HomeMy WebLinkAboutBARNES ANNEXATION AND ZONING 2.4.92 CITY COUNCIL HEARING - 53 91 - CORRESPONDENCE - RESPONSE TO APPLICANTDevelopment Services
Planning Department
City of Fort Collins
Al and Clare Barnes
2637 W. County Road 40
Fort Collins, CO 80521
January 22, 1992
Dear Mr. and Mrs. Barnes,
Thank you for stopping in at the Planning Office to discuss the
upcoming annexation. I have been able to gather up some additional
information which should answer some of your questions. Please see
the attached information on Bees and Farm Animals. I have also
included information concerning the policies in the
Intergovernmental Agreement between the City of Fort Collins and
Larimer County which are guiding this annexation.
I spoke with the Zoning Department concerning the existing uses and
what happens upon annexation and zoning into the RLP, Low Density
Planned Residential, District. Horses are allowable, as an
accessory use in the RLP District. Any farm animals such as goats,
pigs, chickens, and cows would become non -conforming uses. If
active and continuous operations are not carried on in a
nonconforming use during a continuous period of one year, the
building, structure, or land where such non -conforming uses
previously existed would revert back to conforming uses only. In
other words, if you were to get rid of all farm animals (excluding
horses) for a period of one year, you would have to ask for special
review through the Planned Unit Development process, to be able to
have farm animals from then on.
Please contact Light and Power at 221-6700 for information
concerning electric utility fees.
If you have other questions concerning this annexation, please do
not hesitate to call.
Sincerely,
/?WrL Q
Kirsten A. Whetstone
Project Planner
28'1 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6730
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ANIMALS AND INSECTS
birds with the consent or approval of the state
Division of Wildlife when it is shown that the
birds are. or have become, a nuisance or health
hazard in any particular location in the city.
(Ord. No. 160, 1986, § 1(35-36), 11.4.86)
Secs. 4-158-4-175. Reserved.
DIVISION 9. ENFORCEMENT
Sec. 4-176. Enforcement personnel.
The civil and criminal provisions of this Chap-
ter shall be enforced by those persons designated
by the city.
(Ord. No. 160, 1986, § 1(35.37), 11-4-86)
Sec. 4-177. Interference with animal control
officers prohibited.
No person shall knowingly interfere with, im-
pede or obstruct any animal control officer who is
attempting to discharge or is in the course of
discharging an official duty or fail to obey the
lawful order of an animal control officer.
(Ord. No. 160, 1986, § 1(35-38), 11.4-86)
Sec. 4-178. Right of entry granted.
Animal control officers and police officers are
hereby authorized to enter upon any premises,
excluding a dwelling unit, in the city for the pur-
pose of impounding animals which they are au-
thorized hereunder to impound, or for any other
purpose authorized by this Chapter.
(Ord. No. 160, 1986, § 1(35.39), 11.4-86)
Cross reference —Right of entry requirements, § 1.16.
Secs. 4-179-4-195. Reserved.
DIVISION 10. PENALTIES
Sec. 4.196. Generally.
Any person found guilty of violating any provi-
sion of this Chapter, whether by acting in a man-
ner declared to be unlawful or by failing to act as
Supp. No. 8
309
§42'26
required, shall be punished in the manner described
in § 1-15,
(Ord. No. 160, 1986, § 1(35-40), 11-4-86)
Cross reference —General penalty, § 1 15,
Sec. 4-197. Additional penalties or require-
ments for vicious animals.
In addition to the penalties provided in § 1.15.
the Municipal Judge shall order any animal de
termined to be vicious barred from the cite or
destroyed by the humane society. If' the -JudgL
orders the specific disposition of the animal. such
order shall be carried out immediateh. If the owner
of the animal is given a choice as to the disposi-
tion of the animal, the Judge shall order the o\� net
to immediately surrender the animal to the ani-
mal shelter for impoundment if the same has not
already occurred. Such impoundment shall be at
the owner's expense. The owner shall make a
decision as to the disposition of the animal %%ithin
five (5) days. If the animal is to be taken out of'
the city, the animal shall be released to the owner
for the purpose of immediately transporting the
animal outside of the city.
(Ord. No. 160, 1986, § 1(35-41), 11.4-86)
Cross reference —General penalty. § 1 15.
Secs. 4-198-4-210. Reserved.
ARTICLE III. INSECTS
DIVISION 1. GENERALLY
Secs. 4-211-4.225. Reserved.
DIVISION 2. BEES*
Sec. 4-226. Definitions.
The following words, terms and phrases, when
used in this Division, shall have the meanings
ascribed to them in this Section:
*Editor's note —Ord. No. 72, 1989, adopted Apr. 4, 1989,
repealed § 4-226 and enacted a new Div. 2, §§ 4.226-4-237.
Former § 4.226 was derived from Ord. No. 160, 1986, § 1(35-42),
adopted Nov. 4, 1986.
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§ 4-226
FORT COLLINS CODE
Apiary shall mean a place where bee colonies
are kept.
Bee shall mean any stage of the common do-
mestic honey bee, apis melli%era species.
Colony shall mean a hive and its equipment
and appurtenances, including bees, comb, honey,
pollen and brood.
Hive shall mean a structure intended for the
housing of a bee colony.
Tract shall mean a contiguous parcel of land
under common ownership.
Undeveloped property shall mean any idle land
that is not improved or actually in the process of
being improved with residential, commercial, in-
dustrial, church, park, school or governmental
facilities or other structures or improvements in-
tended for human use or occupancy, and the grounds
maintained in association therewith. The term
shall be deemed to include property developed
exclusively as a street or highway or property
used for commercial agricultural purposes.
(Ord. No. 72, 1989, 4-4.89)
Sec. 4-227. Certain conduct declared unlawful.
(a) The general purpose of this Division is to
establish certain requirements of sound beekeep-
ing practices, which are intended to avoid prob-
lems that may otherwise be associated with the
keeping of bees in populated areas.
(b) Notwithstanding compliance with the vari-
ous requirements of this Division, it shall be un-
lawful for any beekeeper to keep any colony or
colonies in such a manner or of such disposition
as to cause any unhealthy condition, interfere
with the normal use and enjoyment of human or
animal life of others, or interfere with the normal
use and enjoyment of any public property or prop-
erty of others.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-228. Hives.
All bee colonies shall be kept in Langstroth
type hives with removable frames, which shall be
kept in sound and usable condition.
(Ord. No. 72, 1989, 4-4-89)
Supp. No. 8
310
Sec. 4-229. Fencing of flyways.
In each instance in which any colony is situ-
ated within twenty-five (25) feet of a public or
private property line of the tract upon which the
apiary is situated, as measured from the nearest
point on the hive to the property line, the bee-
keeper shall establish and maintain a flyway bar-
rier at least six (6) feet in height consisting of a
solid wall, fence, dense vegetation or combination
thereof that is parallel to the property line and
extends ten (10)feet beyond the colony in each
direction so that all bees are forced to fly at an
elevation of at least six (6) feet above ground level
over the property lines in the vicinity of the api-
ary. It is a defense to prosecution under this Sec-
tion that the property adjoining the apiary tract
in the vicinity of the apiary is undeveloped prop-
erty for a distance of at least twenty-five (25) feet
from the property line of the apiary tract.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-230. Water.
Each beekeeper shall ensure that a convenient
source of water is available at all times to the
bees so that the bees will not congregate at swim-
ming pools, bibcocks, pet water bowls, birdbaths
or other water sources where they may cause
human, bird or domestic pet contact.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-231. General maintenance.
Each beekeeper shall ensure that no bee comb
or other materials that might encourage robbing
are left upon the grounds of the apiary site. Upon
their removal from the hive, all such materials
shall promptly be disposed of in a sealed container
or placed within a building or other bee -proof
enclosure.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-232. Queens.
In any instance in which a colony exhibits un-
usually aggressive characteristics by stinging or
attempting to sting without due provocation or
exhibits an unusual disposition towards swarm-
ing, it shall be the duty of the beekeeper to re -
queen the colony. Queens shall be selected from
ANIMALS AND INSECTS
stock bred for gentleness and nonswarming char-
acteristics.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-233. Colony densities.
(a) It shall be unlawful to keep more than the
following number of colonies on any tract within
the city, based upon the size or configuration of
the tract on which the apiary is situated:
(1) One -quarter (1/4) acre or less tract size —two
(2) colonies;
(2) More than one -quarter (1/4) acre but less
than one-half (1/2) acre tract size —four (4)
colonies;
(3) More than one-half (1/2) acre but less than
one (1) acre tract size —six (6) colonies;
(4) One (1) acre or larger tract size —eight (8)
colonies; and
(5) Regardless of tract size, where all hives are
situated at least two hundred (200) feet in
any direction from all property lines of the
tract on which the apiary is situated, there
shall be no limit to the number of colonies.
(b) For each two (2) colonies authorized under
colony densities, subsection (a) above, there may
be maintained upon the same tract one (1) nu-
cleus colony in a hive structure not exceeding one
(1) standard nine and five -eighths (9%) inch depth
ten (10) frame hive body with no supers attached
as required from time to time for management of
swarms. Each such nucleus colony shall be dis-
posed of or combined with an authorized colony
within thirty (30) days after the date it is acquired.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-234. Marking hives, presumption of
beekeeping.
P• 8•
(a) In apiaries, the name and telephone num-
ber of the beekeeper shall be branded, painted or
otherwise clearly marked upon the structure of at
least two (2) hives and placed at opposite ends of
the apiary. Instead of marking the hives, the bee-
keeper may conspicuously post a sign setting forth
the name and telephone number of the beekeep-
er. It is a defense to prosecution under this sub-
Supp. No. 8
311
4 4-236
section that a colony is kept on the same tract
upon which the owner resides.
(b) Unless marked in accordance with subsec-
tion (a), it shall be presumed for purposes of this
Division that the beekeeper is the person or per-
sons who own or otherwise have the present right
of possession and control of the tract upon. which
a hive or hives are situated. The presumption
may be rebutted by a written agreement author-
izing another person to maintain the colony or
colonies upon the tract setting forth the name,
address and telephone number of the other per-
son who is acting as the beekeeper.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4-235. Inspection.
The City Manager shall have the right to in-
spect any apiary between the hours of 8:00 a.m.
and 5:00 p.m. Where practicable, prior notice shall
be given to the beekeeper if he/she resides at the
apiary or if his/her name is marked on the hives.
(Ord. No. 72, 1989, 4-4-89)
Sec. 4.236. Declaration of nuisance.
The keeping by any person of bee colonies in
the city not in strict compliance with this Divi-
sion is declared to be a menace to the health and
safety of the residents of the city and is hereby
declared to be a nuisance and is prohibited. Any
bee colony not residing in a hive structure in-
tended for beekeeping, or any swarm of bees, or
any colony residing in a standard or homemade
hive which, by virtue of its condition, has obvi-
ously been abandoned by the beekeeper, is hereby
declared to be a menace to the health and safety
of the residents of the city and is hereby declared
to be a nuisance and is prohibited. Any bee colo-
nies kept in the city not in compliance with this
Division or otherwise declared to be a nuisance
pursuant to this Section may be summarily de-
stroyed or removed from the city by the City Man-
ager. In each instance in which a bee colony is
destroyed, all usable components of the hive struc-
ture that are not damaged or, rendered unhealthy
by the destruction of the bees shall upon the bee -
keeper's request be returned to the beekeeper,
provided that the beekeeper agrees to bear all
transportation expenses for their return.
(Ord. No. 72, 1989, 4-4-89)
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§ 4-237 FORT COLLINS CODE
Sec. 4-237. Enforcement.
The City Manager shall be charged with en-
forcement of this Division.
(Ord. No. 72, 1989, 4-4.89)
Supp. No. 8
O
312
(The next page is 3591
a
§ 4.52
FORT COLLINS CODE
state Department of Health for the particular spe-
cies of animal which was bitten, it shall be sum-
marily destroyed. If the animal has been involved
with another animal or human, a necropsy shall
be performed by a certified laboratory to deter-
mine rabies contamination.
(Ord. No. 160, 1986, § 1(35-10), 11-4.86)
Sec. 4-53. Destruction of rabies infected ani-
mals.
If rabies has been detected in any animal, such
animal shall be summarily destroyed.
(Ord. No. 160, 1986, § 1(35-11), 11.4.86)
Secs. 4-54-4-69. Reserved.
DIVISION 4. CARE AND TREATMENT
OF ANIMALS
Sec. 4-70. Improper care or treatment pro-
hibited.
(a) No owner or keeper of an animal shall fail
to provide that animal with sufficient good and
wholesome food and water, proper shelter and
protection from the weather, veterinary care when
needed to prevent suffering and humane care and
treatment.
(b) No person shall beat, cruelly ill-treat, tor-
ment, overload, overwork or otherwise abuse or
kill an animal or cause, instigate or permit any
dogfight, cockfight, bullfight or other combat be-
tween animals or between animals and humans.
(c) No owner of an animal shall abandon such
animal.
(Ord. No. 160, 1986, § 1(35-12), 11-4-86)
Sec. 4-71. Removal of animal waste required.
The owner or keeper of any animal shall be
responsible for the removal of any feces deposited
by such animal on streets, sidewalks, parks and
recreation areas or private property.
(Ord. No. 160, 1986, § 1(35-13), 11-4.86)
Cross reference —Health and sanitation, Ch. 12.
Supp. No. 2
304
Sec. 4-72. Minimum size of pasture area for
horses or ponies.
Horses or ponies may be kept for the use of
occupants of a lot and their guests provided that
at least one-half (1/2) acre of pasture area is avail-
able for each horse or pony.
(Ord. No. 160, 1986, § 1(35-14), 11-4-86)
Sec. 4-73. Limitation on possession and feed-
ing of wild or exotic animals.
(a) No person shall own, keep or feed any ani-
mal for which a state license is required unless
such person possesses the appropriate license from
the state Division of Wildlife.
(b) No person shall own, keep or feed any wild
or exotic animal including without limitation the
following:
(1) Bears;
(2) Any species of feline other than ordinary
domesticated house cats;
(3) Skunks;
(4) Poisonous reptiles;
(5) Raccoons, except as permitted under a state
wildlife rehabilitation license;
(6) Deer; or
(7) Any species of nonhuman primate, but ex-
cluding animals imported under authority
of state or federal law.
(c) For the purposes of this Section, to feed shall
mean all provision of edible or drinkable materi-
al, including without limitation bones, salt licks
and water.
(d) It is a defense to a charge of violating this
Section that a person holds a valid city circus,
menagerie or carnival license under § 15.291 or
that a person is feeding only squirrels and birds.
(Ord. No. 160, 1986, § 1(35-15). 11-4.86)
Sec. 4-74. Maltreatment of performing animals
prohibited.
It shall be unlawful for any person to put on a
performing animal exhibition in which an animal
is induced or encouraged to perform through the
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ANIMALS AND INSECTS
(2) The applicant is totally or partially blind,
totally or partially deaf or otherwise phys-
ically disabled and is the owner of a guide
dog or service dog as defined in Section
24.34-801, C.R.S., or other dog trained for
the purpose of aiding such person.
(Ord. No. 160, 1986, § 1(35-8), 11-4.86; Ord. No.
168, 1987, § 1, 11-3-87)
Secs. 4-37-4-50. Reserved.
DIVISION 3. RABIES CONTROL
Sec. 4-51. Rabies vaccination required.
(a) No owner or keeper of a dog over six (6)
months of age shall fail to have such dog vacci-
nated against rabies when the dog becomes six (6)
months of age and again at one (1) year of age.
Thereafter no such person shall fail to have the
dog vaccinated at intervals recommended by the
veterinarian. If any dog is found in the city with-
out a current rabies vaccination tag affixed to its
collar or harness, the owner of such dog shall be
presumed to have violated this Section.
(b) No owner or keeper of a cat over six (6)
months of age shall fail to have such cat vacci-
nated against rabies when the cat becomes six (6)
months of age and again at one (1) year of age.
Thereafter, no such person shall fail to have the
cat vaccinated at intervals recommended by the
veterinarian. If any cat is found in the city with-
out a current rabies vaccination tag affixed to its
collar or harness, the owner of such cat shall be
presumed to have violated this Section.
(c) The inoculation required in this Section shall
be made by a person legally authorized to do so as
designated by the county Health Department.
(Ord. No. 160, 1986, § 1(35-9), 11.4-86)
Sec. 452. Reporting animal bites; confinement.
(a) Any person having knowledge that an ani-
mal other than a rodent, rabbit, bird or reptile
has bitten a human shall immediately report the
incident to an animal control officer.
(b) If any animal is suspected of having rabies
or if any animal has bitten a person and such
animal has not had a current vaccination, such
Supp. No. 2
303
§ 4.52
animal shall be confined for a period of at least
ten (10) days by a leash, chain or cage at the
animal shelter or at a veterinary hospital of the
owner's choice, all at the expense of the owner of
the animal. During the ten-day observation peri-
od, no rabies vaccine shall be administered to the
animal.
(c) No animal held for observation on suspicion
of rabies shall be released until the observation
period is over, except as follows:
(1) If the owner shows proof of current rabies
vaccination, the animal may be released
into quarantine at the owner's residence.
at the discretion of the animal control offi-
cer; or
(2) If the victim of the bite and the owner re-
quest that the animal be quarantined at
the owner's residence and the owner agrees
in writing to hold the city and the humane
society harmless from liability for releas-
ing the animal to the owner, the animal
may be released into quarantine at the own-
er's residence, at the discretion of the ani-
mal control officer.
(d) If an animal is released into quarantine at
the owner's residence pursuant to (c) above, the
owner shall not permit such animal to leave the
owner's residence. If such animal is found outside
the owner's residence, it shall be taken and con-
fined at the animal shelter or at a veterinary
hospital of the owner's choice, all at the expense
of the owner, for the remainder of the confine-
ment period.
(e) If any animal has been bitten by another
animal suspected to have rabies, the owner of
such animal exposed to rabies shall report such
fact to an animal control officer. The animal con-
trol officer shall have the power, in the officer's
discretion, to have the animal suspected of hav-
ing rabies or of being exposed to rabies removed
from the owner's residence to a veterinary office
or hospital and placed under observation for a
period of up to six (6) months at the expense of the
owner, provided that the owner may elect to have
such animal destroyed in lieu thereof.
(f) Notwithstanding the above, if a standard
incubation period has not been established by the
4
2.7 Establishment of a Drainage Basin Fee for the Urban Growth Area Zoning
District. Pursuant to Title 30, Article 28 132 (11), Colorado Revised Statutes, the County
will collect a drainage fee at the time of issuance of applicable building permits for
improvements on lands located within the Urban Growth Area consistent with the basin
fee collected by the City of Fort Collins within the City limits. Such fee shall be used
for Drainage Capital Improvements within the basin from which the fee was collected.
Drainage improvements shall be consistent with the current Drainage Basin Master Plans
and project scheduling shall be mutually agreed upon by the City and County. The
drainage fee shall annually be reviewed and included in the supplemental regulations.
2.8 Disposition of Fees. The County and City agree that unused fees, except the
park fees as provided for the Paragraph 6 above, collected pursuant to this agreement and
unused from county developments subsequently annexed to the City shall, upon
annexation, be delivered to the City.
2.9 Development Outside of the Urban Growth Area. Larimer County agrees to use
the Larimer County Comprehensive Plan as a guideline for development outside the
Urban Growth Area. Subsequent revisions to said Comprehensive Plan shall be
forwarded to the City for recommendations at least thirty-five (35) days prior to final
action by the County.
2.10 Annexations.
A. The City agrees to consider the annexation of any parcel or parcels of land
located in the UGA in accordance with the provisions of Title 31, Article
12 of Colorado Revised Statutes.
B. Tile City agrees to consider for annexation any Annexation Petition for any
undeveloped or developed parcel or parcels of land which qualify for
voluntary annexation pursuant to State law. The City also agrees to the
annexation of all County Road rights -of -way, easements, etc., adjacent to
a voluntary annexation in accordance with Title 31, Article 12 Colorado
Revised Statutes. Provided however that the City may not annex such
County roads and rights -of -way if annexation of such roads and rights -of -
way would impede future annexation anticipated by the City to be
accomplished by the use of a "flagpole" configuration; nor shall the City
be required to annex any such County road if such road is primarily used
by County development. In the event the City shall determine not to
annex such roads or rights -of -way, it shall provide a written explanation
in the annexation impact reports provided to the County outlining the
City's reasons for determining not to annex such roads or rights -of -way.
C. The City agrees to pursue involuntary annexation of any undeveloped
parcel or parcels, or any undeveloped, partially developed, or developed
Z
subdivision, planned unit development, special review case, or any other
development approved by the Larimer County Board of Commissioners
prior to January 1980, when State statutory requirements for involuntary
annexations have been met.
D. The County agrees that the City, except as provided in Section 1.8 of this
agreement, may annex outside the Urban Growth Area. The City agrees
that proposed annexations outside the UGA will be sent by certified mail
to the Board of County Commissioners for review and comment at least
thirty-five (35) days prior to scheduled public hearing.
E. The County agrees to require a binding annexation agreement (see
Appendix E attached hereto) as a condition of approval on any
development application requiring approval by the Larimer County Board
of Commissioners, or an appointed advisory commission, committee, or
County staff, acting on behalf of the Commissioners, and located within
the UGA but not eligible for voluntary annexation to the City.
F. The City and County agree that the City is not obligated to annex any
development approved by the Larimer County Board of Commissioners
after January 1988, which does not conform to the Larimer County Urban
Growth Area Standards, unless a waiver or modifications to such
standards was granted by the, Commissioners and the City Council
recommend approval of the waiver or modification.
2.11 Improvement to County Roads. The City agrees to apply its Off -Site Street
Improvement Policy to any development within the City limits which has an identifiable
impact on the County road system which may require the developer to make certain
improvements to County roads outside the City limits. If improvements are to be made
to County roads outside of the City limits, the City agrees to send the plans of said
improvements to the Larimer County Planning Department and Larimer County Public
Works Department for review and comment.
2.12 Amendments to the Urban Growth Area Boundary. The City and County agree
that amendments to the Urban Growth Area Boundary shall be in accordance with the
procedures and requirements outlined in the Supplemental Regulations and shall be
considered an amendment to this agreement.
' 2.13 Enforcement. It is the intent of both the City and the County that this Agreement
be binding upon both the City and the County, and that either party hereto shall be
permitted to specifically enforce any provision of this agreement in a Court of competent
jurisdiction.
7