HomeMy WebLinkAboutWILD PLUM FARM ANNEXATION NO. 1 - ANX110001 - REPORTS - CORRESPONDENCE-HEARINGMunicode
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With up to 2,500 square feet gross floor area or less (all indoor), except in the B-Business RFLB
- Red Feather Lakes Business, C-Commercial and -Industrial zoning districts where such a pet
animal veterinary clinic/hospital is a use allowed by site plan review; and/or
b. That has up to 200 square feet of outdoor animal use area
2. Special review approval is required for any pet animal veterinary clinic/hospital:
a. With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business,
C-Commercial or I -Industrial zoning districts where such a pet animal veterinary clinic/hospital is
a use allowed by site plan review; and/or
b. That has an outdoor animal use area of 201 square feet or more.
(Res. No. 06172003R009, 6-17-2003; Res. No. 03302004R001, § i(Exh. A), 3.15-2004; Res. No. 04102007RO18 Exh. A, 4-10-
2007; Res. No. 0401200BROOZ Exh. A, 4-1-2008; Res. No. 10282008R005, Exh. A, 10-28-2008; Res. No. 02172009R010,
Exh. A, 2-17-2009, Res. No. 07212009R003, Exh. A, 7-21-2009, Res. No. 0518201OR008, Exh. A, 4-12-2010; Res. No.
0810201OR001, Exh. A, 8-10-2010)
4.3.11. - Temporary uses.
A. Temporary construction projects. All zoning districts permit the temporary storage of vehicles, materials,
equipment, field offices and the excavation of fill material that are accessory to a construction project with the
following conditions:
1. The project is for the construction of a highway, road, utility or other public improvement under a
federal, state, county, town, city, rural water association or special district contract;
2. The storage site is used for a maximum of one year. The planning director may approve an extension of
six months upon a written request that details reasons for the requested extension;
3. Disposal of solid and hazardous waste such as fuels, solvents, lubricants and construction materials
must comply with applicable federal and state rules and regulations. On -site disposal of wastes is
prohibited;
4. Vehicles, materials, equipment and field offices must be stored or located at least 200 feet from existing
dwellings unless the owner(s) of the dwellings waive this requirement in writing. This condition does not
apply to materials intended for use on the parcel or right-of-way where they are temporarily stored;
5. Asphalt and concrete batch plants and rock -crushing facilities must be located on or adjacent to the
parcel or right-of-way being improved;
a. Borrow or fill material excavation sites must be located within 1,320 feet of the parcel or right-of-way
being improved. Excavation sites more than 1,320 feet but less than one mile from the parcel or right-of-
way being improved may be approved by the county commissioners pursuant to the appeal process in
subsection 22.2, appeals. Excavation sites more than one mile from the improvement are subject to the
special review, subsection 4.5, process for a mining operation; and
7. Storage and field office sites must be reclaimed to their original or better condition within 30 days after
the temporary construction project is complete. The planning director may extend the reclamation
period, in writing, upon written request that details the reasons for the requested extension. Borrow and
fill excavation sites must be reclaimed pursuant to the approved state permit. The planning director may
require that collateral be provided to ensure reclamation of the storage and field office sites is
completed.
B. Fireworks stands. Temporary fireworks stands are allowed in the B-Business, C-Commercial, I -Industrial and I-
1 Industrial zoning districts from June 16 to July 5. A building permit is required for each temporary fireworks
stand.
C. Christmas tree stands. Temporary Christmas tree stands are allowed in the B-Business, C-Commercial, (-
Industrial and 1-1 Industrial zoning districts from the day after Thanksgiving to the day after Christmas.
D. Manufactured homes. Manufactured homes, whether transportable as a single, complete dwelling unit or not,
may be used to provider temporary housing for the owner of the property during the construction of a single-
family dwelling on the site. The duration of this temporary housing can not exceed 18 months and requires a
building permit issued by the county building department at the same time the building permit for the
permanent structure is issued. The manufactured home must be removed from the site at the end of the 18-
month period or upon completion of the construction, whichever occurs first. The chief building official may
grant an extension of 18 months for the temporary housing upon a finding that significant progress has been
made in the construction of the permanent structure or there have been circumstances, beyond the control of
the property owner, that have delayed construction.
(Res. No. 04102007RO18, Exh. A. 4-10-2007: Res. No. 07212009ROOZ Exh. A, 7-21-2009; Res. No. 0810201OR001, Exh. A, 8
-10-2010)
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2. Water. Each beekeeper must ensure that a convenient source of water is available at all times to the
bees.
3. General maintenance. There shall be no outdoor storage of any beekeeping or hive materials that are
not being used as part of a hive.
4. Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or
attempting to sting without due provocation, it shall be the duty of the beekeeper to requeen the colony.
5. Colony densities.
a. No more than the following number of colonies may be kept on any lot, based upon the size or
configuration of the lot on which the apiary is situated:
1. On lots of 15,000 square feet or less — four colonies are allowed.
2. On lots of more than 15,000 square feet — two additional colonies are allowed for each
7,500 square feet in excess of 15,000 square feet.
b. For each two colonies allowed under the colony densities, subsection (a) above, there may be
maintained upon the same lot eight temporary nucleus colonies. The hive structure shall not
exceed one standard nine and five -eighths inch depth ten frame hive body with no honey super
(s) attached as required from time to time for management of swarms and for rearing of queens.
Each such temporary nucleus colony must be disposed of or combined with an authorized colony
within 30 days after the date it is acquired.
C. An apiary consisting of more than 75 colonies must maintain a distance of at least 200 feet from
any property line.
J. Fur farm. A facility where fur bearing animals are kept, raised and/or bred.
1. A single-family dwelling occupied by the owner or operator of the fur farm is allowed as an accessory
building.
K Agricultural labor housing. A facility for the dormitory style housing of agricultural workers on a seasonal basis.
L. Greenhouse. A facility where plants are raised inside a permanent structure constructed of rigid materials for
sale or transplanting.
1. A single-family dwelling occupied by the owner or operator of the greenhouse is allowed as an
accessory building.
M. Packing facility. A facility where locally -raised farm products are to be prepared for shipping, excluding meat
packing and canning operations.
N. Livestock veterinary clinirlhospital. A facility for the diagnosis, treatment and/or hospitalization of livestock.
1. Minor special review is required for any livestock veterinary clinicthospital:
a. With a facility of up to 2,500 square feet gross floor area (all indoor), except in the B-Business, C-
Commeroial or I -Industrial zoning districts where such a livestock veterinary clinic/hospital is a
use allowed by site plan review: and/or
b. That has an outdoor animal use area of up to 1,000 square feet.
2. Special review approval is required for any livestock veterinary clinic/hospital:
a. With a facility of 2,501 square feet or more gross floor area (all indoor), except in the B-Business,
C-Commercial and I -Industrial zoning districts where a livestock veterinary clinic/hospital is a
allowed by site plan review; and/or
b. That has an outdoor animal use area of 1,001 square feet or more.
O. Pet animal facility. Any place or premise used in whole or in part, which part is used for the keeping of pet
animals for the purpose of adoption, breeding, boarding, day care, training, grooming, handling, selling,
sheltering, trading or otherwise transferring such animals. Pet animal facility also includes any individual
animals kept by such a facility as breeding stock. Pet animal facility does not mean a common carrier engaged
in intrastate or interstate commerce. Two or more pet animal facilities that have the same or similar purpose
and operate from one place or premise are considered a single pet animal facility. A foster home for pet
animals is excluded from this definition.
1. Minor special review is required for any pet animal facility with up to 2,500 square feet gross floor area
or less (all indoor) and no outdoor animal use area, except in the B-Business, C-Commercial and I -
Industrial zoning districts where a pet animal facility, is a use allowed by site plan review.
2. Special review is required for any pet animal facility:
a. With 2,501 square feet or more gross floor area (all indoor), except in the B-Business, C-
Commercial and I -Industrial zoning districts where a pet animal facility is a use allowed by site
plan review; and/or
b. That has any outdoor animal use area.
P. Pet animal veterinary clinic/hospital. A facility for the diagnosis, treatment and/or hospitalization of pet animals.
1. Minor special review is required for any pet animal veterinary clinic/hospital:
a.
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the size of
irooerty the
Size of the Property
Points
Less than 5 acres
10
t least 5 acres but less than 10 acres
8
t least 10 acres but less than 35 acres
5
35 acres or more
For each additional 35 acres subtract 2 points
-2
"Total Points jUse allowed as follows:
Accessory Horse Keeping- Some equestrian uses may be Accessory Horse Keeping and are not considered
o be Equestrian Operations in this chart. Please see Section 4.3.10.1 of this code.
25.0 or less
Public Site Plan Review and approval required
unless total number of horses resident on the
property exceed 1 er'h acre.
25.5 - 35.0
Minor Special Review and approval required.
35.5 or more
Special Review and approval required.
2. The following standards apply to all equestrian operations:
a. If the number of horses on the property exceeds one horse per one-half acre, minor special
review approval is required unless the chart and formula indicate that special review approval is
required.
b. A single-family dwelling is allowed as an accessory building.
C. Best management practices. Equestrian operations shall utilize appropriate best management
practices to address potential environmental and compatibility impacts of their operation.
Applicants shall prepare a resource stewardship plan that outlines the best management
practices to be implemented for the following issues or topics, as applicable: management of
water quality, storm water, soil erosion, manure, dust, pasture vegetation, pests, wildlife, and
weeds.
d. Outdoor storage of horse trailers is allowed as part of an approved equestrian operation.
1. Only those trailers that are for use by owners of the property, people associated with the
operation, and/or boarded horses may be stored. General trailer storage is not allowed.
2. No more than one trailer per horse residing on the property is allowed.
3. All horse trailers shall be currently licensed and operable.
3. The following additional standards apply to equestrian operations subject to public site plan review:
a. Noise, fumes, dust, odors, vibration or light generated as a result of the equestrian operation will,
at the property line, be below the volume, frequency, or intensity such that they do not
unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an
individual of ordinary sensitivity and habits.
b. The routine hours of operation open to the public are limited to the hours between 6:00 a.m. and
10.00 P.M.
C. Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00
p.m. if the arena is located within 250 feet of a neighboring residence.
H. Livestock auction. A permanent facility where livestock are offered for sale to people who bid on animals.
I. Apiary. An assembly of one or more colonies of bees at a single location. An apiary must meet the following
standards:
1. Hives. All bee colonies shall be kept in removable frame hives, which shall be kept in sound and usable
condition.
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4.3.1. - Agricultural uses.
A. Farm. Any parcel of land containing at least three acres used primarily for the commercial, soil -dependent
cultivation of an agricultural crop, the facilities and storage necessary for the management of a commercial
custom farming operation or the hauling of farm products, the raising of fish, bees, plants or animals or the
raising of livestock including horse breeding farms. This does not include feed yards, poultry farms, exotic
animal farms or fur farms.
B. Sod farm or nursery. Any parcel of land containing at least three acres used to raise lawn grasses, trees,
flowers, shrubs and other plants for sale or transplanting where retail sales are limited to items produced on
the site.
1. A single-family dwelling occupied by the owner of the sod farm, tree farm or nursery is allowed as an
accessory building.
C. Tree farm. Any parcel of land used to raise and harvest trees for wood products such as lumber, posts and
poles, fuel wood and Christmas trees where forest products are sold on -site or transported to market and such
parcel is included in a forest management plan approved by the Colorado State Forest Service or other state
certified forestry consultant. Ceearcutting of more than 40 acres on a parcel in any 12-month period requires
approval through the special review process unless such clearcutting is specifically in conformance with the
forest management plan approved by the Colorado State Forest Service or other state certified forestry
consultant for the parcel being clearout.
D. Garden supply center. A facility for the sale of garden tools, equipment and supplies operated in conjunction
with a nursery and/or tree farm and that includes the sale of plant materials.
E. Commercial poultry farm. A facility for raising or keeping any type of fowl for the sale of the birds or their
byproducts.
1. A nonconforming poultry farm may include a farmstead as described in subsection 4.3.10 (accessory
uses).
2. New poultry farms established after the effective date of this Code require approval through the special
review process. Accessory dwellings must be included on the site plan submitted with the special
review application.
F. Feedyard. A confined enclosure for the feeding and fattening of livestock where the average number of
livestock exceeds ten animals per acre of feedyard and where less than 50 percent of the roughage type feed
is raised on the same farm premises.
1. A nonconforming Feedyard may include a farmstead as described in subsection 4.3.10 (accessory
uses).
2. Feedyards established after the effective date of this code require approval through the special review
process. Accessory dwellings must be included or the site plan submitted with the special review
application.
G. Equestrian operation. A facility or place used for horse boarding (including equestrian pasture boarding) and/or
equestrian activities for a fee, and/or for an exchange of goods or services. Activities associated with an
equestrian operation may include but are not limited to: on or off -site advertisement of the operation, a website
describing services available from the operation, and/or incorporating or filing taxes as a business. Uses
specifically excluded from equestrian operations are horse rescue, and horse breeding farms.
1. Equestrian operations are allowed by public site plan review, minor special review and special review as
detailed in the formula and chart below:
Criteria
Number
FactorSub-total
Maximum
X
1.0
=
number of
horses boarded
r kept for
raining (at any
time)
aximum
.5
=
umber of
wee
equestrian
trainee visits in
excess of 15
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Council Follow -Up: Initiating Annexations for Wild Plum Farm
March 20, 2012
Page 2
The question is: if annexed into the City, will there be any problems that the City will take on
related to zoning or uses of the property?
No, there will not The requested/recommended zoning is UE, Urban Estate, which is in
conformance with the City's Structure Plan. The existing single family residence and large
animal boarding facility are both permitted in the district.
H the property is annexed, will the designated zoning in the City allow a boarding facility?
The property is to be annexed and placed in the UE, Urban Estate District. "Animal boarding
(limited to farmvlarge animals) "is permitted in this district, subject to a Planning & Zoning
Board (7; pe 2) review. The definition of animal boarding in the City's Land Use Code is:
Animal boarding shall mean the operation of an establishment in which domesticated
animals other than household pets are housed, groomed, bred, boarded, trained or sold.
This term shall not include the operation of a kennel.
Does the City have a cap or any limitations on the number of animals/horses that can be boarded?
No, the City's Land Use Code does not have a cap or limitation on the number of animals/horses
that can be boarded. However, once in the City of Fort Collins the boarding operation will be
limited to 25 large animals, based on the Board of County Commissioner's limit set forth in their
approval of the special review. Also, Section 4-116 of the Municipal Code states:
Quantity of pet animals restricted. 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.
-2-
City, Of
FortCollins
DATE: March 20, 2012
Planning, Development & Transportation
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.8134- fax
fcgov.com
MEMORANDUM
TO: Mayor and City Councilmembers
THRU: Darin Atteberry, City Manager
—
Diane Jones, Deputy City Manager — Planning, Policy and Transportatio
Karen Combo, Planning, Development and Transportation Director
FROM: Steve Olt, City Planner ft'vo_Laurie Kadrich, Interimrecto
RE: Council Follow Up: Initiating Annexations for Wild Plum Farm
#13 and #14 Initiating Annexations for Wild Plum Farm/Steve Olt staff is asked to provide some
background regarding the use on the property (please coordinate with Steve Roy).
The use on the property (a single family dwelling and horse boarding facility) was deemed illegal by
the County and the owner was required to go through a Special Review process to legalize the use
(which the County Commissioners approved).
The Board of County Commissioners approved the Beckers Stable Special Review for this
property in March, 2011 to allow the existing horse boarding operation and limited the number
offarm animals (any combination of horselcow) to 25. The Board considered information set
forth in Section 4.3.1. G Equestrian operation of the Larimer County Land Use Codethe capacity
of the propertyfor the number of large animals, and public testimony in making their
determination on the number of large animals that this operation could have at any one time.
Also, because the property has contiguity to City limits and is eligible for annexation, the Board
required the property owner to petition for annexation into the City of Fort Collins, which he has
done.
Section 43.1 A 'cultural uses.
i. Equestrian operation. A facility or place used for horse boarding �includln
;equestrian pasture boarding) and/or equestrian activities for a fee, and/or for
rods or services. Activities associated with an ectuestrian1
include but are not limited to on or off -site advertisement
!operation, a website describing services available from the
rig or filing taxes as a_business Uses specifically excluded
operations are horse rescue, and horse breedine farms.;