HomeMy WebLinkAboutWILD PLUM FARM ANNEXATION NO. 2 - ANX110002 - REPORTS - RECOMMENDATION/REPORT (7)streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 1 st day of May,
A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
Passed and adopted on final reading on the 15th day of May, A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
ORDINANCE NO. 040, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
WILD PLUM FARM ANNEXATION NO.2
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-018,.finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A tract of land being a portion of the tract of land described in the Warranty Deed
recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2,
N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the
6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing
due North with all bearings herein relative thereto is described as follows:
Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4;
thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 40.00 feet
to the East Right -of -Way line of North Taft Hill Road and the Point of Beginning;
thence East, 106.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence
East, 58.00 feet; thence North 81.19 feet more or less to the North line of said S 1/2,
N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East,
768.80 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence
North 89 degrees 30 minutes 32 seconds East, 319.00 feet; thence South 00 degrees
00 minutes 39 seconds West, 82.35 feet; thence South 89 degrees 30 minutes 12
seconds West, 1263.40 feet to the East Right -of -Way line of North Taft Hill Road;
thence North, 73.88 feet to the Point of Beginning.
This annexation contains 3.822 acres.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Wild
Plum Farm Annexation No. 2, which annexation shall become effective upon completion of the
conditions contained in Section 31-12-113, C.R.S., including, without limitation, submission of all
required filings for recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
RESOLUTION 2012-029
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE WILD PLUM FARM ANNEXATION NO. 2
WHEREAS, annexation proceedings were heretofore initiated by the City Council for
property to be known as the Wild Plum Farm Annexation No. 2; and
WHEREAS, following notice given as required by law, the City Council has held a hearing
on said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the petition for annexation complies
with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
Section 2. That the City Council hereby finds that there is at least one -sixth (1/6)
contiguity between the City and the property proposed to be annexed; that a community of interest
exists between the property proposed to be annexed and the City; that said property is urban or will
be urbanized in the near future; and that said property is integrated with or is capable of being
integrated with the City.
Section 3. That the City Council further determines that the applicable parts of said Act
have been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the City Council further finds that notice was duly given and a hearing
was held regarding the annexation in accordance with said Act.
Section 5. That the City Council concludes that the area proposed to be annexed in the
Wild Plum Farm Annexation No. 2 is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1 st
day of May A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
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
improved 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. You are not actually imposing new conditions although y, 11 .could expressly
recognize that you're intending for those existing conditionsto+,continue to be enforced.
Public Input
None
Board Discussion's'��. , wt 1. 1-,
Member Schmidt said she'd like it to be on the record thatthese conditionslbe
vat° INIo 0.111,
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 approve d�wi condition and"slie,believes the city should
recognize them. Member Kirkpatrick agreed°+�? �0i',"Ikl
Member Schmidt moved the Planning a:nd Zoning"Board recommend approval of
the Wild Plum Farm Annexation and Zoning No. 1, #,iANX110001 making note of
the conditions thatrwere putln place at th'e time the County Commissioners
approved the Special ReviewA#sPAlso, the zone should be UE — Urban Estate.
Member Kirkpatrick seconded the motion. Motion was approved 6:0.
Member Schmidt asked if sh`ei should just go"s �forward with the motion for No. 2,
#ANX110002 Daggettsaid y60d,like to make the same motion with respect to No. 2.
tni
Schmidt;asked if there needed to'be, public comment. Daggett asked if they intended
the discussion to cover both items b"e'oause it appeared to be the case. Schmidt and
CampanaI aid yes. The Chair coArmed that there were no requests for public input on
No. 2.,xif11
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
hf
motion. Motion was approved 6:0.
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.
Levingston said that Code Section 4-72 applies primarily to pers11 o'n`al use; not like this
commercial horse boarding facility. She said Code Section 4;-;1'16 would apply. It 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`'6L health or safety
hazard to the owners, keeper or others and withoutconstitutinga nuisance to the
occupants of neighboring properties. Levingston said the city would alsomphold the
maximum number of 25 horses. .,~ r", 4Ql
Deputy City Attorney Daggett said there are a co6ple6,of othbF sections of the code that
manageme t of wastete to care and land treatmentof .of s in animals. the city — Se 1`h 4-70 and 4-71 address
M,..,M.
Vice Chair Campana asked if the countyhcoh
into the city. Daggett said the limitations°the i
use once it's annexed. It may be that a re`coi
,.. 1,;,
helpful to clarify. If there is=no,condition placi
is up to 25 horses on�hhe site `1Gampana saic
16 conditions shownmhtheir January 10`h mir
�,
treatment, facilities for`dewith manure, I
E,
Has it already been done� aling ?,I,",�+�� . ..... .
ons would apply;once they're annexed
inty imposed on the use, would limit the
�endatioWeifthere is one, would be
x, . 1
on the zoning, the existing permitted use
�Iq
Myond the limit of 25 horses, there were
:s. Conditions had to do with manure,
ting, etc. Do we need to police that?
Member;Schmidt asked if the applicant wants to speak to the questions asked by Vice
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 Larimer
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
ATTACHMENT
Planning and Zoning Board
April 19, 2012
DRAFT minutes
Project: Wild Plum Farm Annexation # 1, ANX110001 and Wild Plum
Farm Annexation # 2, ANX110002
Project Description:Annexation #1 is a request to
Annexation # 2 is a request to an
are located on the east side of No
1,750 feet north of West Vine Di
and is in the FA - Farming�gDin
surrounding properties are, currer`
Larimer County to the north, we:
.P r ni ,
Estate in the City (Lincolnl,Uumor
a xm; of
requested zoning for this annexati
Recommendation: On both Annexations and
�,,,.
the annexation wl 46&recor the UE - Urban Estatei+Zon
i,K r f+
Hearing Testimony, Written,�,G�omments and"O
City Planner CourtneyEevingston said the grope
single family residerice and ho%se boarding faciiil
had a special review before the>Larimer CountyJ
'+iit 6'11� at 9t 4uapn, ,�
County Board approved com4mercia,l boarding sty
maximum,,§table'operation conditions, 3
nd1anne
nnex WaInd zone 0.64 acres.
W'dhd zone 3.82 acres. Both
i`TafthHill Road, approximately
Mi �u
e. Tlieproperty is developed
ict in Larmer County. The
r zoned FAli�io, Farming in the
and south; and?;UE�— Urban
igh School) to the:"'east. The
;11-is UE —Urban Estate.
recommends approval of
ie property be placed in
District:
�r Evidence
is developed and has an existing
In February 2011 — Becker's Stable
rd of County Commissioners. The
with conditions such as 25 horse
ion into the city.
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'Nannexed, the City will uphold the maximum large animal
condition placb&on the property by the Board of County Commissioners.
The City's Neighborho}odlServices Code Compliance Division will enforce applicable
municipal code prov'isloris 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.
No Text
May 1, 2012 -2- ITEM 12
In February 2011, the Larimer County Board of County Commissioners held a Special Review meeting regarding the
horse boarding facility located on the subject property. The County Board of Commissioners approved the boarding
stable with conditions such as a 25 horse maximum, stable operational conditions and a requirement for the
applicant/property owner to petition for annexation into the City. An ordinance proposing zoning with the conditions
established by the County will come for Council consideration on May 15, 2012.
FINANCIAL / ECONOMIC IMPACTS
No direct financial impacts result from the proposed annexation. The property is developed at the present time,
containing a single-family residence and a commercial horse boarding facility.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
At its April 19, 2012 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and
zoning request and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the
property be placed in the Urban Estate Zone District. The motion made note of the conditions that were put in place
at the time the County Commissioners approved the Special Review. The minutes from the April 19, 2012 Planning
and Zoning Board Hearing are attached.
PUBLIC OUTREACH
The public notification of the annexation and zoning request occurred two weeks prior to the item going before the
Planning and Zoning Board at their scheduled public hearing on April 19, 2012. A letter of notification of the public
hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The
Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held
for this annexation and zoning request.
ATTACHMENTS
1. Vicinity Map
2. Planning and Zoning Board minutes, April 19, 2012
DATE: May 1, 2012 I
STAFF: Courtney Levingston • - • •
Items Relating to the Wild Plum Farm No. 2 Annexation.
A. Resolution 2012-029 Setting Forth Findings of Fact and Determinations Regarding the Wild Plum Farm
Annexation No. 2.
B. Hearing and First Reading of Ordinance No. 040, 2012, Annexing Property Known as the Wild Plum Farm
Annexation No. 2.
EXECUTIVE SUMMARY
This is a request to annex 3.32 acres 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, Urban Estate
in the City (Lincoln Junior High School) to the east. The zoning ordinance will come forward on May 15, 2012.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements. There are no issues or known controversies associated with this annexation
BACKGROUND / DISCUSSION
The applicant, Shane L. Beckers, the property owner, has submitted a written petition requesting annexation of 3.32
acres 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 requested zoning for this annexation is UE -
Urban Estate. The surrounding properties are currently zoned FA- Farming in the Larimer County to the north, west
and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance will come
forward on May 15, 2012.
The property is located within the Fort Collins Growth Management Area. According to policies and agreements
between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins
Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is
eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from
a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east.
Findings:
1. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management
Area.
2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
3. On March 20, 2012, the City Council approved Resolution 2012-018 that accepted the annexation petition and
determined that the petition was in compliance with State law. The Resolution also initiated the annexation
process for the property by establishing the date, time and place when a public hearing would be held
regarding the readings of the Ordinances annexing and zoning the area.
4. The request is in conformance with the City of Fort Collins Land Use Code