissioners find that a use-by-special- review is appropriate under the criteria expressed in the Zoning Ordinance. The applicant has the burden to prove that his application is appropriate and his enlarged use is compatible with the area. 3. The Planning staff finds that Section 24.3.1.3 is met and that the uses are compatible with the existing surrounding land uses. The Planning Commission should note the opposition to this proposal by the surrounding property owners and their indication to the Planning Commission that the proposed use is not compatible with the existing surrounding land uses. The staff has correctly identified that another dairy is located within a half-mile of the current applicant's dairy. The owner of the second dairy has indicated that if Mr. Busker is successful with this application, he will also apply for a Ir' use-by-special-review permit. Therefore,unless the County denies the second Outline of Reasons for Denial December 15, 1998 Page 9 permit,the County will be approving over 9,000 head of dairy cows within a half-mile of the surrounding property owners. 4. The staff finds that Section 24.3.1.4 has been satisfied and that the uses permitted under this USR will be compatible with future development of the surrounding area as projected by the Comprehensive Plan and Master Plan of Firestone. The Town of Firestone has commented in its referral that the proposal is not consistent with Firestone's comprehensive plan. Additionally, the Town of Firestone has commented that the proposal is not consistent with the Baseline Development Standards created as a part of the intergovernmental agreement involving Firestone and Weld County. Finally, the Town ofFirestone also indicates that the approval of this USR will violate the express terms of the intergovernmental agreement involving Firestone and Weld County. The Planning staff tries to minimize the Town of Firestone's opposition by stating that suitable mitigation measures to be imposed by the County will eliminate or adequately mitigate adverse consequences. The County's staff has not expressed any conditions of approval or development standards that are in addition to the minimal regulatory requirements for this �. use. None of the conditions or development standards go to mitigating the adverse consequences resulting from this USR application. All of the conditions of approval and development standards simply go to compliance with state and federal regulations. 5. This proposal does not lie within any "overlay" districts, but this proposal does lie within the urban growth boundary for the Town of Firestone, which is controlled by an intergovernmental agreement. This effectively created an overlay district for the area. 6. Although the Planning staff finds that Section 24.3.1.6 is satisfied, the staff does not express how the applicant will be conserving prime agricultural land in the locational decision for the proposed use. Prime agricultural land will be taken out of farm production and used for waste water lagoons, manure stockpiles, and composting facilities as well as stock pens if the USR is approved. 7. The staff finds that Section 24.3.1.7 has been satisfied by the applicant. The staff believes that the conditions of approval and development standards ensure the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. As stated above, the conditions of approval and development standards are simply an expression of the minimal regulatory requirements for this operation. The regulatory requirements are Outline of Reasons for Denial December 15, 1998 Page 10 not site specific, and neither the applicant nor the staff has addressed site- specific considerations for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Because this is a site- specific review process, the applicant should be required to provide site- specific information regarding local hydrology, soils conditions, and other information so that the County staff and the public in general can evaluate and comment on the proposal as it specifically relates to this subject parcel. a. Remember the Soil Conservation District letter and Soils Survey information. This is the only site specific information provided. C. Analysis of Conditions of Approval: 1. The staff indicates the conditions of approval must be met within thirty days of approval by the Board of County Commissioners. The conditions reflect items that are more appropriate for the application stage in order to give the public an opportunity to comment on the same. 2. The staff establishes a condition that prior to recording the plat,the applicant must meet the requirements of 2a through 2k including the subrequirements 1 through 7 found in 2a. In order for the public to provide adequate comment regarding the applicant's proposal,the items found in Conditions 2a through 2k should be addressed in very specific detail as a part of the application and not subsequent to the public's opportunity to comment. The applicant has simply indicated that he will comply with regulations, and the staff is simply requiring that the applicant comply with regulations. There is no specific discussion with regard to how the applicant will comply with the Confined Animal Feeding Operations Regulations,the Air Quality Control Commission Regulations, and Water Quality Control Commission Regulations on this specific site given the particular soil conditions evidencing severe limitations and other site-specific considerations. Items such as a dust abatement plan, fly control plan, odor control plan, etc. should be submitted prior to the approval of this permit so the public will have an opportunity to comment on the same. The staff is effectively shifting a substantial portion of the application process to a post-public hearing consideration by the staff only. The fact that the staff is requiring a dust abatement plan,fly control plan,odor control plan, and also a manure and waste water plan"prior to recording the final plat" indicates the application materials submitted by the applicant attempting to address these issues are inadequate at this time. Outline of Reasons for Denial Pas December 15, 1998 Page 11 D. Comments Regarding Staff Development Standards for the Busker Dairy: 1. Standard 4: Shouldn't the Health Department specifically define manners of disposal of liquid and solid waste that will protect against surface and groundwater contamination from this site? 2. Standard 11: The staff indicates the surface beneath the manure storage areas shall be of materials which are protective of state waters. Shouldn't the staff indicate specifically what these materials should be and how these materials should be maintained in order to protect the state waters? 3. The staff has not addressed the baseline development standards found within the intergovernmental agreement with the Town of Firestone. 4. The staff references certain sections of the Zoning Ordinance for purposes of evaluating compliance with the approval conditions in the future. The County staff should specifically itemize the requirements found within the subject Zoning Ordinance sections so that in the future, if and when the Ordinance is amended,there is no confusion with regard to the obligations of the applicant if this USR is approved. VI. Analysis of Comprehensive Plan. A. Page 2-2 of the Comprehensive Plan states, "It is important that Weld County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial, and industrial uses." 1. The approval of the applicant's use-by-special-review permit does not reduce the potential for conflicts in this area. The approval of the use-by-special- review permit will increase the level of conflicts between agricultural uses and residential, commercial, and industrial uses. B. A. Policy 2 states that agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. 1. The Soil Conservation District has found prime agricultural land exists on the site. The approval of this use-by-special-review permit will remove prime agricultural land from production. Outline of Reasons for Denial ("' December 15, 1998 Page 12 2. The USR proposal also allows numerous residential units to be located on the property. There are enough residential units to be considered "urban-scale residential development" under the Zoning Code and Comprehensive Plan. The location of this urban-scale residential development is within a very intense, industrial-like, agricultural use. C. Page 3-3 of the Comprehensive Plan recognizes that when growth at the municipality/county level is not coordinated, problems such as incompatible adjacent land uses and inconsistent engineering standards occur. 1. Approval of this USR is not consistent with coordinated planning since it is within Firestone's Urban Growth Boundary,and Firestone has determined the proposal is incompatible with its master plan. D. The first sentence of page 3-2 states, "When a municipality and the County enter into an urban growth boundary agreement, the County agrees to abide by the municipality's vision for future development in the area." 1. The proposed project is within the Firestone urban growth boundary, and an existing agreement with regard to the future development of the area is in place. Firestone believes this proposal violates both its comprehensive plan as well as the intergovernmental agreement. 2. Paragraph 4.3(g) of the IGA states, "To the extent legally possibly pursuant to the Plan and the County's land use regulations as described in Section 3.2, the County will deny proposals for Non-Urban Development in the Urban Growth Area." a. In order to comply with the urban growth boundary provisions in the comprehensive plan,the County must comply with Paragraph 4.3(g) of the intergovernmental agreement with Firestone. E. UGB.Goal 1 states that Weld County will assist each municipality in establishing an intergovernmental urban growth boundary agreement. 1. Weld County has encouraged Firestone,Frederick, and Dacono to enter into an agreement regarding the urban growth boundary for each municipality,and the approval of this application will "fly in the face of' the previously approved intergovernmental agreements with these municipalities. r Outline of Reasons for Denial December 15, 1998 Page 13 F. UGB.Goal 2 states that the "County will concentrate urban development in or adjacent to existing municipalities. . . and maintain urban growth boundary areas that provide an official designation between future urban and non-urban uses." 1. This project is within an urban growth boundary area that provides an official designation between future urban and non-urban uses. The proposed USR creates a non-urban use in an area designated for urban uses. G. UGB.Goal 3 states that the County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, etc. 1. The County and Firestone should coordinate the land use planning for this property. The County and Firestone have developed policies and standards under which any development within the urban growth boundary must comply. It appears the County has not considered those standards in evaluating the appropriateness of the specific proposal put forth by the applicant. H. The Comprehensive Plan does not support the approval of this application. The Planning staff has only cited one goal and one policy within the Comprehensive Plan that supports the approval of this application. Contrary to those two provisions,there are numerous other provisions that indicate this proposal should be denied. 1. See 2.a. of staffs reasons for recommending approval. r- Deeebt15.InvmAroN\ooaMENTOU .wenT December 19.1991 Weld County, Colorado USR #1202 Busker Dairy December 1998 Weld County Planning Commission Dear Sirs & Madams : Please find attached a compilation of Actual Property Value of all the homes of surrounding property owners in the immediate area of the Busker Dairy expansion. The owners-of the properties pictured are strongly opposed to this expansion. To recap I would like to note that all of these records were obtained from the Weld County Assessors office. Total actual value of all Total Actual Property surrounding property owners Value, 1998 Type listed on applicants 9/28/98 "Certificate of Mailing" : $1, 798,456 8 agricultural 4 residential Total actual value of all surrounding property owners NOT listed of Cert. of Mailing: $ 268, 631 2 agricultural Total actual value of surrounding property owners opposed to usr 1202 and in immediate area of dairy: $ 351,426 4 agricultural Grand total "Total Value" of opposed owners : $2418, 549 14 agricultural 4 residential _Properties in this report are only owners who have made their objections known by letter to planning and/or attendance to this meetinr or the previous two meetings cancelled 11/17/98 & 12/1/98. Typically properties located near a confined feeding operation of this intensity loose 30% of the property value. That loss would be $725, 565. 00. Can county justify this loss for these owners? Respectfully Submitted, Gilbert & Diana Evans 7987 Weld County Rd. #19 Ft. Lupton, Co. 80621 (303) 833-4720 SURROUNDING PROPERTY INNERS AND/OR SUBSURFACE ESTATESANTEREST OWNERS Scott Busker USR-1202 Total Actual Property !� Value, 1998 Tyne Gilbert and Dianna Evans 79871MCR 19 883, 275 Agricultural Ft Lupton,CO 80621 EH and Elva Marino 8800 WCR 18 $293 , 348 Residential Ft Lupton,CO 80621 Bud and Joyce Hunziker ' 7073 WCR 19 $207 , 172 Agricultural Ft Lupton,CO 80621 • Phillip Camenisch 10504 WCR 7 Unknown if opposed Agricultural Longmont,CO 80501 David Mallory 7549 WCR 16 $112 , 124 Agricultural Ft Lupton, CO 80821 Deborah and Justin Westmoreland 7812 WCR 17 $74, 620 Agricultural Ft. Lupton, CO 80621 Big Sky Venture,LLC 24WC 17 Willmer, Wil Ft Lupton, CO 80621 $109 , 750 Agricultural e Albert and Violet Betz 8179 WCR 16 $196 ,426 Residential Ft Lupton,CO 80621 Wayne and Mary Lockwbod 8275 WCR 16 $187 , 383 Residential Ft. Lupton, CO 80621 445V1 R15 8243 , 248 Residential 8445 WCR 16 FL Lupton, CO 80621 Joseph and Virginia Heaton 7825 WCR 19 $193,474 Agricultural Ft Lupton,CO 80621 . Irene Schutt 770 WCR 19 FL Lupton,CO 80621 $97 , 636 Agricultural HS Resources, Inc. 1999 Broadway, Suite 3600 Subsurface interest only, Unknown if opposed. Denver,CO 80202 BataaOil, Inc. Subsurface interest only, letter in planning file 2500 W.29th Streetopposing expansion of Busker Dairy CC CO806 808311 Greeley, CERTIFICATE OF MAILING I hereby certify that t have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR- 1202,in the United States Mall, postage prepaid First Class Mail�byy letter ass addressed on the attached list this 28th day of September, 1998. / Weld County USR--1202 Busker Dairy Surrounding property owners NOT notified with "Certificate of Mailing", Total Actual Property Richmeier, Lawrence & Kim Value, 1998 Type 8511 WCR #16 Ft. $126 , 352 Agricultural Lupton, Co. 80621 Black, John D. & Susan C. 8076 WCR #18 $142, 279 Agricultural Ft. Lupton, Co . 80621 Surrounding property owners opposed to expansion and in immediate area of dairy (I.E. across road and/or adjacent to dairy. ) Their opposition has been voiced via letter to Planning and/or attendance to todays or--.previously delayed hearings about this matter. Total Actual Property Goetzinger, J.J. & Betty J. Value, 1998 Type 7128 WCR. #19 Ft. Lupton, Co. 80621 $43, 527 Agricultural Wilson, Richard L. or Elizabeth 6707 WCR #19 $159, 339 Agricultural Ft. Lupton, Co . 80621 Cary, Brett R. & Kathleen 7772 WCR #16 $51, 290 Agricultural �- Ft. Lupton, Co. 80621 Spurling Thomas E. III & Diana 6648 WCR #19 $97, 306 Agricultural Ft. Lupton, Co. 80621 RECAP Total actual value of owners opposed and on Certificate of Mailing: $1, 798,456 Total actual value of opposed surrounding property owners NOT on "Certificate of Mailing": $268, 631 Sub-total Surrounding property owners opposed to expansion: $2, 067 ,087 Additional Adjacent opposed owners total actual value : $351 ,426 Grand Total Actual Value of surrounding property owners opposed to expansion: $2 ,418, 549 1998 Value Attachments : Weld County Assessors printout of individual properties reviewed here: 20 pages Pictures of many properties included with the assessments . Gil & Diana. Evans Respectfully submitted: 7987 WCR #L9 Ft . Lupton. 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