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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2012 - HEARING AND FIRST READING OF ORDINANCE NO. 042, 20DATE: May 15, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Hearing and First Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This is a request to zone 3.96 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed with an existing single family residence and horse boarding stable and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the city (Lincoln Middle School) to the east. The requested zoning for these annexations is Urban Estate. Horse boarding facilities are an allowed use in the Urban Estate zone district. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominantly residential use and character. Additionally, as a condition on the requested Urban Estate zoning, staff is recommending the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. BACKGROUND / DISCUSSION The applicant/ property owner, Mr. Shane L. Beckers, submitted a written petition requesting annexation of 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property contains an existing single family residence and a commercial horse boarding facility and is in the FA - Farming District in Larimer County. The requested zoning for is Urban Estate. Commercial horse boarding facilities are an allowed use in the Urban Estate zone district. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing city limits from a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east. The surrounding zoning and land uses are as follows: N: FA in Larimer County; existing residential E: UE in the City of Fort Collins; existing Lincoln Middle School S: FA in Larimer County; existing residential W: FA in Larimer County; existing residential In February 2011, the Larimer County Board of County Commissioners held a Special Review meeting regarding the horse boarding facility located on the subject property. The County Board of Commissioners approved the boarding stable with conditions such as a 25 horse maximum, stable operational conditions and a requirement for the applicant/property owner to petition for annexation into the city (minutes from the Board of County Commissioner meeting are attached). May 15, 2012 -2- ITEM 12 Findings: 1. The requested placement into the Urban Estate Zone District is in conformance with the policies of the City's Comprehensive Plan. 2. The zoning request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed zoning. The property is developed at the present time, containing a single-family residence and a commercial horse boarding facility. ENVIRONMENTAL IMPACTS No direct economic impacts will result with this proposed zoning. The health, safety and well-being of our community and its citizens will not be adversely impacted by the proposed zoning of the property. STAFF RECOMMENDATION Staff recommends approval of the requested Urban Estate Zoning. Additionally, staff is recommending that as a condition of zoning, the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 19, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the property be placed in the Urban Estate Zone District. The motion made note of the conditions that were put in place at the time the County Commissioners approved the Special Review. The minutes from the April 19, 2012 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on April 19, 2012. A letter of notification of the public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for initial zonings tied to an annexation and a meeting was not held for this zoning request. ATTACHMENTS 1. Vicinity Map 2. City Structure Plan 3. City Zoning Map 4. Planning and Zoning Board Minutes, April 19, 2012 5. Board of County Commissioners Minutes, February 17, 2011 May 15, 2012 -3- ITEM 12 LINCOLN MIDDLE SCHOOL New Mercer Canal Larimer County Canal #2 Arthur Canal W VINE DR LIBERTY DR N TAFT HILL RD CLOVER LN N BRYAN AVE N FREY AVE LANCER DR STONECREST DR STERLING LN MERCER DR TREVOR ST N BRIARWOOD RD BASIL LN N TAFT HILL RD W VINE DR Wild Plum Farm 1 inch = 600 feet ± Site to be Zoned Aerial Map Lincoln Middle School ATTACHMENT 1 Overland Trail Wil udre River © Wild Plum Structure Annexation Plan and Zoning Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) Site to be Zoned W. Vine Drive N. Taft Hill Road 1 inch = 0.3 miles ATTACHEMENT 2 LINCOLN MIDDLE SCHOOL New Mercer Canal Larimer County Canal #2 Arthur Canal UE LMN RL RL LMN W VINE DR N TAFT HILL RD LIBERTY DR N BRYAN AVE N FREY AVE LANCER DR STONECREST DR CLOVER LN MERCER DR TREVOR ST TARRAGON LN PLAINS CT W VINE DR N TAFT HILL RD Wild Plum Farms Annexation and Zoning 1 inch = ± 600 feet Site to be Zoned City of Fort Collins Zoning Map Legend WaterBodies City Zoning ZONE NCM Limited Commercial Service Commercial Employment Low Density Mixed-Use Neighborhood Neighborhood Conservation Buffer Neighborhood Conservation Low Density Public Open Lands River Conservation Urban Estate ATTACHMENT 3 ATTACHMENT 4 Planning and Zoning Board April 19, 2012 DRAFT minutes ___________________________________________________________________ Project: Wild Plum Farm Annexation # 1, ANX110001 and Wild Plum Farm Annexation # 2, ANX110002 Project Description:Annexation #1 is a request to annex and zone 0.64 acres. Annexation # 2 is a request to annex and zone 3.82 acres. Both are located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, UE – Urban Estate in the City (Lincoln Junior High School) to the east. The requested zoning for this annexation is UE – Urban Estate. Recommendation: On both Annexations and Zoning, staff recommends approval of the annexation and recommends that the property be placed in the UE - Urban Estate Zoning District. Hearing Testimony, Written Comments and Other Evidence City Planner Courtney Levingston said the property is developed and has an existing single family residence and horse boarding facility. In February 2011 – Becker’s Stable had a special review before the Larimer County Board of County Commissioners. The County Board approved commercial boarding stable with conditions such as 25 horse maximum, stable operation conditions, and annexation into the city. The requested zoning for this annexation is UE – Urban Estate. The Urban Estate Zone District allows horse boarding facility. The Land Use Code does not limit the number of large animals boarded and if annexed, the City will uphold the maximum large animal condition placed on the property by the Board of County Commissioners. The City’s Neighborhood Services Code Compliance Division will enforce applicable municipal code provisions including:  Municipal Code Section 4-72 applies to personal use and does not apply to commercial operations like Wild Plum Farms. Horses may be kept for the use of occupants of a lot and their guests provided that at least 1/2 acre of pasture area is available for each horse or pony.  Municipal Code Section 4-116 states that in no event shall any person keep at his or her premises more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners, keeper or others and without constituting a nuisance to the occupants of neighboring properties. Staff recommends approval of the annexation and recommends that the property be placed in the UE - Urban Estate Zoning District. Member Schmidt asked if the applicable Municipal Code provisions address the conditions placed on this property by the Larimer County Board of County Commissioners. She also wondered if all the provisions had been completed by June 1, 2011. Finally, she wondered if the city recognizes the Larimer County requirements or do they just become mute once annexed into the city? Levingston said a neighbor with concerns could call Neighborhood Services Code Compliance relative to violations in Code Sections 4-72 and 4-116. Levingston said that Code Section 4-72 applies primarily to personal use; not like this commercial horse boarding facility. She said Code Section 4-116 would apply. It states that in no event shall any person keep at his or her premises more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners, keeper or others and without constituting a nuisance to the occupants of neighboring properties. Levingston said the city would also uphold the maximum number of 25 horses. Deputy City Attorney Daggett said there are a couple of other sections of the code that relate to care and treatment of animals in the city – Sections 4-70 and 4-71 address management of waste and treatment of animals. Vice Chair Campana asked if the county conditions would apply once they’re annexed into the city. Daggett said the limitations the County imposed on the use, would limit the use once it’s annexed. It may be that a recommendation, if there is one, would be helpful to clarify. If there is no condition placed on the zoning, the existing permitted use is up to 25 horses on the site. Campana said beyond the limit of 25 horses, there were 16 conditions shown in their January 10th minutes. Conditions had to do with manure, treatment, facilities for dealing with manure, lighting, etc. Do we need to police that? Has it already been done? Member Schmidt asked if the applicant wants to speak to the questions asked by Vice Chair Campana. Applicant’s Presentation Dr. Shane Becker said he does not have a formal presentation but he is available to answer questions. He said all the conditions set during the permit process he went through with Larimer County have been met. He completed them by the due date and they were signed off by the County before he submitted his application for annexation into the city. They’ve been operating under those conditions. He noted the site plan used earlier in the presentation is inaccurate—that’s not the plan that was approved by the County and it doesn’t show any of the conditions that were required. He said a final plan is probably available through the County. Campana asked if he was prepared to continue to operate under the conditions the county requested when annexed into the city. Becker said yes. Member Schmidt asked Dr. Becker to explain the Resource Stewardship Plan (RSP). Becker said his basic understanding is that he was not required to complete it. The RSP is designed to restrict people—to help them manage themselves. His permit/conditions applied in his situation. Member Carpenter said she was still a little confused by the conditions placed by the county. She understands from the applicant that he’s met all of those. She said in some cases they appear ongoing. She asked what the city has in place to enforce the ongoing issues. Deputy City Attorney Daggett said if you interpret the conditions on the current improved use as defining the legal use; theoretically continued compliance with those conditions could be considered a zoning enforcement matter. This is a legal non- conforming use to the extent it continues consistent with the legal restrictions on the use. Carpenter asked if they needed to recommend that these conditions follow. Daggett said no because they’re driven by the concept of the use as being legal when it comes in. You are not actually imposing new conditions although you could expressly recognize that you’re intending for those existing conditions to continue to be enforced. Public Input None Board Discussion Member Schmidt said she’d like it to be on the record that these conditions be recognized just so that if something does happen (the neighbors have a problem with arena dust, etc.); they can call for enforcement. She believes because of the proximity of the neighbors; the county approved with condition and she believes the city should recognize them. Member Kirkpatrick agreed. Member Schmidt moved the Planning and Zoning Board recommend approval of the Wild Plum Farm Annexation and Zoning No. 1, # ANX110001 making note of the conditions that were put in place at the time the County Commissioners approved the Special Review. Also, the zone should be UE – Urban Estate. Member Kirkpatrick seconded the motion. Motion was approved 6:0. Member Schmidt asked if she should just go forward with the motion for No. 2, #ANX110002. Daggett said you’d like to make the same motion with respect to No. 2. Schmidt asked if there needed to be public comment. Daggett asked if they intended the discussion to cover both items because it appeared to be the case. Schmidt and Campana said yes. The Chair confirmed that there were no requests for public input on No. 2. Member Schmidt said she’d like to make the same motion for Annexation & Zoning No. 2, # ANX110002 as for the No. 1. Member Kirkpatrick seconded the motion. Motion was approved 6:0. 1 ATTACHMENT 5 Minutes of the Board of County Commissioners from January 10, 2011 2. BECKERS STABLE SPECIAL REVIEW, FILE #10-Z1797: This application is a request for approval of a Special Review for a boarding stable allowing up to 35 horses. This site is located on the east side of Taft Hill Road, north of Vine Drive, and south of the Poudre River. The Development Services Team and the Larimer County Planning Commission recommend that the Beckers Stable Special Review, file #10-Z1797, be denied. Chair Donnelly opened the hearing for public comment and Todd Mowrer, Linda Mowrer, and Kathy Doesken spoke in opposition stating that a horse boarding of this size was not not appropriate in this location, and that there was the potential for damage to the water sources and soil at the site. Bruce Connolly and Gene Wilkon spoke in support of the applicants and their proposed plans for improvements, the minimal impacts to the neighborhood, and the Beckers’ professional management of the business. Chair Donnelly closed public comment and much discussion ensued regarding the recommended number of horses at the property, the support for and against this application, and the possibility of the applicant pursuing “grandfathered” status as a historical horse boarding facility. Due to the opposition to the application, the Board stated that they could support a special review for 25 horses, but not the 35 horses originally requested. The Board asked that this item be tabled until February 7, 2011, to allow time for staff to draft conditions of approval. M O T I O N Commissioner Gaiter moved that the Board of County Commissioners table the Beckers Stable Special Review, File #10-Z1797, until Monday, February 7, 2011. Motion carried 3-0. There being no further business, the hearing adjourned at 11:10 p.m. http://larimer.org/bcc/2011/BC110110.htm LAND USE HEARING – February 7, 2011 The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were: Eric Tracy, Engineering Department; Doug 2 Ryan, Environmental Health Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk. Chair Pro-Tem Gaiter opened the hearing and asked for public comment on the County Budget, and Land Use Code. No one from the audience addressed the Board regarding these topics. 1. BECKERS STABLE SPECIAL REVIEW, TABLED FROM JANUARY 10, 2011: This application was initially presented to the Board of County Commissioners during their hearing on January 10, 2011. At that hearing, a recommendation of denial from staff and the Larimer County Planning Commission was presented, and the Board decided to table the request with direction to staff to develop conditions that would support a total number of equines on the property not to exceed 25. At this time, staff has developed conditions based on the file record and the representations of the applicant, which are noted below. The applicant, Dr. Beckers, has prepared documents to support the conditions but has also presented some new information, which he wishes to have the Board of County Commissioners consider, with respect to how the numbers are determined, how breeding horses are considered on the property, how other livestock is counted or considered, and the time necessary to comply with the conditions. The proposals by Dr. Beckers are essentially consistent with the original plan presented to the Board of County Commissioners; however, staff has some concerns with the “as needed” statements and the length of time requested to bring the property into compliance. There are some complications with the proposal because an annexation to the City of Fort Collins is required, and Dr. Beckers wishes to be sure that all the uses he may wish to retain on his property can be carried forward through the annexation process and survive annexation. This annexation issue has complicated the review of the conditions of approval. Two additions to the plan have been suggested by the applicant. The first addition to the original proposal includes breeding horses and the inclusion of other livestock on the site. At this time, the breeding of horses is not regulated, except through the basic use-by-right of one horse per half-acre. Livestock and farm animals are not regulated beyond the feedlot standard of no more than 10 per acre of confinement. Staff has found that Dr. Becker’s inclusion of these items is problematic because it is currently very late in the application process; and therefore, no review or comments have been solicited. Staff firmly believes both additions have the potential to impact surrounding properties and intensify the use. Staff recommends approval of the Beckers Stable Special Review, file #10- Z1797, subject to the following conditions: 3 1. The maximum number of horses at any time on the property shall not exceed 25, boarded, owned, or confined on the site. In the event the applicant chooses to have livestock on the property, they shall be allowed with a one-to-one reduction in the number of horses on the property. 2. The pens adjacent to the south side of the barn must be cleaned daily to keep the flies and offensive odor to a minimum. The other pens may be cleaned no less than weekly. 3. Construction of concrete bunkers, per design and plans submitted with the application, for temporary manure storage will occur within 6-months from approval (June 2011). 4. Manure must be hauled from the property and disposed of regularly. The combination of the concrete bunkers and frequent manure removal will eliminate the possibility of water mixing with the manure piles and leaving the property. 5. All of the roads and parking areas are currently covered with ground asphalt, which must be maintained by the operator. 6. The arena will be watered as needed, if visible dust occurs. 7. In the area east of the irrigation ditch, pasture grass and trees must be planted on the 3 surrounding sides (north, south and east). The trees must be saplings spaced 12-feet apart and the grass will be planted from the fence line outward 40-feet. This will leave an area in the center that will contain smaller pens for horses. The grassed area, once established, will only be utilized for turn out and not for grazing. A minimum grass cover will be maintained at all times in the area. Trees, once established, shall be protected to avoid grazing and damage from horses. All grass and trees must be planted by July 2011. 8. Parking for client vehicles and horse trailers will be as designated on the site map 9. The 3 light poles on the north and the 3 light poles on the south side of the arena as depicted on the site plan will be removed no later than June 1, 2011. 10. There shall be no lights on the outdoor arena yard and security lighting shall not produce glare off site. 4 11. All areas of confinement shall be as depicted on the site plan dated January 20, 2011. The site plan does not specify pen configurations or individual pen populations. 12. The applicant will submit a petition to be annexed into the city within 30-days of final approval of the Beckers Special review, which is the reason for a 6-month transition period. The Beckers will be required to comply with city issues as well as the county conditions within the same time period. 13. Manure collection points - the front collection must be a concrete collection bin, additionally, construction of both the front and back collection points must be of concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The concrete bunkers must also be covered with a mesh/screen to control flies. 14. No clinics or shows are permitted by this approval on this site. 15. Hours of operation and public access shall be 7:00 a.m. to 9:00 p.m., except for emergencies. 16. All conditions of approval shall be met within 6-months of this hearing unless otherwise specified. Chair Pro-Tem Gaiter explained that because the applicant and public were given a chance to comment on this item during the original hearing on January 10, 2011, the Board would not open the hearing to public comment again. Commissioner Johnson stated that he was very pleased with the conditions crafted by staff and believed all concerns have been addressed. He expressed concern about allowing any more than 25 animals, horses or livestock, on the property. And finally, he felt that 6-months is an adequate timeframe to meet all conditions of approval. Chair Pro-Tem Gaiter also voiced support for the proposed conditions. M O T I O N Commissioner Johnson moved that the Board of County Commissioners approve the Beckers Stable Special Review; file #10-Z1797, subject to the conditions as outlined and amended above. Motion carried 2-0. http://larimer.org/bcc/2011/BC110207.htm 5 ORDINANCE NO. 042, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WILD PLUM FARM ANNEXATION NUMBERS 1 AND 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Wild Plum Farm Annexation No. 1 to the City of Fort Collins, Colorado, together with the property known as the Wild Plum Farm Annexation No. 2 to the City of Fort Collins, Colorado, (together hereinafter referred to as the “Property”) in the Urban Estate (“U-E”) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land being a portion of the tract of land described in the Warranty Deed recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the 6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing due North with all bearings herein relative thereto is described as follows: Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 146.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North, 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet to the Point of Beginning; thence North 89 degrees 30 minutes 32 seconds East, 329.00 feet to the NE corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 00 degrees 00 minutes 39 seconds West, 164.70 feet to the Southeast corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 89 degrees 30 minutes 12 seconds West, 10.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet; thence South 89 degrees 30 minutes 32 seconds West, 319.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet to the Point of Beginning. And, Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 40.00 feet to the East Right-of-Way line of North Taft Hill Road and the Point of Beginning; thence East, 106.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence North 89 degrees 30 minutes 32 seconds East, 319.00 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence South 89 degrees 30 minutes 12 seconds West, 1263.40 feet to the East Right-of-Way line of North Taft Hill Road; thence North, 73.88 feet to the Point of Beginning. This Property contains 4.463 acres. Section 2. That the foregoing Property to be placed in the U-E zone district shall be subject to the following conditions: 1. The maximum number of horses at any time on the Property shall not exceed twenty-five, boarded, owned, or confined on the site. In the event other livestock is kept on the Property, such livestock shall be allowed only in exchange for a one-to-one reduction in the number of horses on the Property. 2. The pens adjacent to the south side of the barn must be cleaned daily to keep the flies and offensive odor to a minimum. The other pens must be cleaned no less than weekly. 3. Construction of concrete bunkers, per design and plans approved by Larimer County on February 7, 2011, for temporary manure storage is required to be completed within six months of said approval. 4. Manure must be hauled from the Property and disposed of regularly. The combination of the concrete bunkers and frequent manure removal must be performed in a manner that will eliminate the possibility of water mixing with the manure piles and leaving the Property. 5. All of the roads and parking areas must continue to be covered with ground asphalt, which must be maintained by the operator. 6. The arena must be watered as needed, if visible dust occurs. 7. In the area east of the irrigation ditch, required pasture grass and trees were planted on the three surrounding sides (north, south and east). The trees were saplings spaced twelve feet apart and the grass was planted from the fence line outward forty feet. This leaves an area in the center that may contain smaller pens for horses. The grassed area, once established, may be utilized only for turn out and not for grazing. A minimum grass cover must be maintained at all times in the area. Trees, once established, must be protected to avoid grazing and damage from horses. All grass and trees are required to be planted by July 2011. 8. Parking for client vehicles and horse trailers must be as designated on the site map approved by Larimer County on February 7, 2011. 9. The three light poles on the north and the three light poles on the south side of the arena as depicted on the site plan approved by Larimer County on February 7, 2011, were required to have been removed by June 1, 2011. 10. There shall be no lights on the outdoor arena yard and security lighting shall not produce glare off of the Property. 11. All areas of confinement shall be as depicted on the site plan approved by Larimer County on February 7, 2011. The site plan does not specify pen configurations or individual pen populations. 12. The front manure collection point must be a concrete collection bin, additionally, construction of both the front and back manure collection points must be of concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The concrete bunkers must also be covered with a mesh/screen to control flies. 13. No clinics or shows are permitted on the Property. 14. Hours of operation and public access shall be limited to 7:00 a.m. to 9:00 p.m., except for emergencies. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk