HomeMy WebLinkAbout991241.tiff RECEIVED
OCT 0 9 1998
Lu CNTY
PUBLIWEC WORKOUS DEPT
Weld County Referral
O September 24, 1998
'
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Scott Busker Case Number USR-1202 •
Please Reply By October 15, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Use by Special Review Permit for a
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
for 4500 head of cattle in the Agricultural Zone District.
•
•
Legal Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado
Location East of and adjacent to Weld County Road 17; south of Weld County Foad 18.
Parcel Number 1311 28 000042
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 17, 1998
❑ We have reviewed the request and find that it does/does not comply with our Compreh )nsive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
•
Signature Anti,
h s.c � Date i 0 - Y ap
Agency Il. . 11 'L '' I v'�
•-Weld County Planning Dept. •.1400 N. 17th Ave. Greeley, CO. 80631 •.(970)353-6100 ext.3540 :•(970)352-6312 fax
•
rn4991241
t7s-4," , MEMORANDUM
ITO: Julie Chester, Current Planner DATE: October 27, 1998
CFROM: Donald Carroll, Engineering Administrator Vee
COLORADO• SUBJECT: USR-1202; Scott Busker
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS
WCR 17 is designated on the Transportation Plan Map as a local gravel road and is maintained by Weld County.
The Town of Firestone has annexed to the corner where WCR 17 and WCR 18 meet, they will need a referral
packet.
REQUIREMENTS:
During my site investigation on October 23, 1998, I noted there are two main accesses to the facility. The northern
access accommodates oil and gas facilities and the dairy operation. The southern access appears to be the main
entrance to the facility. There is adequate site distance at both locations. Both roads are graded and drained and
are well maintained.
The off site parking appears to be adequate for the facility and the circulation appears to be good. I have no conflict
with either item.
The storm water drainage will be referred to the Weld County Health Department as it involves agricultural type
usage.
The last average daily traffic count, at this location, was done in 1996 and was 84 vehicles in a 24 hour period, we
are presently doing a recount. When this new information is provided, additional requirements may be required
by the Planning Commission.
cc: USR-1202 Weld County planning Dept
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. MEMORANDUM
To: Julie Chester, W.C. Planning Date: Octob CP, 1998
CFrom: Trevor Jiricek, W.C. Health Departme
� Re: Scott Busker/Busker Dairy (USR-1202)
COLORADO
The Weld County Health Department has reviewed this application. We have compiled
numerous recommended conditions and standards. We have attempted to simplify ow referral
by separating the proposed conditions into conditions of approval and development standards.
The following are recommended to be conditions of approval:
1. Prior to recording the plat:
A) The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulation. This shall be demonstrated by submitting
a comprehensive manure and waste water management plan, for a 4,500 head
dairy, to the Weld County Health Department for review and approval. 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 constructed and sized
to handle a twenty-five year,twenty-four hour storm event. This shall be
conducted by a Registered Professional Engineer .
(2) Demonstration that any existing or proposed waste water retention will be
constructed in accordance with the criteria described in the CAFO
Regulations. The demonstration shall be conducted by a Registered
Professional engineer.
(3) A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses
through the property, manure storage areas, lagoons, etc.
(4) A surface contour map which demonstrates all surface water control
features on the site. This should include surveyed surface elevations,
indicate flow direction, run-on control features, etc.
(5) Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations.
11 EXHIBIT
Scott Busker/Busker Dairy
October 28, 1998
Page 3
7. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended.
8. 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.
9. 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.
10. 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).
11. The facility shall be operated in a manner which controls odor. 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. The odor
abatement plan shall be implemented at the request of the Weld County Health
Department 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.
12. The facility shall maintain records on-site, available for inspection during business hours,
at all times, which demonstrates the following:
A. That the waste water collection and storage facilities are adequately constructed,
and sized to handle a 25-year 24-hour storm event.
B. The manner in which manure and waste water has been removed and applied to
land. This should also include any agreements between the facility and other
parties concerning the off-site removal of manure or waste water for land
application,treatment or disposal.
C. The method in which waste water and/or manure will be applied to land,
including the procedure which will be used to insure that agronomic rates are not
Scott Busker/Busker Dairy
October 28, 1998
Page 4
exceeded.
13. A spillage retention berm shall be required around any fuel container with a volume
greater than 50 gallons. The volume retained by the spillage berm should be greater than
the volume of the largest tank inside the berm.
14. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with the approved fly control plan. Additional fly control
measures shall be implemented at the request of the Weld County Health Department 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 Health Department 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.
15. Any septic system located on the property must comply with all provisions of l:he Weld
County Individual Sewage Disposal System Regulations.
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.
17. The facility shall be operated in accordance with the approved manure and waste water
management plan.
tj\1118
/Veld County Planning Dept.
OCT 2 3 1998
cin,,T,Tho
Weld County a erra9
O September 24, 1998
e
COLORADO
The Weld County Department of Planning Services has received the following item for review:
r "
Applicant Scott Busker1. Case Number USR-1202
Please Reply By October/ 1998 Planner Julie A. Chester
.Project Site Specific Development Plan and Use by Special Review Permit for a
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
for 4500 head of cattle in the Agricultural Zone District.
Legal Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to Weld County Road 17; south of Weld County Road 18.
Parcel Number 1311 28 000042
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated Please reply by the above listed date so that we may
give full consideration to your recommendation Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any fuither questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 17, 1993
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
X See attached letter.
Comments:Signature 47;7,,,,,,_ Date 28/,2,3/7/
Agency kcal/ ( d s;oN
•}Weld County Planning Dept. :•1400 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 .2(970)352-6
+ IXHISIT
.
Colo�o
TJniverslty
Cooperative Extension
Colorado State University
\Veld County Extension Office
425 North. 15th Avenue
Exhibition Building.Island Grove Park
Greeley,Colorado 80631
October 23, 1998 (970)356-4000 Ext.4465
FAX:(970)351-0415
Julie Chester, Planner
Weld County Planning Department
1400 N 17th Avenue
Greeley, CO 80631
Dear Ms. Chester:
I have received and reviewed Scott Busker's request for a Use by Special Review Permit, Case
Number USR-1202, to expand his diary's capacity to 4500 head. In addition, a site inspection
was made and I visited with Mr. Busker to become more familiar with his proposal.
The size of the proposed facility will require it to adhere to Confined Animal Feeding Operation
(CAFO) Regulations. There appears to be adequate evidence in the plan that these regulations
have been considered in the planning phase. The location of the proposed facility is very rural
with other livestock facilities in the near vicinity.
While it does not appear on the maps, language is included in the questionnaire that states the
intent to provide "landscaping and appropriate buffers" on the north side of the proposed manure
storage/composting area which I highly recommend. Corral space of proposed facilities is
adequate according to industry standards. Plans call for 20 employees (±20%) which is well
within industry norms of one employee per 125-150 animals, thereby justifying his request for
additional trailers for employee housing.
Weld County Extension has no objection to this proposal. If there are any questions, please do
not hesitate to contact me.
Sincerely,
4i/ r47
Keith R. Maxey
Extension Agent (Dairy/Youth)
Colorado State University,U.S.Department of Agriculture and Weld County cooperating.
Cooperative Extension programs are available to all without discrimination.
Weld County Planning Dept.
a —
if at
' OCT 1 9 1998
RECEwmId County Referral
r O September 24, 1998
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Scott Busker Case Number USR-1202
Please Reply By October 15, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Use by Special Review Permit for a
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
for 4500 head of cattle in the Agricultural Zone District.
Legal Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado
Location East of and adjacent to Weld County Road 17; south of Weld County Road 18,
•
Parcel Number 1311 28 000042
The application is suomitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so :hat we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 17, 1998
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
•
IariSee attached letter
Comments:
Signature _..-:a t/ Date /D//s}rr
Agency �o Ayi a,t 1 So t ! (ass. / if/eof
:•Weld County Planning Dept •:1400 N 17th Ave. Greeley, CO. 80631 +(970)353-6100 ex1.3540 +(970)352 6312 fax
EXMtsiT
Longmont Soil Conservation District
9595 Nelson Road, Box D -Longmont, CO 80501 -(303) 776-4034
Weld County Planning Dept.
October 15, 1998
OCT 19 1999
Weld County Planning Dept .
1400 N. 17th Ave
Greeley, RECEIVED
D
CO 80631 1 V
RE: Scott Busker use by special Review USR-1202
Dear Board
This is a request by the Busker Dairy to expand their operation to
4, 500 head of cattle . The property is located on the east side of
WCR. 17 and south of WCR. 18 . This is approximately 1 mile east of
Firestone. The dairy will be located on 130 acres with an additional
80 acres available to support the waste management of the facility.
They have included a complete manure and process wastewater management
plan in the report . Regarding the adequacy of the waste management
system, the local SCD office lacks the engineering job approval
authority to evaluate a project of this magnitude. The Longmont SCD
board requests the Weld County Planning Department ensure this
proposal meets all relevant local, state and federal rules and
regulations . We ask that you review the rules and regulation
regarding confined animal feeding operation and water quality.
The soils on the site are (44 and 47) Olney, (72) Vona, and. (51)
Otero. These are all loamy sands or sandy loams . 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
We have no conflict with this proposal if all applicable rules and
regulations are met .
/ y ,40 ie a. On SCD.
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
10/15/1999 21:42 3034227934 NIC CO PAGE 01
Weld County Planning Dept.
0CT 16 1998
gio trq
RECEI'U'"Erlie/d do unty Referral
i
0 September 24, 1998
•
I
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Scott Busker Case Number I USR-1202
Please Reply Ay October 15, 1998 Planner .Julie A. Chester
.Project Site Specific Development Plan and Use by Special;Review Permit for a
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
for 4500 head of cattle in the Agricultural Zone District.
Legal Part of Section 28, T2N, R67W of the eth P.M., Weld County, Colorado.
Location East of and adjacent to Weld County Road 17; south of Weld County Road 18.
Parcel Number 1311 28 000042
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the'above listed date so that we-may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 17, 1998
❑ We have reviewed the request and find that it does/does not comply frith our Comprehensive Plan
D We have reviewed the request and rind no conflicts with our interests.
❑ See attached letter
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Signature l � Date ,dig
Agency `19 of ft4 s7-0v n-A0 kie._.
+Weld County Planning Dept. 41400 N. 17th Ave.Greeley,CO.80631 x(970)353-6100 bxt3540 4(970)352.6312 fax
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10/15/98 21:43 TX/RX N0.2846 P.001
Firestone
A Community
In Motion
"°A Weld County Planning Dept.
NOV 1 7 1998
November 16, 1998 I y�-G ti I V E D
Weld County Planning Department Il !.a 1� �I C u
Attn: Julie A. Chester
1400 N. 17th Ave.
Greeley, CO 80631
Dear Ms. Chester:
This letter follows-up on my October 15, 1998, referral comments regarding the
Busker Dairy application. As you know, an Intergovernmental Coordinated Planning
Agreement establishing uniform baseline standards has been adopted by Weld
County, the Town of Firestone, the City of Dacono, the Town of Frederick and the Town
of Erie for areas identified in respective Urban Growth Area maps. These uniform
base line standards are intended to regulate new development activities within the
noted urban growth boundaries.
In the matter of the Busker Dairy Application, the Town of Firestone previously
objected to the application on the basis that such an increased intensity of agricultural
development would be inconsistent with the principals of the Intergovernmental
Agreement. Additionally, neither the application nor the conditions of approval
specified by the County Staff thoroughly and completely address all of the elements of
the uniform baseline standards. For example, the landscaping section of the
application does not address minimum landscape area requirements or required
screening techniques (see Standards 3.3 and 3.4). Numerous other standards are
not addressed.
Therefore, the Town of Firestone would request a continuance of any action on this
matter until the basic tenants of the Intergovernmental Agreement are considered by
both the Town and County legal staff and until all the subsequent technical matters
of the baseline standards are addressed in the application or the conditions of
approval by the County.
EXHIBIT
150 Buchanan P.O. Box 100 Firestone, Colorado 80520 1 3b
(303) 833-3291 Fax (303) 833-4863
Weld County Planning Dept.
11/16/98
Page 2
If the County proceeds with approval without addressing the baseline standards
contained in the noted agreement the Town of Firestone will be forced to appeal the
decision pursuant to Section 8.9 to the Board of Appeals with respect to such failure to
meet the noted baseline standards.
Please contact me if you have any additional questions on the matter.
Sincerely,
Bruce Nickerson
Planner
cc: Monica Daniels-Mika
Sam Light, Esq.
Trudy Peterson
Firestone Town Board
GRIFFITHS, TANOUE & LIGHT, P.C.
ATTORNEYS AT LAW
BLAKE STREET TERRACE TEL. (303)298-1601
1860 BLAKE STREET, SUITE 550 FAX(303)298-1627
DENVER, COLORADO 80202 E-MAIL sjlight@ecentralcon'
SAMUEL.J. LIGHT Weld County Planning Dept.
December 4, 1998
DEC 0 7 1998
Weld County Planning Commission RECEIVED
915 Tenth St .
Greeley, CO 80632
Re: Proposed Site Specific Development Plan and Use by Special
Review Permit/Busker Dairy (Case No. USR-1202)
Dear Commissioners :
On behalf of the Town of Firestone, I am writing to discuss some of
its legal concerns with regard to the proposed expansion of the
Busker Dairy. I ask that this letter, as well as the Town
Planner' s previously submitted referral comments of October 15 and
November 16, be made a part of the record for the December 15
public hearing on this proposal .
The Town' s primary concerns relate to the County' s obligations
under the County Zoning Ordinance and the 1996 Interim Coordinated
Planning Agreement (the "IGA" ) ; and to the applicability of the
recently adopted Uniform Baseline Design Standards (the "Uniform
Standards" ) . I will discuss these issues in turn.
Obligations Under the County Zoning Ordinance
The Busker Dairy proposal requires special review use approval,
primarily because the applicant is seeking an increase in animal
units far in excess of the four units per acre permitted by right .
Therefore, the application must be reviewed under the special
review use provisions of the Zoning Ordinance . Those provisions
require the applicant show its proposal
will be compatible with future development of the
surrounding area as permitted by the existing zoning and
with the future development as projected by the
COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities . (Zoning Ordinance at §24 .3 . 1 . 4) .
The application does not meet this criteria. A portion of the
proposed Busker Dairy expansion is located within the Town' s Urban
Growth area, and the Town' s Comprehensive Plan has identified that
area for low density residential use . A dairy use, with animal
units far in excess of what the County permits by right, is not
planned or projected for this area, and is in direct conflict with
the Town' s Comprehensive Plan.
rimmTtrimmmil
GRIFFITHS, TANOUE & LIGHT, P.C.
Weld County Planning Commission
December 3, 1998
Page 2
Obligations Under the IGA
The County and Tri-Area municipalities executed the IGA in an
effort to avoid the type of land uses siting conflicts that this
proposal presents .
The IGA established urban growth areas around Firestone, Frederick
and Dacono, and an essential purpose of the IGA is to ensure that
Urban Development occurs within these areas . IGA at §4 . 3 (b) . To
achieve this purpose, the County agreed in the IGA that it will,
"to the extent legally possible, " deny proposals for Non-Urban
Development in these areas . Id. at §4 .3 (g) . In the Town' s
opinion, this provision requires that the County either deny or
severely limit the proposed expansion of the Busker Dairy.
First, as noted above, the County' s special review use provisions
require the applicant show compatibility with the Town' s
Comprehensive Plan. The applicant' s proposal is not for Urban
Development as defined under the IGA or for a use contemplated
under the Town' s Comprehensive Plan. Rather, it is for expansion
of an agricultural use to levels far in excess of what is permitted
by right . Therefore, the applicant has not met its burden under
the Zoning Ordinance provisions cited above, and the County should
either deny the proposal or--if even possible--curtail it to a
level at which compatibility can be demonstrated.
Second, the County has broad authority in determining whether to
approve or deny a special review use proposal . The fact that a
small operation already exists as a use by right does not dictate
that the County must approve an expanded operation. Rather, the
County' s own Zoning Ordinance requires a landowner to seek. special
use approval for uses beyond a certain intensity, and to
demonstrate it meets the criteria in the Zoning Ordinance. Again,
the application does not meet the criteria related to the Town' s
Comprehensive Plan. Further, as the County has agreed that areas
within the Town' s Urban Growth Area should be for urban uses, the
application does not meet those provisions of the Zoning Ordinance
which require consistency with the intent of this zone district and
the County' s Comprehensive Plan. Zoning Ordinance §24 . 3 . 1 . 1 and 2 .
Finally, a dairy operation of this scope is certain to create use
conflicts with planned residential areas . These are virtually
certain to include conflicts respecting flies, odors, dust, water
quality and similar conditions . The Zoning Ordinance requires the
applicant make adequate provisions for protection of the health,
safety and welfare of inhabitants of the neighborhood and County.
Zoning Ordinance §24 . 3 . 1 . 7 . As those neighbors will include
residents in adjoining municipalities, the County must ensure the
Busker Dairy includes adequate protections for these areas . If
these protections cannot be assured, the proposal must be denied.
GRIFFITHS, TANOUE & LIGHT, P.C.
Weld County Planning Commission
December 3, 1998
Page 3
Applicability of the Uniform Standards
Recently the Town and County approved the Uniform Standards which
are intended to govern new development activities in the Urban
Growth Areas . Those Uniform Standards include minimum requirements
for landscaping, setbacks, lighting, and other matters .
At this time, the Town is uncertain as to whether the Uniform
Standards have been adopted by the remaining municipalities
(Dacono, Frederick and Erie) and whether they are applicable to the
Busker Dairy proposal . The Town requests a formal determination of
whether the Uniform Standards apply. If it is determined they
apply, then the Town requests that the application be revised to
address the Uniform Standards, and that the commenting
municipalities be provided the opportunity to further review
compliance with them.
Thank you for the opportunity to comment on this matter.
Sincerely,
GRIFF S, TANOUE & LIGHT, P.C.
By:
S uel J. Ligh
SJL: \
cc: Mayor and Trustees, Town of Firestone
Bruce Nickerson, Firestone Town Planner
Lee D. Morrison, Esq. , Assistant Weld County Attorney
120398/2114[ejl]c:Fireeton\Bueker.ltr
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