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HomeMy WebLinkAboutWILD PLUM FARM ANNEXATION NO. 2 - ANX110002 - DECISION - MINUTES/NOTESPlanning & Zoning Board April 19, 2012 Page 4 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 the application 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 if you'd like to make the same motion with respect to No. 2. Schmidt asked if there needed to be public comment for No.2. 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. oject: Colorado Early Colleges, 4800 Wheaton Drive, Site Plan Advisory Revi , # SPAR120002 Project De iption: This is a request to convert the entire first floor of 4800 Wheaton D ' e for a public charter high school with an estimated total enrollment of 240 s ents served by 15 teachers and staff. There would be no building additio no modifications to t exterior or changes to the site or to the physical pa g lot. The first floor . cont ' 25,000 square feet and already features c srooms and an auditorium. A was set that way by a previous tenant — Heri a Christian Academy. One existing tena will continue to occupy the se nd floor. Originally, the project was approved as Oa idge Business Park, and Filing, Lot One in 1984 for Co linear Corporati The site con ' s 4.05 acres and is zoned H-C, Harmony Corridor. Recommendation: Approval Hearing Testimony, Written Comments tl Other Evide e Chief Planner Ted Shepard said the cc rsion to a public sch charter is governed by Colorado State Statutes. The conversion is in confo ance with the Oak Ridge A nded O.D.P. and permitted in the H- C zone. The Site Plan Advisory iew complies with State Statutes to the location, character and extent of the project. Further, t project complies with the applicable Ge ral Development Standards, Zone District Standards and' in conformance with City Plan. Shepard added the p ing spaces are not 212 as previously noted. It's been 'eld verified at 230 spaces. Staff reco ends approval. Applicant's P sentation Keith King id he's a State Senator from Senate District 12, Colorado Springs and the AdmiXnistrthe Col do Springs Early Colleges. With him tonight is Sandy Brown, Academic Dean for Fo Planning & Zoning Board April 19, 2012 Page 3 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 in this case. That code 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. She said 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 10t' 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 Lariiner 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 approved 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. Daggett said 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 Planning & Zoning Board April 19, 2012 Page 2 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. Levingston said 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. Levingston said 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. Vice Chair Campana called the meeting to order at 6:07 p.m. Roll Call: Campana, Carpenter, Hatfield, Kirkpatrick, Schmidt, and Stockover Excused Absences Smith Staff Present: Kadrich, Daggett, Levingston, Shepard, Bolin, Ex, and Sanchez -Sprague Agenda Review Interim CDNS Director Laurie Kadrich reviewed the agenda Citizen participation: None Vice Chair Campana asked if there were any audience or Board members who wanted to pull items from the Consent Agenda. Member Schmidt asked that Wild Plum Farm Annexation and Zoning Nos. 1 and 2 be placed on the Discussion Agenda. Consent Agenda: 1. Minutes from the February 16, 2012 Planning and Zoning Board Hearing. 4. Waterglen PUD Self Storage, Extension of Final Plan, # 71-93D Member Schmidt made a motion to approve the minutes from the February 16, 2012 Hearing and the Waterglen PUD Self Storage Extension of Final Plan, # 71-93D. Member Stockover seconded the motion. The motion was approved 6:0. Discussion Agenda: 2, Wild Plum Farm Annexation and Zoning No. 1, #ANX110001 3. Wild Plum Farm Annexation and Zoning No. 2, #ANX110002 5, Colorado Early Colleges, 4800 Wheaton Drive, Site Advisory Plan Review, #SPAR120002 6. Planned Development Overlay District 7, Land Use Code Change Proposal related to Urban Agriculture