HomeMy WebLinkAbout20162599.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Ken and Rana Bachman Case Number USR16-0015
0/0 Tanner & Sarah Hill
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
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SCARBROUGH LETTER OF OPPOSITION, May 17, 2016
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MOISAN LETTER OF OPPOSITION, May 20, 2016
X
3
HANSEN LETTER OF OPPOSITION, May 23, 2016
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SCHRINER LETTER OF SUPPORT, May 25, 2016
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BRYARLY LETTER OF OPPOSITION, May 26, 2016
X
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ROZELLE LETTER OF SUPPORT, May 27, 2016
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7
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CABAN LETTER OF SUPPORT, May 27, 2016
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WILLARD LETTER OF SUPPORT, May 27, 2016
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KEMP LETTER OF SUPPORT, May 29, 2016
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TEETZEL LETTER OF SUPPORT, May 31, 2016
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SCHMIDT LETTER OF SUPPORT, May 31, 2016
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NAGAO LETTER OF SUPPORT, May 31, 2016
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HAY LETTER OF SUPPORT, June 1, 2016
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JUAREZ LETTER OF SUPPORT, June 1, 2016
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HAMM LETTER OF SUPPORT, June 1, 2016
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PAQUETTE LETTER OF SUPPORT, June 1, 2016
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CURREN LETTER OF SUPPORT, June 2, 2016
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BACHMAN LETTER OF SUPPORT, June 2, 2016
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X
19
CRATE LETTER OF SUPPORT, June 3, 2016
20
J. HITE, ESQ. LETTER ON BEHALF OF APPLICANT HILL, July 12, 2016
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LONGMONT CITY ATTORNEY'S OFFICE LETTER, July 14, 2016
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I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior tolthe scheduled Planning Commissioners hearing\)(Iiiter-
Kim QIe Planner
RECEIVED 5.17.2016 @ 9:32 PM via email
May 17, 2016
To Whom It May Concern:
This letter is with regards to the application for the kennel (up to 75 dogs to include a doggie
daycare and boarding) that is suggested to be located North of and adjacent to CR 20.5;
approximately .5 miles east of CR 1.
As property owners adjacent to this space, (the suggested kennel property line would be less
than 100 feet from our front door) we are extremely concerned if this application is approved
for the following reasons:
1.) We have spoken to more than one credible real estate agent who agree that a kennel so close to
our property would lower our property value significantly.
2.) We moved our family to this home surrounded by Longmont Open Space with the knowledge
and expectation of peace and quiet. We are extremely worried about the noise a kennel would
create.
3.) We also moved to our home surrounded by wildlife including the baby eagles and hawks that
are born every year in the two cottonwood trees that are directly in front of the suggested
kennel property. Every fall, the thousands of geese and ducks that feed off of these fields
surrounding the kennel area would be scared off and forced away.
4.) It is concerning to think about the additional traffic that will be created in front of our house if
the suggested kennel is approved.
5.) Another reason we picked this home is have our kids be a part of the Weld County agricultural
heritage by teaching them farming and living off of the land. This suggested kennel directly in
front of our home would disturb what we are teaching.
The only way to mitigate these concerns is to not allow this kennel to be built at this location.
We will do whatever is necessary to make sure this does not take place.
Respectfully,
Aryn & Buck Scarbrough and Family
EXHIBIT
S
t
RECEIVED 5.20.2016 @ 10:27 AM via email
TO WHOM IT CONCERNS:
I moved out here for peace and quiet, open space, and wildlife. I got this card to open a kennel across
the street and absolutely do not want it there. It will create noise, traffic, and bring down my property
value. I have lived here over 25 years and have worked too hard for this.
I will do whatever it takes to protest it from opening.
Gerald Moisan
Sent from my iPad
EXHIBIT
2
RECEIVED 5.23.2015 @ 10:27 AM via email
Hello Mr. Ogle,
We understand there is an application in Weld County Planning from a person who would like to
build a boarding dog kennel on County Road 20 '/2, close to County Line Road. We are opposed
to this possible business as the area is agricultural/residential. We farm and live close to this
property and would have problems with barking dogs.
We am not sure of the range in which neighbors need to be notified of building applications,
however, our property is within 1/ mile of this. Will you please add our name to the list of
people/entities to be notified for this property?
Thank you for your time and consideration,
Anne and Phil Hansen, managers
Regnier Farms Inc.
720-271-6500
EXHIBIT
3
RECEIVED 5.25.2016 @ 3:37 PM via email
To Whom It May Concern:
I am writing this letter of support and recommendation for Tanner Hill with regards to Rocky Hill
Ranch. Tanner has shown a great deal of professionalism and respect to those of us who have lived next
to his kennel for the last eight years. He has always been more than willing to address and solve any
questions or concerns I may have had over the years. He has done a tremendous job of ensuring that
the noise level has not had a negative effect on our ability to enjoy our lifestyle on our adjacent property.
Please don't hesitate to contact me if you have any questions.
Thank you
Gene Schriner
Neighbor
303-591-4401
EXHIBIT
.a
2
RECEIVED 5.26.2016 @ 3:53 PM via email
Hello,
I live at 754 County Road 20 1/2 and I found out from my neighbor there is an application in process for
a dog boarding facility less than half a mile away from my house. This is a mixed agricultural and
residential area and a large number of outdoor kennels is completely inappropriate for this area.
Please put me on your emailing or mailing list for this permit process. I'm not sure why only the closest
neighbor to that property received notice.
Thank you.
Cathy Bryarly
754 County Road 20 1/2
Longmont 80504
303-746-4729
RECEIVED 5.27.2016 @ 9:40 AM via email
Hello, Mr. Ogle.
I am writing to express my happiness with the current Rocky Hill Ranch Doggy Daycare
location on County Road 3, and would love to see Tanner Hill receive approval to open a second
location. I know the Road 3 facility is at or near capacity and folks have to sometimes wait for a
cancellation to take their dog to daycare. Boarding fills up quickly as well.
My dog Reuben has been going to Rocky Hill twice a week for over 5 years. He loves it and is
clearly disappointed on the days that he doesn't go. I appreciate Rocky Hill's dedication to safety
for the dogs and employees. All dogs must pass an in-depth evaluation that is conducted in the
presence and absence of the owners to assure good temperament and social skills with humans
and other dogs. Not all daycare facilities do this and the popularity of Rocky Hill is partly due
to the peace of mind this gives dog owners. Improvements, such as play areas/structures, pools,
increased staff, and an additional yard have been ongoing.
Please consider granting approval to a second Rocky Hill location. The residents need this
service and Rocky Hill Ranch has proven itself to be a high quality business.
Thank you,
Marian Rozelle
2574 County Road 12
Erie, CO 80516
303-828-4740
RECEIVED 5.27.2016 @ 10:22 AM via email
Dear Mr. Ogle,
I am writing in support of Rocky Hill Ranch's desire to open a second location in Weld
County. I have been bringing my dog Evie to Rocky Hill Ranch for several years now. Evie is a
rescue dog and has had a lot of trauma in her very short life. I tried other doggie day cares but
they were very close quarters (often hi industrial parks) and just didn't work for her. She came
home more nervous and scared than when she went in. After I started taking her to Rocky Hill
Ranch, she blossomed. There is plenty of room for her to run and play. And, Tanner and his
staff really understand dog (and owner) behavior. They helped Evie in so many ways to relax
and learn the proper way to behave with the other dogs. She cries all the way to the Ranch
because she is so excited and she sleeps all the way home.
Rocky Hill Ranch deserves a chance to offer their incredible and professional services to more
people in Weld County and the surrounding communities. I drive all the way from Broomfield
two days a week. I don't know what I would do without them. It's not just another doggie day
care. I feel very fortunate that I have a space for Evie now but if something were to happen and
they didn't have room for her at the current location, I would have no other options for her.
If you have any questions or would like to talk to me further about my experience at Rocky Hill
Ranch, please email me or call me at 720-382-3360.
Thank you.
Sincerely,
Anne Caban
EXHIBIT
t
RECEIVED 5.27.2016 @ 11:43 AM via email
Good morning Mr. Ogle,
I am submitting this email in support of Rocky Hill Ranch. My family and I live in the Weld
County portion of Erie. We take our dog Blitz to Rocky Hill Ranch 2-3 days per week for day
care (for the past 2 years). Rocky Hill Ranch is a wonderful resource for our community and
specifically my family. We have three kids (6, 7 and 11) and with our busy work schedules (2
working parents) having this resource available 10 minutes down the road is invaluable.
Blitz is a rescue dog and he struggles in new environments (and with new dogs). We would love
to take him to a dog park, but he can be territorial so we avoid that
potential conflict/problem. He is very comfortable at Rocky Hill Ranch (in fact he loves his play
days) and the staff is wonderful with him. As loyal customers we would fully support Rocky
Hill Ranch's opening of a second location. There are times when they are at or near capacity
(especially around holidays and during the summer). Having a second location would provide a
great resource to customers in our community (including my family).
Thank you for your consideration,
T.J. Willard
130 Alva Court
Erie, CO 80516
RECEIVED 5.29.2016 @ 8:27 PM via email
Dear Mr Ogle,
I am writing to you in support of Rocky Hill Ranch expanding and opening a new location in Weld
County.
I have been customer of client of Rocky Hill Ranch for about 3 years. I depend on it regularly for
boarding my dog, as I travel often.
The staff at the Ranch are caring, compassionate, professional and dependable.
I also use this facility for day care on days when I am not home all day. It gives my pet the opportunity to
spend extended time outside getting much needed exercise and more importantly socialization. The
dogs spend the day roaming around the very large open field playing with other dogs, chasing squirrels
(my dogs favorite pastime), splashing in the mud and just doing what dogs are supposed to do.
My dog has benefited in many ways from her time at Rocky Hill Ranch. She is a rescue pet and was
abused by a previous owner. She is a very sweet and mellow dog, but was very afraid of everything
when we first brought her home. She is now a very confident, well mannered dog. I give a lot of credit to
the staff at Rocky Hill Ranch for this change in her.
Since my pet spends a lot of time at Rocky Hill Ranch I have gotten to know the staff very well. They are
kind and compassionate to all of the dogs and their owners.
I am concerned that this facility is so popular that they are now nearly at capacity and may not be able
to take on new clients. I would very much support them opening a new facility in Weld County so that
more pet owners can take advantage of this valuable service.
I have used may different pet boarding facilities and Rocky Hill Ranch stands out as one of the finest.
They have plenty of room for the dogs to roam freely and at the same time the dogs are very well
attended.
This business is an important asset to the Weld County community as a place where dog owners can
trust that their beloved pets are well cared for when the owners are out of town.
I hope you will support the expansion of Rocky Hill Ranch.
Respectfully
Shannon Kemp
11705 Montgomery Circle
Longmont CO, 80504
Weld County
602-135-7663 cell
f EXHIBITIA
RECEIVED 5.31.2016 c'. 9:02 PM via email
I wanted to send a note in support of Rocky Hill Ranch opening a secondary location.
I learned of Rocky Hill Ranch through a friend when helping my parents find a place to board
their dog while on vacation. Their dog had so much fun it was a no-brainer for me to send my
puppy there for day care!
About 3 months ago I began taking my six month old puppy (Cooper) to Rocky Hill Ranch for
day care two days a week. The staff at Rocky Hill have been such a tremendous help in
socializing her and creating a happy, healthy, dog and people friendly pet. I don't know what I
would do with out them!
It is very obvious Rocky Hill Ranch is a well run and extremely popular dog care facility - when
driving near there you always can tell which cars have dogs that get to go - they are super excited
and tails are wagging! I understand that they are nearing capacity and without the ability to
expand, many in our community will not have the ability to access a safe, secure and happy
environment for their dogs - as many of us already have.
Please consider what a community asset Rocky Hill Ranch is and grant them the ability to help
others by expanding their business.
Thank you!
Amy Teetzel
(Cooper's Mom)
EXHIBIT
ID
Michael W Schmidt
5053 County Road 3
Erie CO 80516
May 31, 2016
Weld County Planning Dept
via Tanner Hill
5286 County Road 3
Erie CO 80516
To Whom It May Concern;
In the years since Tanner and Sarah started operating Rocky Hill Ranch, we
have been in direct communication with Tanner regarding his desire to open
and operate the Rocky Hill Ranch. Tanner has alway been proactive in
including us in his plans, including expanding a couple of years back, and
now a desire to open a second location.
As one of the closest neighbors to the current location, we have not
experienced any issues or problems as a result of the business, traffic,
animals, sound, etc. Based on how Rocky Hill Ranch is operated, I would
recommend approving another location. Please contact me directly if you
have specific questions or concerns.
Best Regards,
Mike Schmidt
EXHIBIT
RECEIVED: 5.31.2016 @ 2:37PM via email
Dear Mr. Ogle,
I'm writing in support of the new location for Rocky Hill Ranch, the dog daycare service
currently located on County Road 3 in Erie. I recently moved to Louisville and this dog daycare
service has been an amazing resource for me and my puppy these last few months. Even though I
take her to trails and off -leash dog parks, my puppy comes home happier and more tired every
time I take her to Rocky Hill Ranch. Despite living in a different county with closer and more
convenient options for daycare, I make it a point to take my dog to Rocky Hill Ranch because of
the great service they provide.
I have and will continue to recommend Rocky Hill Ranch to every dog owner I meet, and I hope
that they can open a new location to accommodate the increase in clients so others in the
community can benefit from their excellent service.
Thank you for your time, and if you would like more information, please do not hesitate to ask.
Sincerely,
Hana Nagao
EXHIBIT
I
(2
RECEIVED: 6.1.2016 @ 12:24 via email
Hello,
I have been a client of Rocky Hill Ranch for 7 years now, and have watched it grow from a small
start up to a thriving small business. I believe that they have built this business without complaint
from their neighbors. I have been very happy with their service and have observed that they take
every precaution to provide a happy and healthy environment for their canine guests.
As they are nearly at capacity, they are clearly meeting a need for the Erie area. I can only
imagine that an additional facility will meet the same need for even more clients in Weld
County. In addition to providing a service to a growing population, they provide employment
opportunities, and growing tax revenue.
I hope you will consider their request to open another facility. If I can answer any questions
please feel free to contact me.
Sincerely,
Teri Hay
303.870.8127
terihavgmaiI .corn
EXHIBIT
RECEIVED: 6.1.2016 @ 12:12PM via email
I am one of the people that uses Rocky Hill Ranch as a resource for my 1 and 1/2 year old
German Shepard. My dog is a very active dog and needs to go to Rocky Hill Ranch 2 to 3 times
a week. I searched and visited many other Day care's for dogs along with my trainer. My dog had
some issues being around other dogs and had to have some intensive training. Once the training
was completed my trainer and I both agreed that Ariel needed to go to a Doggie Daycare to keep
her on track with being around other dogs. We visited Rocky Hill ranch together, along with
many other centers, and we both decided this would be the best place for here. Ariel needed to be
around a pack of dogs and humans to know her place. There setup is so much different than
most, in the fact that they understand what to look for in order to determine if there will be an
issue between dogs. The dogs have so much room to run around, there is places for them to rest,
the staff all seem to know what they are doing and are very good with the dogs. I understand that
they are filling up with more and more dogs and I would not know what to do with Ariel if she
could no longer get her three days at Rocky Hill Ranch.
I hope they will be able to open another location because they need one in order to keep a place
for all of our dogs. I would be lost without them and hope I don't have to find someplace else to
go. They have worked with Ariel to make sure she is the best dog she can be and will always
continue to need this with the type of breed she is. She has so much interaction with both her dog
friends and her human friends, that i have seen a great improvement from when she first started
to what she is like now. Thank you for your
time and I hope you will consider giving them the opportunity to open another center.
Joy Juarez
Parent of my dog Ariel.
RECEIVED: 6.1.2016 @ 6:29 PM via email
Hi Kim,
My name is Ruth Hamm and I'm emailing on behalf of Rocky Hill Ranch to show my support
for opening a second location, We take our dog Digby there Mondays, the odd Thursday and we
kennel him there too when we are away. He absolutely loves dog camp. He loves to play and
run around and we love that he gets tons of socialization and exercise. The staff are amazing and
take great care of each pup as if they were their own. A second location would be an awesome
addition to the area. After the dog park opens in Erie, having a second great doggie daycare
would make our community super attractive to anyone looking to move to the area.
Additionally, and selfishly, I would love a second location in emergency situations when we
need to do a walk-in. We recently did a kitchen renovation and the staff at Rocky Hill were very
accommodating when we needed to drop Digby off last minute because our contractor showed
up unexpectedly do work. It's become such a popular place however, that walk-ins won't be
allowed soon enough.
I love Rocky Hill Ranch and love to support a small business that does so much for so many
people and four -legged family members. Please allow a second location so more humans can
have a safe fun place to drop their dogs and our dogs can have a fun engaging place to happily
play all day.
Thank you!
Ruth Hamm
Breakthru Beverage of Colorado
970.581.7240
EXHIBIT
jennifer'and John Paquette
1151 County Road 12
Erie, CO 80516
303 828 3014
Paquetteranch@comcast.net
To Whom It May Concern;
Tanner Hill (Rocky Hill Ranch) has never caused any issues as a neighbor. He has
always been more than willing to address any questions or concerns, and he has
done a tremendous job of ensuring that the noise has never been a problem. Tanner
Hill has been very respectful and reliable the entire time, and has always been a very
pleasant neighbor. I would strongly recommend Tanner in his pursuit of another
Rocky Hill Ranch. Please don't hesitate to contact me with any questions.
Thank You
oaf arat
John Paquette
RECEIVED: 6.1.2016 @ 9:51 PM via email
RECEIVED: 6.2.2016 @ 1:43 PM via email
Hi Kim,
I am writing in support of Rocky Hill Ranch (Dog Care). We have been a client for over a year
and love the facility.
I understand they are applying to open a second location in Weld County. I fully support this
idea.
The team is fantastic and loving. It employs several people and is a low impact business. Not to
mention that there is a need for more space.
I hope things go favorably for them.
Thank you, Donelda Curren
Donelda Curren
ledacurren@comcast.net
faeriedwelli ngs. corn
Kenneth L. & Rana A. Bachman
1762 Edgewater Place
Longmont, Colorado 80504
cell 303-550-4642
ken@klbcpa.com
June 2, 2016
To Whom it May Concern
RE: Tanner & Sarah Hill
Property located at 465 CR. 20.5, Longmont, CO 80504
Dear Sir/Madame:
We am writing to provide our opinion of Tanner and Sarah Hill constructing
a kennel on the property located at 465 CR 20.5, Longmont, CO 80504.
In our opinion this approximately 3 acre rural property would be the perfect
location for a kennel facility. Based on the Hill's plans this property provides
them with the location and space necessary to contruct a state of the art
facility and would be an asset to the surrounding area. Since the Hills have a
history of operating their kennels on a professional and responsible level we
see no reason this would change in the future.
If there are any questions or anyone would like to further discuss this matter
with us please do not hesitate to contact us..
Respectf ly
Ke & Rana Bachman
RECEIVED: 6.3.2016 @ 9:24 PM via email
Dear Kim Ogle,
I'm writing this letter of support for Rocky Hill Ranch Doggy Daycare. My dog Remington has
been attending daycare at Rocky Hill Ranch for over 3 years and we can't say enough about how
amazing the staff and facilities are. They take great care in providing a safe and active
environment for the dogs. We have been very satisfied with the exercise and socialization that
Rocky Hill Ranch has provided our dog. We are hopeful that they will be able to open a second
location in Weld County because at this point they are reaching capacity and sometimes when
we call to try to get him in for an additional day at daycare they are full and cannot accommodate
him. We're hopeful that with a second location they will continue to be able to be a great
resource for the community.
Thank you so much, if you have any additional questions or concerns please do not hesitate to
contact me.
Thanks,
Heather Crate
EXHIBIT
I Sg
JUDSON C. HITE
ATTORNEY P.C.
A Professional Services Corporation
250 Arapahoe, Ste. 300, Boulder, CO 80302
Phone: (303) 938-1231
Fax: (303) 938-1526
j udsonhite@hitelaw.org
July 12, 2016
Mr. Kim Ogle
Senior Planner
Weld County Department of Planning Services
1555 17th Ave.
Greeley, CO 80631
Re: Hill - USR 16-OO] 5: Bachman Parcel, 465 WCR 20.5
Dear Kim:
Judson Hite, Esq.
(Licensed in Illinois & Colorado)
I am representing Tanner Hill who is under contract to acquire the above -referenced
property, legally described as Lot 1, Bachman Conveyance Plat (the "Lot"). As you are aware,
Mr. Tanner has submitted a site specific development plan to the Weld County Department of
Planning Services (under application USR16-0015) in anticipation of his acquisition and
development of the Lot into a dog kennel.
Mr. Hill has received a copy of your Special Review Permit Administrative Review
summary in which you recommend denial of his application. Your recommendation is based
upon the City of Longmont's referral response objecting to the development plan as violating
that certain Deed of Conservation Easement in Gross, dated October 17, 2013, and recorded in
the Weld County Public Records at reception no. 3989854 (the "CE"). Longmont's referral
response also states that Longmont does not permit kennels in any zone other than General
Industrial.
Longmont's position is contradicted by the express language of the CE and that of an
accompanying Agreement in Furtherance of Annexation for Bachman Annexation to the City of
Longmont, Colorado, dated on or about November 13, 2013, and recorded in the Weld County
Public Records (immediately prior to the CE) at reception no. 3989853 (the "Annexation
Agreement").
The Annexation Agreement and the CE must be read together. It is evident that the
purpose of the two instruments was to enable Longmont to obtain driveway access to open space
contiguous to the Lot by trading property with the Bachmans through several transactions that
circumvented Weld County's subdivision regulations by temporarily annexing the Lot into and
immediately deannexing it from the City.
JUDSON C. HITE, ATTORNEY P.C.
Mr. Kim Ogle
July 12, 2016
Page 2
However, both instruments anticipate and acknowledge that development will occur after
the Lot is no longer under City jurisdiction and that such development will be governed instead
by Weld County rules and regulations:
Paragraph 2 of the CE states that the construction of any structure on the Lot must be in
accordance with appropriate municipal or county code in effect at the time of
construction, including the acquisition of required permits and approvals; and
Section 2.1 of the Annexation Agreement states that "[a] ll future development of the
[Lot] will be subject to the applicable rules and regulations of Weld County since the
[Lot] will deannex prior to development."
Thus it is Weld County's, not the City of Longmont's zoning code that controls
agricultural development on the Lot.
Under the Weld County Zoning Ordinance, a kennel is permitted in the Agricultural (A)
Zone District by special use review. Weld County Code, §§23-3-40(H) and 23-4-400. A kennel
therefore constitutes a permitted agricultural use (upon appropriate review), under "applicable
rules and regulations of Weld County" consistent with Paragraph 2 of the CE and Section 2.1 of
the Annexation Agreement.
Mr. Hill has previously informed Longmont of these issues and requested that its referral
response be withdrawn. To date, no response has been forthcoming to that request.
Furthermore, upon review, Longmont does in fact permit "animal care facilities" in the
Agricultural (A) zoning district, including by special review if the facility includes outdoor
activities. Mr. Hill's operations constitute an animal care facility with outdoor activities, and thus
would not violate Longmont's land use code if it were applicable (which, as noted above, is not
the legally determinative standard under the CE).
Respectfully therefore, Mr. Hill requests that you revise your Administrative Review
summary to conclude that Longmont's objection is without sufficient basis and revise your
recommendation to approval.
Please direct any questions or comments to my attention.
Very truly yours,
/s/ Judson C. Hite
Judson C. Hite
cc: Bruce Barker, Weld County Attorney
CITY ATTOF,.NEY'S OFFICE
350 Kimbark rk St.
Longmont, CO 80501
303-651-8619 • Fax: 303-651-8614 • www.longmontcolorado.gov
July 14, 2016
Judson C. Hite
250 Arapahoe, Ste. 300
Boulder, CO 80302
Dear Mr. Hite:
I write in response to your letter of June 29, 2016.
As you note, the City owns a Deed of Conservation Easement in Gross on the land you describe, dated
October 17, 2013 and recorded in Weld County at rec. no. 3989854. This Conservation Easement is clear
that "the parties intend to preserve the Property in its present form and prohibit further development on
the Property, except as expressly permitted in the Easement" (1). It then "limit[s] the uses of the
Property, in perpetuity, to single-family residential and agricultural uses." Id. ¶ 1. So, if a use of the
property is not agricultural or single-family residential, it would violate the Conservation Easement. This
is true regardless of whether the structure itself would meet County building codes. See id. ¶ 2,
Terms in contracts are to be assigned their "plain and ordinary meaning." Thompson v. Maryland Cas.
Co., 84 P.3d 496, 501 (Colo. 2004). Even when a term is ambiguous, the place to look for clarification is
not a zoning code, but a lay dictionary. Id. at 507.
Agriculture means agriculture: "the science, art, or practice of cultivating the soil, producing crops, and
raising livestock and in varying degrees the preparation and marketing of the resulting products."
Agriculture, MERRIAM-WEBSTER.COM (July 12, 2016).
The City's code likewise defines an agricultural use as "the growing of food or fiber products (including
plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management
practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations."
§ 15.10.020, L.M.C. (2016).
Nowhere does the Conservation Easement define all uses by special review in a Weld County agricultural
zoning district as "agricultural." These uses include race tracks, drive-in theaters, golf courses, airports,
junkyards, landfills, multi -family dwellings, prisons, research laboratories, heavy manufacturing, and
distilleries. § 23-3-40, W.C.C. (2016). The parties clearly intended the Conservation Easement to
prevent such uses on the subject property.
The City will oppose attempts to expand uses on the property beyond single-family residential and
agricultural uses.
Sincerely,
) 17,
Daniel E. Kramer, Assistant City Attorney
Hello