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HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - REPORTS - SECOND READINGf-El" q� I q- AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITEM NUMBER: 41 a-d DATE: April 4, 1989 STAFF: Ken Waido Items Pertaining to the Ridge Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: A. Hearing to Make Findings and Determinations Concerning the Ridge Annexation. B. Resolution 89-81 Setting Forth Findings of Fact and Determinations Regarding the Ridge Annexation. C. Second Reading of Ordinance No. 56, 1989, Annexing Approximately 187.66 Acres, Known as the Ridge Annexation. D. Second Reading of Ordinance No. 57, 1989, Zoning Approximately 187.66 Acres, Known as the Ridge Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This Resolution sets forth findings and determinations that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 56, 1989 and Ordinance No. 57, 1989, which were unanimously adopted on First Reading on March 21, annex and zone approximately 187.66 acres located south of Harmony Road and west of Shields Street. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. This is the annexation of an enclave area. The property is presently developed residentially as part of the Ridge PUD and various other residential properties along Shields Street. Existing signs on the property will need to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See attached list. Planning and Zoning Board Recommendation The Planning and Zoning Board, at its regular monthly meeting on February 27, 1989, voted 7-0 to recommend approval of the annexation and R-L-P zoning. -2- A_n.nexation Agreements Staff has prepared Annexation Agreements which will be used to better define the nature of non -conforming uses that exist upon properties at the time of annexation. Two owners of property contained in the Ridge Annexation have indicated they have used their property for the purpose of raising various types of livestock. Under the proposed R-L-P zoning for the Ridge Annexation, certain types of livestock could not be reintroduced on a property if discontinued for a period of one year, or longer. The Annexation Agreements particularly define the nature of use conducted upon a property for the purpose of avoiding future disputes regarding the type of use which would be permissible under the ordinances of the City as a non -conforming use. RESOLUTION 89-81 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE RIDGE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Ridge Annexation; 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: Section 1. That the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City of Fort Collins for a period of not less than three (3) years prior to this date. Section 2. That the City Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the City Council further finds and determines that an election pursuant to Section 31-12-107(2) or 31-12-112(1), C.R.S., is not required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the City Council further finds that notice was given and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the City Council concludes that the area proposed to be annexed in the Ridge Annexation is eligible for annexation to the City of Fort Collins and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 4th day of April, A.D. 1989. ATTEST: City Clerk • Mayor • • ORDINANCE NO. 56, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE RIDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-27, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins has found and determined and does hereby find and determine that it is in the best interests of the City of Fort Collins to annex said area to the City, as required by the terms of the Intergovernmental Agreement between the City and Larimer County, Colorado, dated September 7, 1988. 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 situate in the East one-half of Section 3, Township 6 North, Range 69 West of the 6th p.m., County of Larimer, State of Colorado, which considering the North line of the Northeast quarter of said Section 3 as bearing N 89°41'43" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the North quarter corner of said Section 3, said point being the true point of beginning; thence N 89°41'43" E 2608.60 feet along the North line of said Northeast quarter to a point on a line 30.00 feet Westerly of and parallel to the East line of said Northeast quarter; thence S 00°00'40" W 2698.45 feet parallel with the East line of said Northeast quarter; thence S 89°41'43" W 20.00 feet; thence S 00°00'40" W 438.40 feet; thence S 89°4623" W 2591.81 feet to the North -South center line of said Section 3, thence along said North -South center line N 00°04'13" E 3133.35 feet to the true point of beginning. Containing 187.6584 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Ridge Annexation. Section 2. That, in annexing said property to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, 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 of Fort Collins. Section 3. That the City of Fort Collins 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. 0 0 Introduced, considered favorably on first reading,and ordered ed published this 21st day of March, A.D. 1989, and to be presented for hearing and final passage on the 4th day of ril, A.D. 1989. ATTEST: Mayor Passed and adopted on final reading this 4th day of April A.D. 1989. ATTEST: ity Cler 0 ayor L� r: ORDINANCE NO. 57, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE RIDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Ridge Annexation to the City of Fort Collins, Colorado, in the R-L-P Low Density Planned Residential District. A tract of land situate in the East one-half of Section 3, Township 6 North, Range 69 West of the 6th p.m., County of Larimer, State of Colorado, which considering the North line of the Northeast quarter of said Section 3 as bearing N 89°41'43" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the North quarter corner of said Section 3, said point being the true point of beginning; thence N 89°41'43" E 2608.60 feet along the North line of said Northeast quarter to a point on a line 30.00 feet Westerly of and parallel to the East line of said Northeast quarter; thence S 00°00'40" W 2698.45 feet parallel with the East line of said Northeast quarter; thence S 89041'43" W 20.00 feet; thence S 00°00'40" W 438.40 feet; thence S 89°46'23" W 2591.81 feet to the North -South center line of said Section 3, thence along said North -South center line N 00°04'13" E 3133.35 feet to the true point of beginning. Containing 187.6584 acres. Section 2. That the City Eng,ineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 148Q, and, to be presented for hearing and final passage on the 4th of Apri D. 1989. Mayor TTEST: City Clerk , 0 Passed and adopted on final reading this 4th day of April, A.O. 1989. ATTEST: Mayor City Clerk 0 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: i , EM NUMBER: 43 a-h DATE: March 21, 1989 STAFF: Ken Waido Items Pertaining to the Ridge Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and R-L-P zoning. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and R-L-P zoning. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 56, 1989, Annexing Approximately 187.66 Acres, Known as the Ridge Annexation. B. First Reading of Ordinance No. 57, 1989, Zoning Approximately 187.66 Acres, Known as the Ridge Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 187.66 acres located south of Harmony Road and west of Shields Street. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. This is the annexation of an enclave area. The property is presently developed residentially as part of the Ridge PUD and various other residential properties along Shields Street. Existing signs on the property will need to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins BACKGROUND: OWNERS: See attached list. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: DATE: March 21, 1989 4F _2_ ITEM NUMBER: 43 a-b N: Horsetooth-Harmony West Annexation, June 1980 E: Voc Tech/Smith Annexation, February 1986 S: Seven Springs/Hahn Annexation, April 1986 W: Seven Springs/Hahn Annexation, April 1986 This area will be eligible for involuntary annexation into the city any time after April 1, 1989. Staff initiated the annexation process in order to complete the process at the April 4, 1989, City Council meeting. On January 31, 1989, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, information about City electric rates in comparison to REA rates, and the meeting date of review by the Planning and Zoning Board. A copy of the letter and the included information is attached. A key to the timing of this annexation is the date of April 22, 1989. At that time the compensation payment the City must make to REA changes and customers annexed into the City before April 22 can save significant amounts on their monthly electric bills. Staff received several subsequent phone calls and met personally with several property owners to discuss the issues related to the annexation. Zoning: The requested zoning for this annexation is the R-L-P, Low Density Planned Residential Zoning District. The R-L-P District designation is for areas planned as a unit to provide variation in use, density and building placement. The property is currently developed residentially as part of the Ridge PUD and various other residential properties located along Shields Street. There is the potential for some redevelopment of properties along Shields Street. The R-L-P zone would allow the development of detached single-family homes through the subdivision process. Any higher density residential uses and/or non-residential development in the R-L-P zone would have to be proposed as a PUD and reviewed against the criteria of THE LAND DEVELOPMENT GUIDANCE SYSTEM. Findings: 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 COLIINS URBAN GROWTH AREA. The area meets all criteria included in State law to qualify for annexation by the City of Fort Collins. On February 7, 1989, the City Council passed Resolution 89-27 setting forth the intent to annex this property. The Resolution also indicated that the first readings of the ordinances annexing and zoning the Property will be considered by the City Council on March 21, 1989. Second readings will be considered on April 4, 1989. The requested R-L-P Zoning District is in conformance with the policies of the City's Comprehensive Plan. DATE: March 21, 1989 1qW_3 ITEM NUMBER: 43 a-b STAFF RECOMMENDATION Staff recommends approval of the annexation and R-L-P zoning. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on February 27, 1989, voted 7-0 to recommend approval of the annexation and R-L-P zoning. A copy of the Board's minutes is attached. Several property owners asked questions and raised issues about the annexation at the Planning and Zoning Board meeting. These are discussed below. Kilminster - Bee Keeping Issue. Mr. Al Kilminster, property owner and resident included in the annexation, indicated that he raises bees on his property and asked if the keeping of bees was allowed under City Code. City Code Chapter 4, Animals and Insects, Division 2. Bees, contains Section 4-226. Keeping of bees prohibited., which states: "The keeping by any person of bee hives in the city is declared to be a menace to the health and safety of the residents of the city and is hereby declared a nuisance and prohibited." Staff investigated the possibility of allowing the continuation of the keeping of the bees under the non -conforming use provision of the zoning code. However, the common law, while providing for the continuation of non -conforming uses, does not permit a use which is declared to be a nuisance to be continued under the guise of a non -conforming use. Since Section 4-226 of City Code declares bees to be a menace to health and safety and a nuisance, the keeping of bees as a non -conforming use would not be allowed. There are two options for the Council to consider in order to deal with the beekeeping issue: I. Annex the property and require the property owner to remove the bees. 2. Annex the property and amend Section 4-226 to allow the keeping of bees under certain conditions, such as, minimum lot size, set back requirements, requirements for bee fences, etc. We would be able to provide a proposed ordinance to implement this option at the April 4, 1989 Council meeting. Thayer - Raising of Livestock Issue. Mr. Sanford Thayer, property owner included in the annexation, indicated his property was actually used for farming operations/the raising of livestock and questioned the impact of the annexation on the continuation of those activities. Again, continuation of legal uses of a property are covered under the non -conforming use provisions of the zoning code. However, Mr. Thayer indicated the type of livestock raised on the property could change from year to year, one year the property could be used to DATE: March 21, 1989W I-4- ITEM NUMBER: 43 a-b raise cattle, the next year sheep, etc. Mr. Thayer questioned if he ceased to raise a specific type of livestock for a period of a year, or longer, would the zoning code prohibit the reintroduction of that type of livestock at some point in the future. According to City Code, a non -conforming use may not be discontinued for a period of a year, or longer, and be legally reintroduced on the same property at some future date. We recommend that the property be annexed 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. Under this option it would be advisable to enter into an agreement with the landowner stipulating to the species of livestock permitted as a non -conforming use, the maximum number of head of each species, and the maximum aggregate number of head. Also, seasonal usage might be addressed. Such a stipulation would avoid some potential for dispute in the future. :1 2: THE RIDGE A.P.O William & Darlyne Murcko AO Gress & 0 Camnany 4921 South Shield 1109 West HarmLxiy Road Fort Collins, CO 80521 Fort Collins, CO 80526 Alan Kilm.inster Truth Richardson McGarvey, GD/Stark, Lee 4621 South Shields 215 Circle Drive 931 Poudre Canyon Fort Collins, CO _80526 Fort Collins, CO 80524 Bellvue, CO 80512 Ethel Cohen Sanford B. Thayer Gerald F. Neilon 4730 West Northern #3086 c/o Trust Dept. 719-904080 1309 West Harmony Road Glendale, AZ 85301 Seafirst P.O. Box 750 Fort Collins, CD 80526 Vancouver, WA 98660 Free Enterprises, Inc. The Ridge Homeowners Assoc. Ewald Skowron 1803 Garfield 4600 Regency Drive P.O. Box 8796 Loveland, CO 80537 Fort Collins, CO 80526 Fort Collins, 00 80525 David & Judith Aschermann Ellis , Sharon & Copeland Dale & Kathleen Brei 4617 Chippendale Drive Blocker 4701 Chippendale Dri Fort Collins, CO 80526 4625 Chippendale Drive Fort Collins, CC 80526 Fort Collins, 00 80526 Steven Burbridge Orvil & Linda McKenzie Curtis & Kathryn Ghent 4709 Chippendale Drive 4717 Chippendale Drive 4801 Chippendale Drive Fort Collins, CD 80526 Fort Collins, CO 80526 Fort Collins, CO 80526 Steven & Anne Marie Thompson Kim & Eric Kazan Jo Anne Hoyt 4809 Chippendale Drive P.O. Box 1067 1517 Hepplewhite Court Fort Collins, 00 80526 Fort Collins, CO 80522 Fort Collins, CO 80526 Donald & Wanda David Zachary & Margaret Kaplan Stephen & Virginia Rich 1509 Hepplewhite Court 3630 Capitol Drive 1433 Hepplewhite Court Fort Collins, CO 80526 Fort Collins, CO 80526 Fort Collins, CO 80526 Deborah & Timothy Hitt Robert & Catherine Chalstrom Stanley & Sara Everitt 3333 Trevelyan 1417 Hepplewhite Court 1409 Hepplewhite Court Manhatteh, KS 66502 Fort Collins, CO 80526 Fort Collins, 00 805 6 Carol & Mark Hodapp David & Patricia Hudson Thomas Peck & Mary ["McQuai( 1401 Hepplewhite Court 1317 Hepplewhite Court 2?18 Cotswold Court Fort Collins, OD 80526 Fort Collins, 00 80526 Fort Collins, 00 80526 Loyd & Marjorie Bjorlo 1209 Hepplewhite Court OZL i::s, C C'03.26 Roger & Joanne Linderoth 1316 Hepplewhite Court Fort Uallins, CO 80526 M., J., A., & V. Dibiase 1416 fepplewhite Court Fort Collins, CO 80526 Stephen & Adele Howard 4917 Chippendale Drive Fort Collins, 00 80526 Theodore & Sherry Tsai 4816 Regency Drive Fort Collins, CO 80526 Kurt & Marty Bachman 4732 Regency Drive Fort Collins, CO 80526 John & Carol Skeen 4609 Regency Fort Collins, CO Richard & Bette Swearingen 4608 Regency Drive Fort Collins, CO 80526 Loring & Nancy Knutson 4625 Regency Drive Fort Collins, CO 80526 Brian & Cindy McMahil1 4755 SE 14th Street .� Gc'velana, u7 oU i37 Nancy, Richar, & Kovats Lea 1400 Hepplewhite Court Fort Collins, CO 80526 L7oyle & Bernadette Goolsby 1500 Hepplewhite Court Fort Collins, CO 80526 Jeffrey & Nana Tonkin 4901 Chippendale Drive Fort Collins, CO 80526 Arthur & Margaret Jesser 4925 Chippendale Drive Fort Collilns, CO 80526 Laura Ann Barstow 1480 Sierra Drive Boulder, CO 80302 Tillotson 6610 South Kilimanjaro Evergreen, CO 80439 Richard & Joanne Roncka 4624 Regency Drive Fort Collins, OD 80526 John & Vivian Barclay 4609 Regency Drive Fort Collins, 00 80526 Cyrus & Shirley Norman 4701 Regency Drive Fort Collins, CD 80526 Howard Relocation Group, Inc. 220 S. Orange Ave. #101 Livingston, NJ 07039 United Bank of Fort Colli Trustee for Li.nderoth, R. P.U. Wx 220.i Fort Collins, CO 80522 72 JUAk •. Stephen & Linda Schaefer 1508 Hepplewhite Court Fort Collins, CD 80526 Douglas & Kathleen Jo Hog, Bonk 4909 Chippendale Drive Fort Collins, CO 80526 Richard & Margaret Delane• 4824 Regency Drive Fort Collins, 00 80526 Robert, Janine, & Kathlleei 48W Regency Drive Fort Collins, CO 80526 Mary Kirby 4716 Regency Drive Foft Collins, CO 80526 Edwin & Silvija Widmer 4616 Regency Drive Fort Collins, CD 80526 Alton & Barbara Tomlin 4617 Regency Drive Fort Collins, CO 80526 Donovan & Joan Carpender 4709 Regency Drive Fort Collins, OD 80526 Robert Grondin 5 Circle Drive Fort Collins, CO 80524 Dorothy & Keith Wilson 4801 Regency Drive Part Collins, CO 80526 1heodore & Samara McNeff 4816 Chippendale Drive Fort Collilns, CO 80526 Richard & Marilyn Hartig 4716 Chippendale Drive Fort Collins, CD 80526 Robert & Pauling Barnhart 4624 Chippendale Drive Fort Collins, CO 80526 Francis & Renee Oldham 1109 Hepplewhite Court Fort Collins, 00 80526 Herbert & Marilyn Pec* 4916 Chippendale Drive,_. Fort Collins, o[) 80526 Keith & Alice Stauff 4808 Chippendale Drive Fort Collins, 00 80526 Michael & Maria Myshatyn 4708 Chippendale Drive Fort Collins, CO 80526 Randy & Pamela Bailey 4616 Chippendale Drive Fort Collins, 00 80526 Gary & Lynette 4908 Ch11iW Drive 526 0 Darrell & Leota Fleener 4724 Chippendale Drive Fort Collins, CO 80526 Bernard & Theresa Cochran 524 Larkbunting Drive Fort Collins, Cc) 80526 Armour Dale & Helen Kilme Berneking 4608 Chippendale Drive Fort Collins, CO 80526 Richard & Delores Cutierr 5109 South Shihlds Street Fort Collins, CC) 80526 � Dapff4 � PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 27, 1989 THE RIDGE ANNEXATION AND ZONING Ken Waido gave a brief summary of the proposal. The annexation included The Ridge PUD, a residential project approved in the county and several other properties. He noted the property in question was an enclave annexation and cited the policies in the UGA Agreement. He stated the zoning for the prop- erty was proposed as R-L-P, Low Density Planned Residential. He stated that the property owners were notified of the annexation in January and in addi- tion to the letter, information which dealt with the annexation, taxes, land use, zoning, utilities, electrical service information, and street maintenance was included. Staff recommended the approval of the annexation and zoning. Member Burns asked if the property was in the Fort Collins/Loveland Water District. Mr. Waido replied yes. He explained the annexation policies in the UGA Agreement and believed the City had annexed over 20 county enclaves in the past three years, the largest being Skyline Acres on Horsetooth Rd. and Shields St. He stated the Ridge property was the largest county subdivision to be an enclave annexation. Member Edwards asked about the economical ramifications to the residents. Mr. Waido stated the property tax would increase for the property owners. At the conclusion of the annexation procedure, the County Assessors Office would apply the City's 8.797 mill levy and subtract the 8.777 mill levy of the Poudre Fire Authority. The net increase was .02 of a mill. He stated the sales tax would be an impact, as property owners would be required to pay sales tax on large ticket items, such as an automobile or large appliances. He stated the utilities could remain with one exception, that being electrical. A septic system must be connected to a public system if and when it failed. He said all other mill levys, school districts, and hospital districts would not change. He believed that most questions from property owners dealt with whether, upon annexation, streets would need to be upgraded to City standards. The answer was no. The streets could remain as long as the residents were satisfied with that level of service. The City would do maintenance service, such as potholes but the City will not absorb the burden if, in the future, the street needed to be reconstructed. He believed the Ridge Homeowners Association recently overlayed their streets. Member Burns asked if the residents would pay monthly storm drainage fees. Mr. Waido replied yes, upon annexation. Larry Gray, Vice President of the Ridge Homeowners Association, stated the Homeowners Board was resigned to annexation by the City. He urged the Planning and Zoning Board to proceed with the annexation, making it effective prior to April 22, when a surcharge of 25% would be applied to the residents current power rates. Bert Petrie, resident, asked what would become of the 30 acres of green belt which was owned by the Homeowners Association. Mr. Eckman stated the ownership status would not change. Mr. Petrie asked if they could limit access to the open space to the residents of the Ridge. Mr. Eckman answered yes. Member Edwards noted that the same rights applied to the green belt area as applied to individual lots. Al Kilminster, resident, would rather not be annexed as he believed he would pay more in taxes and fees in the City. He stated he raised bees and believed this was against the code of the City and believed he would have to get rid of them. He stated the RLP zoning would leave the area open to PUDs. He envisioned condos, and 7-11 stores. Mr. Eckman stated that the keeping of bees within the City limits was declared a menace to residents and declared a nuisance and prohibited. He noted that under a Non -Conforming Use provision, that legally existing uses prior to annexation were allowed to continue unless abandoned. He was not prepared to state that a nuisance in the Non -Conforming Use provision would be allowed to continue. Mr. Kilminster pointed out that he had 8 hives and the surrounding area was pasture. Chairwomen O'Dell asked who would make the decision as to whether the hives could remain. Mr. Peterson stated it would be up to the Zoning Administrator to decide, after consultation with the City Attorney's Office and Planning Staff. Lloyd Bjorlo, resident, asked when the effective date for this annexation would be. Mr. Waido stated City Council would consider the second reading on April 4. He said the effective date would be April 14, if approved. Sanford Thayer, a trustee of 20% of the land proposed for annexation, asked what the impact of storm drainage fees would be on 35 acres, which contained one house and a mobilehome. Mr. Waido did not believe it would be a major impact as it was a predom- inantly vacant piece of land. Member Burns stated it would be $243 a month for a storm drainage mainte- nance fee. He said that if the property were to be developed, drainage fees would apply at approximately $3,500 per acre. Mr. Waido stated he would meet with the storm drainage department and address Mr. Thayer's concerns. Mr. Thayer requested that his 35 acres be withdrawn from the annexation petition. The acreage was farmland and will continue to be used as farmland. The requested zoning was not compatible with the existing uses. He noted that the type of land uses changed, as different types of livestock were pastured there. Mr. Waido noted that the RE zone allowed livestock and that Mr. Thayer's property could be zoned differently than the rest of the site. Mr. Thayer stated he would prefer the RLP zoning, with a record which would reflect the variety of land uses which existed at the time of annexation. Mr. Eckman stated the prior uses were non -conforming and would be allowed to continue to exist. Mr. Thayer asked if past land uses, such as 60 head of cattle, would constitute prior use. Mr. Eckman stated the definitions of Non -Conforming Uses and believed that the typical amount of cattle, rather than a counting of heads on April 14 would be used. Mr. Thayer requested that the record show that in the past, the property had seen up to 60 head of cattle and 35 head of horses. Mr. Eckman noted that residents may contest the statement, and would hesitate to state that the City would be bound to that statement. Mr. Thayer asked that his property be exempted from the planned annexation. Mike Myshatya, resident, appreciated the information sent to the residents but wished to received more information on storm drainage fees. Mr. Peterson stated the amount would be $2-3 and that larger fees were assessed as the property developed. He stated that staff would send them the information. Mr. Myshatya asked that the information be sent to Mr. Gray and the Home- owners Association. Mr. Eckman believed that staff should visit Mr. Thayer's property to note the uses. In respect to the bee issue, he had concerns about using the Code provisions for a Non -Conforming Use to allow a possible nuisance. Member Edwards asked if the problem could be resolved with a variance. Mr. Eckman stated that the code did not provide for a use variance in city limits and a variance would not change its prohibition. Member Edwards had concerns that Mr. Kilminster's bee -keeping had been done with no apparent complaints and now he had no alternative to continue that activity. Mr. Peterson stated that further investigation would be needed to resolve Mr. Kilminster's concerns. Member Kern moved to recommend approval to City Council the Ridge Annex- ation and Zoning. Member Edwards seconded the motion. Member Edwards asked if a separate motion was needed for Mr. Thayer's objection to the annexation of his property. Mr. Waido replied no. Chairperson O'Dell noted that Mr. Thayer may make his objections known to City Council, who have the final authority. The motion to approve passed 7-0.