HomeMy WebLinkAbout20162588.tiffRESOLUTION
RE: ACCEPT REQUEST OF KENNETH AND RANA BACHMAN, CIO TANNER HILL, TO
WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT, USR16-0015, FOR A KENNEL (UP TO 75 DOGS, SIX
(6) MONTHS OF AGE OR OLDER OF A NON-SPECIFIC BREED TO INCLUDE DOGGIE
DAYCARE AND BOARDING) IN THE A (AGRICULTURAL) ZONE DISTRICT
WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on September 7, 2016, the Board moved to continue the application of
Kenneth and Rana Bachman. c/o Tanner Hill. 11774 Quail Road. Longmont, CO 80501. prior to
hearing the complete case, for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0015, for a Kennel (up to 75 dogs. six (6) months of age or older of a non-specific
breed to include doggie daycare and boarding) in the A (Agricultural) Zone District. to allow the
applicant to meet with the City of Longmont with the intent to discuss amending the Conservation
Easement. on the following described real estate. to -wit, and:
Lot 1 Bachman Conveyance Plat; being part of
Section 18. Township 2 North. Range 68 West of the
6th P.M., Weld County. Colorado
WHEREAS, on October 5, 2016. the Board was presented with an electronic mail. dated
September 30. 2016. from the applicant requesting the withdrawal of the application. stating the
effort to amend did not result in the conclusion they were seeking. and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present. studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed. deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Kenneth and Rana Bachman. c/o Tanner Hill, to withdraw
the application for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0015, for a Kennel (up to 75 dogs, six (6) months of age or older of a non-specific breed
to include doggie daycare and boarding) in the A (Agricultural) Zone District on the parcel of land
described above be, and hereby is. accepted.
CL; 9L1e6,
2016-2588
PL2436
ACCEPT WITHDRAW REQUEST - (USR16-0015) KENNETH AND RANA BACHMAN, 0/O
TANNER HILL
PAGE 2
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 5th day of October. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�j„dt/IAAJ %-fddlo;cie
Weld County Clerk to the Board
7
BY:(
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Deputy Clerk to the Board
APP
County Attorney
Date of signature: U I a, / R°
k. I
Mike Freeman. Chair
ara Kirkmeyer
Steve Moreno
c •
2016-2588
PL2436
To:
From:
Subject:
MEMORANDUM
Board of County Commissioners
Kim Ogle, Planning Services
Kenneth and Rana Bachman c/o Tanner Hill
Withdrawal of Application, USR16-0015
Date: October 5, 2016
The Board of County Commissioners at their September 7, 2016 land use hearing continued
case no. USR16-0015 to the Board of County Commissioner's October 5; 2016 hearing docket
for a Site Specific Development Plan and Special Review Permit for a kennel (up to 75 dogs, six
(6) months of age or older to include doggie daycare and boarding), in the A (Agricultural) Zone
District to allow the property owner(s), Kenneth and Rana Bachman, and the applicant, Tanner
Hill, to schedule a meeting with the City of Longmont to discuss the application and the referral
from the City of Longmont.
The property is located on Lot 1 Bachman Conveyance Plat, being part of NW4 of Section 18. T2N,
R68W of the 6th P.M., Weld County, CO; and more specifically located North of and adjacent to
County Road 20.5, approximately 0.5 miles east of County Road 1.
Mr. Bachman indicated that Scott Dunn, his attorney, spoke with the assistant City Attorney Dan
Kramer. Mr. Dunn states "Unfortunately the City is continuing to take a hard line and is not
interested in exploring permitting the proposed use. Dan Kramer was very candid that they only
want residential and agricultural and It did not sound like a meeting would be productive."
Given the position of the City, the property owner's and the applicant corresponded by email to
the Department of Planning Services on Thursday September 29, 2016 respectfully requesting
the official withdrawal of the Bachman application for USR16-0015.
Attachments
SERVICE, TEAMWORK, INTEGRITY, QUALITY
From: Scott Dunn (mailto:scott@flanderslaw.com]
Sent: Friday, September 23, 2016 3:36 PM
To: ken@klbcpa.com
Subject: Conservation Easement
Ken:
I spoke with the assistant City Attorney Dan Kramer. He had discussed with Dan Wolford. Unfortunately
the City is continuing to take a hard line and is not interested in exploring permitting the proposed
use. Dan Kramer was very candid that they only want residential and agricultural and It did not sound
like a meeting would be productive.
Dan Kramer said that the Buyer may be represented by counsel and it sounded like they have also been
in touch with the City.
The conversation with Dan Kramer raised a concern for me as he said they were considering whether
they needed to initiate litigation as they cannot be beholden to what Weld County may decide. As we
discussed, regardless of what Weld County may decide, Longmont has a private right to enforce the
Conservation Easement, so, absent an agreement with them, there is an issue as to whether the use
would be permissible.
As you indicated you were not interested in getting into a legal fight with Longmont, you don't want to
place them in a position where they feel bound to initiate a court action to get an interpretation of the
Conservation Easement that drags you into some legal fight. We should discuss, but the clear message
was, the City is prepared to fight for their interpretation of the Easement so it may be necessary to turn
this off without delay so the City does not think you are pressing ahead despite the easement.
Is the status of the contract that you are still out of contract? If that is the case we should discuss
whether you should go ahead and withdraw your application with Weld County as otherwise it sounds
like the City may initiate some legal action.
Please advise of your thoughts.
All the best,
Scott
Scott W. Dunn
Flanders, Elsberg, Herber & Dunn LLC
scott@flanderslaw.com
401 Main Street, Suite 1
Longmont, CO 80501
303-776-5380 (P)
303-776-8102 (F)
From: Tanner Hill [mailto:landk33@gmail.com]
Sent: Thursday, September 29, 2016 10:35 AM
To: ken@klbcpa.com
Cc: Kim Ogle <k_gle@co.weld.co.us>; rana@klbcpa.com
Subject: USR 16-0015
HI Ken,
Could you send an email to Kim confirming that we are officially withdrawing our application for USR 16-
0015.
Kim,
This is my official notification as a co -applicant that we are withdrawing our application for USR 16-0015.
Let me know if you have any questions.
Thanks
Tanner
From: Ken Bachman [mailto:ken@klbcpa.com]
Sent: Thursday, September 29, 2016 12:10 PM
To: 'Tanner Hill' <landk33@gmail.com>
Cc: Kim Ogle <kogle@co.weld.co.us>; rana@klbcpa.com
Subject: RE: USR 16-0015
Kim,
This is the Bachman's official notification as a co -applicant that we are
withdrawing our application for USR 16-0015.
Let me know if you have any questions.
Thanks
Ken Bachman
Kenneth L. & Rana A. Bachman
1762 Edgewater Place
Longmont, Colorado 80504
cell 303-550-4642
ken@klbcpa.com
September 30, 2016
Kim Ogle, Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
RE: Docket #2016-68, PL2436
A Site Specific Development Plan and Use by Special
Review Permit, USR16-0015
Tanner & Sarah Hill
Property located at 465 CR 20.5, Longmont, CO 80504
Dear Kim:
As requested we are providing a formal notarized notification that Kenneth and Rana
Bachman are withdrawing the aforementioned application for the property located at 465
CR 20.5, Longmont, CO 80504. Additionally this notification also terminates Tanner
Hill's appointment as authorized agent to represent the Bachman's in this matter.
If there are any questions or anyone would like to further discuss this matter with us please
do not hesitate to contact us..
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 30th day of September. 2016
by Kenneth Bachman
Witness my hand and official seal.
My commissions expires: S ,5 90/7
CAROL R MEYER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134053446
MY COMMISSION EXPIRES SEPTEMBER 5, 2017
Viler —
Notary Publi
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Address
Tisa Juanicorena
From:
Sent:
To:
Subject:
Kim Ogle
Friday, September 30, 2016 1:29 PM
Esther Gesick; Tisa Juanicorena; Karla Ford
Addition to File USR16-0015
From: Ken Bachman [mailto:ken@klbcpa.com]
Sent: Friday, September 30, 2016 1:16 PM
To: Kim Ogle <kogIe@co.weld.co.us>
Cc: rana@klbcpa.com
Subject: RE: request from legal for the withdraw of the application
Kim,
I want to personally thank you for your assistance in this matter, which unfortunately did not reach the
conclusion we were hoping for, but it was not for lack of trying. Could you also pass on to the County
Commissioners that Rana and I want to thank them for their time and effort on this matter as well since we will
not be in attendance to do so personally.
Thanks
Ken & Rana Bachman
1
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