HomeMy WebLinkAboutWILD PLUM FARM ANNEXATION NO. 2 - ANX110002 - REPORTS - CORRESPONDENCE-HEARINGREC;'EPTI NO #: 20110018064, 03/23/2011 at 11:40:25 AM, 10 OF 10, Scott Doyle,
Larimer County, CO I.
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EXHIBIT A
TRINS'/2N'h5%NW'/.SW'/.3-7-69DESC: BEG ATNWCOROF5AN'/2S%:NW'/<SW'/<,S90.6FT
TPOB, E 146.75 FT, N 44.1' E 15.65 FT, E 58 FT, N 81.19 FT, N 89 30' 32" E 1097.8 FT, S 0 0' 39" W 164.7
FT, S 89 30' 12" W 1313.4 FT, N 74.23 FT TPOB (C33500E); LESS W 40 FT RD AS IN 1781-599
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 9 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 9
14. Concerning the manure collection points - the front collection would be a concrete
collection bin. Additionally, construction of both the front and back collection points will be of
concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The
concrete bunkers will also be covered with a mesh/screen to control flies.
15. No clinics or shows are permitted by this approval on this site.
16. Hours of operation and public access shall be 7 am to 9 pm, except for
emergencies.
17. All conditions of approval shall be met within six months after the date of this
Findings and Resolution, unless otherwise specified herein.
This constitutes a site -specific development plan, the approval of which triggers a vested
property right pursuant to state and local law. If this approval is conditional, failure to abide by the
terms and conditions will result in a forfeiture of vested property rights. This site -specific
development plan shall be deemed approved upon the date on which this Findings and Resolution is
signed by the Chair, or Chair Pro-Tem, of the Board of County Commissioners. The Director of
Planning shall cause a notice to be published in a newspaper of general circulation in Latimer
County advising the general public of this site specific development plan approval and creation of a
vested property right, such publication to occur no later than 14 days after this written Findings and
Resolution is signed by the Chair, or Chair Pro -Tern, of the Board of County Commissioners.
Commissioners Johnson and Gaiter voted in favor of the Findings and Resolution, and the
same were duly adopted. Commissioner Donnelly was absent.
TED this G� day of _ L(O Yt,4, 2011.
ZING Ty
BOA F COMMISSIO F
L RC C O O
SEAL
_ By.
Chair
ATTEST:
DATE: AS �1jj 1 _
APPROVED AS TO FORM:
QLX'�. gJtSU c:I.
Deputy Clerk DEPUTY U,YIY ATTORNEY
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 8 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 8
4. Construction of concrete bunkers, per design and plans submitted with the
application, for temporary manure storage will be complete within six months from the date of
this Findings and Resolution.
5. AppIicant/operator shall haul the manure from the property as needed to dispose
of it regularly. The combination of the concrete bunkers and frequent manure removal eliminates
the possibility of water mixing with the manure piles and leaving the property.
6. All the roads and parking areas have been covered with ground asphalt.
Applicant/operator shall continue to maintain these surfaces in good condition.
7. Applicant/operator shall water the arena as needed, if visible dust occurs.
8. In the area east of the irrigation ditch, applicant/operator shall plant pasture grass
and trees on the 3 surrounding sides (North, South and East). The trees will be saplings spaced
12 feetapart and the grass will be planted from the fence line out 40 feet. The grass and trees
will be planted by July 31, 2011. 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 will not
be used 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.
9. Parking for client vehicles and horse trailers will be as designated on the site map
10. 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 will be removed no later than June 1, 2011.
11. There shall be no lights on the outdoor arena yard and security lighting shall not
produce glare off site.
12. 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.
13. The owner(s) of the property shall submit required petition to be annexed into the
city within 30 days of the date of this Findings and Resolution. This is the reason for a six-
month transition period. Applicant/operator will be required to comply with City of Fort Collins
requirements as well as the County conditions within the same time period.
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 7 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 7
dogs and cats, that are used for working purposes on a farm or ranch, and any other animal
designated by the state agricultural commissioners, which animal is raised for food or fiber
production), so long as the number of such livestock does not exceed 10 animals per acre. The
Board finds the conditions proposed by Staff with certain modifications by this Board to be
reasonable to allow use of the property for a boarding stable and to appropriately mitigate
adverse impacts from such use.
10. The Board finds Applicant does not owe any impact fees related to or as a result
of this approval.
RESOLUTION
WHEREAS, the Board of County Commissioners has made its findings upon the petition
and upon the recommendation of the Larimer County Planning Commission and Larimer County
Staff, which findings precede this resolution, and by reference are incorporated herein and made a
part hereof; and
WHEREAS, the Board of County Commissioners has carefully considered the petition,
evidence and testimony presented to it, and has given the same such weight as it in its discretion
deems proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED that the petition of Shane Beckers for approval
of a boarding stable for up to 40 horses upon the property described on Exhibit "A" be and the same
hereby is granted upon the following conditions:
1. The Site shall be developed consistent with the approved plan and with the
information contained in the Beckers Stable Special Review (File #1-OZ1797), except as
modified by the conditions of approval or agreement of the County and applicant. The
applicant/operator shall be subject to all other verbal or written representations and commitments
of record for the Beckers Stable Special Review.
2. 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/operator chooses to have
livestock on the property, such animals shall be allowed based on a one-to-one reduction in the
number of horses on the property.
3. Applicant/operator shall clean the pens, adjacent to the south side of the bam,
daily to keep the flies and smell to a minimum. Applicant/operator shall clean the other pens no
less than weekly.
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 6 OF 10, Scott Doyle,
Larimer County, CO 1,
Findings and Resolution
Beckers Stable Special Review
Page 6
d. Criterion: The proposed use will not result in a substantial adverse
impact on property in the vicinity of the subject property.
The concern with blowing dust, flies and drainage issues are concerns for
neighboring properties. These were in fact a part of the original complaints. If managed
properly it may be possible to minimize the impacts of those issues. However, if the
management fails then the impacts will constitute an adverse impact on the surrounding
properties. The Development Review Team recognizes that the neighborhood in which
this use is proposed has livestock and other uses which may generate these kinds of
impacts to some degree. Limiting the number of horses and livestock on the subject
property to a total of 25 makes these impacts more manageable.
e. Criterion: The recommendations of referral agencies have been
considered.
Referral comments were included in the Agenda/Staff Report. The Board has
considered these comments and recommendations and addressed them as appropriate.
f. Criterion: The Applicant has demonstrated that this project can meet
applicable additional criteria listed in Section 4.3 Use Descriptions.
There were no additional criteria for boarding stables in the Code, at the time this
use was applied for. The newly adopted regulations focused significantly on the issues of
intensity of use. This proposal is far in excess of what would be allowed as a use by right
under the new regulations. There is now no upper limit or threshold for a special review
application however, the separation of uses as they increased in intensity is a principal
embodied in the new regulations. As developed and proposed, this site has little
separation from adjoining uses and is very intense for the site. The use currently exists at
this site at the proposed intensity of 40 horses. It is this intensity of use and proximity to
neighbors which has generated the complaints and supports the Board's finding that 40
horses/livestock is too great in number and not compatible.
9. The Board considered conditions of approval submitted by both the County Staff
and the Applicant (Agenda Pages 2-7). Applicants proposed conditions included, but were not
limited to, cleaning the pens adjacent to the south side of the barn regularly, construction of
concrete bunkers for temporary manure storage, hauling manure from the property as needed,
submitting an annexation petition to the City of Fort Collins within 30 days of final approval,
achieving compliance with the number of horses within 18 months, limiting the number of
boarded horses to no more than 25, and allowing applicant to maintain livestock, (i.e., cattle,
horses, mules, burros, sheep, swing, llamas and goats, regardless of use, and any animals, except
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 5 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 5
8.1.5. Road capacity and level of service standard:
The existing access to Taft Hill Road will need improvement as part of the
application but no additional transportation issues have been identified.
8.2. Wetland Areas:
There are no wetland areas identified on this site or on adjacent properties which might
be affected by the use.
8.3. Hazard Areas:
There are no hazards associated with this site.
8.4. Wildlife:
No wildlife issues have been identified in the review of this application by the Team or
by the Colorado Division of Wildlife.
8.5. Landscaping:
No landscaping is required as a part of the application; however, the applicant does
propose to plant new trees and establish a grass pasture/turnout ground cover at the rear
of the site.
8.6. Off -Road Parking Standards:
The site is narrow and somewhat constrained. The applicant has provided for parking
adjacent to the outdoor arena and in two areas near horse pens.
8.8. Irrikation Facilities:
The site is bisected by the Larimer County Canal. The Development Review Team
received comments from the ditch company that there were no conflicts. The applicant
has been advised that he will need to. provide comments and/or an agreement from the
ditch company even if the ditch company requires payment to provide such comments.
Additionally, the County will need to see evidence of an easement.
8.11. Air Ouality Standards and 8.12 Water Quality Management Standards:
The Development Review Team's analysis and neighbor comments indicates a concern
with respect to these issues but the use itself does not trigger the application of these
standards.
8.15. Lighting:
The applicant has removed the night lighting of the arena from the request and has
represented that the arena will not be lit. Provided applicant complies with this
representation, there is no issue with lighting or conflicts with adjacent properties with
this site.
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 4 OF 10, Scott Doyle,
La'rimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 4
This site is located in the Fort Collins GMA and in the area of the Northwest Sub -
Area Plan. Although adjacent to the city limits, which would require annexation to the
city and the County's declination to process a special review request, the City deferred
annexation and has allowed this project to proceed through the County process first. The
Board of County Commissioners approved the request of the applicant to proceed
through this process prior to annexation. The Northwest Area Plan anticipates the
continuation of larger lot rural uses in these areas and the City has confirmed that an
equestrian use would be a use allowed in the zoning anticipated to be applied at the time
of annexation. The intensity of the use will be determined through this special review
process.
C. Criterion: The applicant has demonstrated that this project can and will
comply with all applicable requirements of this code.
The Board finds with the limit in number of horses and other livestock to 25, project
can comply with the other applicable requirements of the Land Use Code as follows:
8.1. Adequate Public Facilities:
8.1.1. Sewage disposal level of service standards:
The site is served by the City of Fort Collins and this use would be adequately
served.
8.1.2. Domestic water level of service standards:
The site is served by the City of Fort Collins for domestic water and is adequately
served.
8.1.3. Drainage level of service standards:
The site, on the south boundary, is part of a natural drainage for the area. This
basin, the Michaud basin, is within the boundaries of a regional drainage for the
Northwest Area. The Engineering Department has identified the need for a
drainage easement along the southern side of the property. Several comments
have been received with respect to on site drainage to the Larimer County Canal.
The ditch company's willingness to accept drainage has not yet been clarified and
may require additional improvement to insure water quality to the ditch.
8.1.4. Fire protection and emergency medical service level ofservice standards:
Poudre Fire Authority has not raised significant issues with service to this site.
RECEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 3 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 3
8. The applicable Special Review Criteria have been met as follows:
a. Criterion: The proposed use will be compatible with existing and allowed
uses in the surrounding area and be in harmony with the neighborhood.
The surrounding area is characterized by a mix of uses. The predominate use is
single family residential on larger lots 2+-10 acres; however, there are also several
subdivisions in the area with smaller lots. The larger lots typically do include agricultural
uses, including the keeping of horses and or other livestock. Also in this area are some
commercial uses such as the Jordan Greenhouse located to the south. The Northwest
Area Plan anticipates the keeping of livestock and maintaining a largely rural feeling to
the area while allowing for new and additional development. There have been two
Planned Land Divisions approved to the west of this site in the past two years. The
keeping of horses is not incompatible with this area; however, the applicant proposes to
have as many as 40 horses on site. Some of these would be owned by the applicant but
the majority would be boarded. Under the prior Land Use Regulations addressing horses,
this 4.5-acre site would have been allowed nine horses owned by the applicant or up to
four boarded as a part of the nine.
Testimony by neighbors and Staff support that the use as proposed, i.e., 40 horses
is too intense and results in adverse impacts from dust, odors (manure), noise and
customer visits, including traffic. The measures proposed by the applicant to mitigate
these adverse impacts but, notwithstanding, the Board finds that even these measures are
insufficient for 40 horses. Twenty-five horses with appropriate mitigation measures is a
reasonable use of the property and adequately balances the needs and desires of the
applicant with the degree of adverse impact to the neighbors.
Applicant has asked for some flexibility in being allowed to keep additional
livestock, other than horses, on the property. The Board finds that regardless of the type
of livestock, the number of animals must be limited based on the size of the property-
4.5 acres —in order to achieve compatibility with surrounding properties. The neighbors
have a right to certainty with respect to the total number of animals (ie., horses and other
livestock) that may be present on the property. For this reason, the Board finds the total
number of animals, including horses and livestock should not exceed 25.
b. Criterion: Within a GMA district, the proposed use is consistent with the
applicable supplementary regulations for the GMA district, or if none, with the county
master plan or county adopted sub -area plan.
REgEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 2 OF 10, Scott Doyle,
Larimer County, CO
Findings and Resolution
Beckers Stable Special Review
Page 2
h. No. Trips Generated by use: < 15ADT generated by boarded horses (26-
30) not owned by the applicant (9-12) and in addition to the residential use
3. Applicant seeks Special Review approval for a boarding stable for up to 40 horses.
4. This application was initiated in 2007 as the result of a Code Compliance
complaint regarding the numbers of horses on the site. There is, however, a history of concerns
relative to the use of this site that predate this owner. The site is a 4.5-acre site that contains a
single family home, a barn, several shelters and sheds, an outdoor arena and two large open pen
areas. There is also an accessory living unit in the barn which was approved in 2007, for farm
help. The applicant owns approximately 12 horses and boards another 24-30. The current
request is to allow up to 40 horses on the property which will include the applicant -owned
horses. The original application for sketch plan, submitted in response to the code compliance
issue was submitted in the fall of 2007. The applicant has had some personal issues which
delayed the submission of the application and scheduling it for hearing. Additionally, there was
some thought that the work on the recently adopted amendments to the Land Use Regulations
concerning horses might result in a different regulatory landscape that might have changed the
process.
5. There has been neighborhood interest in this application and there are several who
are opposed to the level and intensity of the proposed use. This use is in operation and there
have been livestock/equestrian uses of varying degrees of intensity on this site for the past
decade if not longer. The intensity of the use and its compatibility with surrounding properties
has been a significant issue in this review.
6. Located in the Northwest Plan Area of the Fort Collins Growth Management
Area (GMA), an equestrian use is anticipated as appropriate. This site is, in fact, adjacent to the
City limits. The City of Fort Collins deferred, at the applicant's request, annexation of the site.
By operation of the Land Use Code and the Intergovernmental Agreement (IGA), the applicant
was required to request the Board of County Commissioners allow this application to be
processed under the jurisdiction of the County. That request was approved by the Board of
County Commissioners in March 2010.
7. The applicant has revised the application a number of times in response to
comments. The major changes to the application have been;
Proposal for manure management and storage, to include concrete bunker.
• Removing the plan for lights on the outdoor arena.
• Revisions to the eastern paddock plans to create five pens and two turn out areas.
Re -vegetation and maintenance of the ground cover for the turn outs.
RECiEPTION#: 20110018064, 03/23/2011 at 11:40:25 AM, 1 OF 10, R $0.00 TD Pgs: 0
Scott Doyle, Larimer Count— CO
A
SPECIAL REVIEW
FINDINGS AND RESOLUTION APPROVING
THE PETITION OF SHANE BECKERS
The Petition for the Beckers Special Review to allow a boarding stable for up to 40 horses
upon the property described on Exhibit "A" attached hereto has been filed with the Board of County
Commissioners of the County of Larimer.
. On November 17, 2010, the Larimer County Planning Commission, considered the proposed
use and recommended denial of the special review.
On January 10, 2011, in the County Board Hearing Room of the Larimer County
Courthouse, Fort Collins, Colorado, the Board of County Commissioners conducted a public
hearing on the Special Review. At the conclusion of the hearing, the Board voted to table the matter
to February 7, 2011, for the limited purpose of adopting conditions of approval. The Board of
County Commissioners, having heard, considered, and carefully weighed the testimony and
evidence adduced at the January 10, 2011, hearing and having considered conditions of approval at
the February 7, 2011, hearing now makes the following findings:
1. The Special Review request upon the property described on Exhibit "A" was
advertised in a local newspaper of general circulation.
2. The general characteristics of the property are as follows:
a. Location: 3-7-69; On the east side of Taft Hill Road north of
Vine Drive, south of the Poudre River
b.
C.
d.
e.
f.
Area: 4.5 acres
Proposed Land Use: Stable and single family residential
Existing Zoning: FA -Fanning — FTC GMA Overlay
Adjacent Zoning:
North & West:
South & East:
Adjacent Land Uses:
g. Services:
Access:
Water:
Sewer:
Fire Protection:
FA -Farming — FTC GMA Overlay
Same and within City limits
Single family residential, rural, public
school (Lincoln Middle School)
Taft Hill Road
West Fort Collins
Fort Collins
Poudre Fire Authority
.tern to Planning
10-z 1-7g1