HomeMy WebLinkAbout990189.tiff RESOLUTION
RE: DENIAL OF USE BY SPECIAL REVIEW PERMIT#1202 FOR AN AGRICULTURAL
SERVICE ESTABLISHMENT FOR A LIVESTOCK CONFINEMENT OPERATION
(DAIRY) FOR 3,500 HEAD OF CATTLE LOCATED IN THE A (AGRICULTURAL)
ZONE DISTRICT - SCOTT BUSKER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 3rd day of
February, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Scott Busker, 7678 Weld County Road 17, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Special Review Permit#1202 for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy) for 3,500
head of cattle located in the A (Agricultural) Zone District on the following described real estate,
to-wit:
Part of Section 28, Township 2 North, Range 67
West of the 6th P.M. Weld County, Colorado
WHEREAS, said applicant was represented by Tom Haren, Enviro Stock, Inc., at said
hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be denied for the following
reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
met the burden of proof, nor has he demonstrated compliance with Section
24.4.2 of the Weld County Zoning Ordinance, as follows:
a. Section 24.4.2.3 -- That the USES which would be permitted will be
compatible with the existing surrounding land USES. The Board of
County Commissioners finds that the proposal is not consistent with the
existing surrounding land uses. These uses include rural residential
subdivisions which are not compatible with expansion of a dairy to the
proposed size.
b. Section 24.4.2.4 -- That the USES which would be permitted will be
compatible with the future DEVELOPMENT of the surrounding area as
permitted by the existing zone and with future DEVELOPMENT as
projected by the COMPREHENSIVE PLAN of the COUNTY or the
adopted MASTER PLANS of affected municipalities. The Board finds that
the applicant has not proven this proposal is compatible with future
990189
re, a PL1284
RE: DENY USR #1202 - SCOTT BUSKER, BUSKER DAIRY
PAGE 2
development as projected by the Town of Firestone in its Comprehensive
Plan. Urban development has already occurred in this area and
residential development will continue by means of several annexations,
thereby making the expansion of this existing use incompatible. The dairy
is situated within one-half mile of the limits of the Town of Firestone, with
approximately one-half of the site located in the Firestone Urban Growth
Boundary Area.
c. Section 24.4.2.7-- That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the NEIGHBORHOOD
and the COUNTY. The Board of County Commissioners finds the
applicant does not appear to currently be in compliance, nor has he
demonstrated his ability to comply in the future with Conditions of
Approval and Development Standards necessary for the protection of the
health, safety and welfare of the inhabitants in the terms of the proposed
Use by Special Review.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Scott Busker for a Site Specific Development
Plan and Special Review Permit#1202 for an Agricultural Service Establishment for a Livestock
Confinement Operation (Dairy) for 3,500 head of cattle located in the A (Agricultural) Zone
District, on the hereinabove described parcel of land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of February, A. D. 1999.
BOARD OF COUNTY COMMISSIONERS
W COL
ATTEST: Lie/ te('`1/f , Gw (AYE)
Date K. Hall, Chair ,
Weld County Clerk to i- v /
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' „rvvv � j-Barbar J. Kirkmeyer, ro-Tem 7
BY: ii�. . �i.,,n .. _ / �
fiar
Deputy Clerk to the '��'"•( j � y r K' / I? (AYE)
eorge, L. axter
OV AS TO FORM:
2.7i
> (AYE)
J eile
my Attorney a /e (NAY)
Glenn Va. .
990189
PL1284
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