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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. \O 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