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HomeMy WebLinkAboutWILD PLUM FARM ANNEXATION NO. 1 - ANX110001 - REPORTS - CORRESPONDENCE-HEARING (4)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 MOTION 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.orgibcc/201I/BC1 10207.htm 4 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. 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. 91 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: 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 2 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. MOTION 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. hftp://Iarimer.org/bcc/201 1/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 -Tern Gaiter presided and Commissioner Johnson was present. Also present were: Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk.