HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - CORRESPONDENCE - RESPONSE TO APPLICANTDevel(-*Int Services -
Plannir. ; l-lerartment
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City of fort Collins
March 10, 1989
Mr. Sanford B. Thayer
1827 Michael Lane
Fort Collins, CO
Dear Mr. Thayer,
At the February 27, 1989, City of Fart Collins Planning and Zoning Board
meeting, you raised several questions and concerns regarding the use of your
property included in the proposed Ridge Annexation. City staff has had an
opportunity to discuss your questions and concerns and would like to respond
to them in this letter.
There are essentially four options for the City to consider in order to deal
with issue of raising livestock on your property. These are as follows:
Annex the property, place the property into the R-L-P Zone, and consider
the "raising of livestock" the existing use of the property, independent of
the specific type of livestock, and allow the continuation of the use under
the non -conforming provision of the zoning code.
2. Annex the property and place the property into the R-E, Estate Residential,
Zoning District, where Section 29-94 Farm animals., states:
it shall be permissible for farm animals to be kept on any R-E district
property as an accessory use. Farm . animals shall include, but not be
limited to, chickens, pigs, sheep, goats, horses and cattle."
By having farm animals as an allowable use in the R-E Zone, the raising of
livestock would not be considered a non -conforming use. Thus, you would not
have to be concerned about the continuation problem of a non -conforming use.
3. Annex the property and
place the property
into the T-Transition
Zoning
District and specifically
detail the numbers
and types of livestock
which
could be raised on the property.
The T Zone
is for properties which
are in
a transitional stage with
regard to ultimate
development. Section
29-422.
Uses permitted., of the T
Zone states:
"(1) No
use
shall be
permitted of properties in the T District except such
use as
existed on the
date the property was placed in this zoning district.
... The
City
Council
may grant a variance permitting expansion of any
existing
use
... to be
used in connection with the use of the property at
the time of
such zoning..."
300 LaPorte Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 • (303) 221-6750
Page 2
Defining the number of livestock which can be raised on a piece of property
placed into the T Zone has been addressed by the City in relation to the East
Vine Drive 7th Annexation in 1983. A section of Ordinance 100, 1983, placing
that property into -the T Zone, defined the numbers and specific types of
livestock which could be raised on the property. A similar section could be
added the zoning ordinance placing your property into the T Zone, such as:
"That the _zoning granted herein for Tract "A" (legal description of the
your property) acknowledges that the nature of any farming and livestock
raising operation is seasonal and would allow the property owners to
continue at a level not to exceed any previous historical maximum. The
property owners reserve the right to continue livestock raising not to
exceed head of cattle, head of sheep, head of ,
etc., and up to horses as a condition of this zoning."
4. Do not annex the property.
After discussing and considering the four options, staff has decided it will
recommend Option #3 because it more clearly delineates the allowable use of
the property and because of the precedent set in the East Vine Drive 7th
Annexation, which has seemed to work to the satisfaction of that property
owner and the City. You have also stated a reluctance to have your property
placed into the R-E Zone. Staff will have an appropriate ordnance prepared
for Option #3 if it is chosen as the direction to be followed by the City
Council at their meeting on March 21, 1989..
You also asked a question concerning the application of storm drainage fees to
your property. I've discussed this matter with Bob Smith, Director of the
City's Storm Water Utility. He indicated the monthly storm drainage fee
would not apply to the total area of your property. The fee would apply to
the areas used as "yards" by the existing buildings on the property. The Storm
Water Utility staff is willing to meet with you to determine which appropriate
areas would be subjected to the monthly. storm drainage fee. If you have
further questions or concerns about this issue, please feel free to contact Ms.
Dottie Nazarenus at 221-6589.
If I can be of further help, or if you have additional questions or concerns,
please feel free to contact me.
Sincerely,
Kenneth G. Waido
Chief Planner