HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - DECISION - CORRESPONDENCE (3)`'�
F6rtCollins
Mr. Gene Fischer, Legal Counsel
Mr. John Moen, Superintendent
The Larimer County Canal NO. 2 Irrigating Company
125 South Howes Street, Suite 900
Post Office Box 506
Fort Collins, CO 80522
Dear Mr. Fischer and Mr. Moen:
Planning, Development and
Transportation Services
Current Planning
281 N. College Avenue
PO Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
tcgov. com/currenolanning
March 29, 2011
I have received your two letters regarding the current and future activities of the
Larimer County Canal NO. 2 irrigation ditch. From the information provided by
Mr. Moen, it appears that the primary purpose of the irrigation ditch in question is
to provide raw water for agricultural purposes, even though some of the water
delivered through the ditch serves properties that are not currently being used for
agricultural purposes.
In addition, the information I have been able to obtain from the City is consistent
with Mr. Fischer's representation that, over the years, the City of Fort Collins has
not regulated activities associated with maintenance, repairs and relocations of
the ditch.
Based on this information and on Section 5.1.2 of the City of Fort Collins Land
Use Code, the aforementioned activities, being in the context of an agricultural
use, would qualify as being exempt from "Development' and would not be
considered a nuisance. Section 5.1.2 states:
"(2) Development shall not include:
(d) the use of any land for the purpose of growing plants, crops,
trees and other agricultural or forestry products; for raising or
feeding livestock (other than in feedlots); or for other agricultural
uses or purposes, provided none of the above creates a nuisance."
If you have any further questions regarding this issue, please feel free to call our.
office at 221-6750.
Sincerely:
Ted She
Chief Planner