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Home My WebLink About20222882.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR18-0028 - DITTMER FARM, LLC, AND BLUE PILL, LLC, BOTH C/O TIMOTHY DITTMER 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 October 17, 2018, the Board of County Commissioners of Weld County, Colorado, approved the application of Timothy Dittmer and Blue Pill, LLC, 2100 16th Street #410, Denver, Colorado 80202, for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 NW1/4 NW1/4, NE1/4 NW1/4, and the east 15 feet of the W1/2 NW1/4 NW1/4 of Section 32, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Section 23-2-200.H of the Weld County Code states, in part: "If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)." WHEREAS, the Department of Planning Services notified the applicants, Dittmer Farm, LLC, do Timothy Dittmer, and Blue Pill, LLC, c/o Kendal Dittmer, along with their representative AGPRO Environmental Services, LLC, dba AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, by certified letter dated and sent May 6, 2021, of outstanding Conditions of Approval and items to be completed prior to recording the USR map, and set the matter to be considered by the Board of Weld County Commissioners on June 16, 2021, and WHEREAS, at said hearing, the applicant Dittmer Farm, LLC, do Timothy Dittmer, was present, and the applicant Blue Pill, LLC, do Kendal Dittmer, was represented by AGPRO Environmental Services, LLC, dba AGPROfessionals, and 4864336 Pages: 1 of 3 10/31/2022 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Mrdll PI 'II+J:M:1 M Vii‘t QOM ill L4Yhtik BIM cc : Pi,(TP /NN), h(88), PPP�./MIJAPPL.R6P.c i 2022-2882 PL2596 VACATE USR18-0028 - DITTMER FARM, LLC, AND BLUE PILL, LLC, BOTH 0/O TIMOTHY DITTMER PAGE 2 WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the information presented separately by the applicants and the recommendation of the Weld County Department of Planning Services, and having been fully informed, deemed it advisable to grant the request for an extension of time until Monday, October 18, 2021, at 9:00 a.m., to record the USR map for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District, and WHEREAS, the Board, having been fully informed, deemed it advisable to continue the further consideration of extension of time to record the USR map or recission of USR18-0028 until October 18, 2021, at 9:00 a.m., to allow the collective staff of Weld County and each applicant, and respective representative, the opportunity to discuss the matter further prior to said continued hearing, and WHEREAS, on October 18, 2021, the Board again deemed it advisable to continue the matter for further consideration of extension of time to record the USR map or recission of USR18-0028 until April 18, 2022, at 9:00 a.m., to allow the collective staff of Weld County and each applicant, and respective representative, the opportunity to discuss the matter further, and WHEREAS, on April 18, 2022, the Board again deemed it advisable to continue the matter for further consideration of extension of time to record the USR map or recission of USR18-0028 until October 17, 2022, at 9:00 a.m., to allow the applicant to settle Kenneth Dittmer's assets with Probate, and WHEREAS, on October 17, 2022, the Department of Planning Services staff recommended the full vacation of Use by Special Review Permit, USR18-0028, in lieu of rescinding said permit, at the request of Timothy Dittmer, who submitted evidence of the transfer of property management of both properties to himself, due to the USR map having been recorded without authorization of staff, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR18-0028, be, and hereby is, vacated. 4864356 Pales: 2 of 3 10/31/2022 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO Mimi, BIM 2022-2882 PL2596 VACATE USR18-0028 - DITTMER FARM, LLC, AND BLUE PILL, LLC, BOTH C/O TIMOTHY DITTMER PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WECOUNTY, COLORADO ATTEST: dizyw;� Weld County Clerk to the Board ounty Attorney Date of signature: 10/27/22 4864356 Pages: 3 of 3 10/31/2022 02:24 PM R Fee:$0.00 Csr1y Kmpas, Clark and Raaordar, Weld County , CO 11111 Scott K. James, Chair 2022-2882 PL2596 1O/11 To: From: Subject: Hearing Date: Owner: Site Address: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Board of County Commissioners Michael Hall, Weld County Department of Planning Services USR18-0028 Use by Special Review — complete vacation [PL2596] October 17, 2022 Blue Pill LLC and Dittmer Farm LLC, both c/o Timothy Dittmer 13448 County Road 4, Brighton, CO 80603 Legal Description: Being a portion of the W2NE4NW4, E2NW4NW4, east 15 feet of the W2NW4NW4, and E2NE4NW4 of Section 32, T1 N, R66W of the 6th P.M., Weld County, CO Location: South of and ac acent to County Road 4; approximately 0.22 miles east of Main Street Parcel Number: 1471-32-0-00-026 Parcel Size: +/- 60 acres Zoning: A (Agricultural) Summary. This purpose of this memorandum and hearing is to request the complete vacation of case no. USR18- 0028. This USR was recorded January 11, 2022, by the applicant's team, outside of County protocol. Nonetheless the USR permitted: "A Site Specific Development Plan and Use by Special Review Permit for a recreation facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers) and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District." Note, this hearing the third continuation of the matter, originally regarding the rescission of this USR; however, since the USR has been recorded, the property owner requests to completely vacate this USR permit. Mr. Timothy Dittmer has provided evidence that he is the manager for both Blue Pill LLC and Dittmer Farm LLC. USR18-0028 Vacation Page 1 of 1 2022-2882 PLa5q(o -Filed Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 01/09/2018 02:44 PM ID Number: 20181025703 Document number: 20181025703 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Dittmer Farm LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd liability company", "limited liability co.", "ltd liability co.", "limited", "1.1.c.", "itc", or "ltd.". See §7-90-601, C.R.S) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 13448 Weld County Road 4 (Street number and name) Brighton CO 80601 (City) (State) (ZIP/Postal Code) United States (Province- if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province— if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Dittmer Timothy George (Lust) (First) (Middle) (Suffix) Street address 13448 Weld County Road 4 (Street number and name) Brighton (City) CO 80601 (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 (city) CO (State) (The following statement is adopted by marking the box.) © The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Dittmer Timothy George (Last) (First) (Middle) (Suffix) Mailing address 13448 Weld County Road 4 (Street number and name or Post Office Box information) Brighton CO 80601 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. or © the members. 6. (The following statement is adapted by marking the box.) © There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment) El This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Steele Brice IV (Last) (First) (Middle) (Suffix) 25 South 4th Avenue (Street number and name or Post Office Box information) Brighton (City) CO 80601 (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies. adopt the statement by marking the box and include an attachment.) EI This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are famished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 STATEMENT OF AUTHORITY' Pursuant to C.R.S. § 38-30-172, the undersigned hereby executes this Statement of Authority on behalf of BLUE PILL, LLC, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is: BLUE PILL, LLC. The Entity is a: NEW MEXICO LIMITED LIABILITY COMPANY, (state type of entity and state, country, or other governmental authority under whose laws such entity was formed) The mailing address for the Entity is: 13448 COVNTY ROAD 4. BRIGHTON CO 80603. The name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is: TIMOTHY G. DITTMER. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NONE. (If no imitations, insert "NONE") Other matters concerning the manner in which the Entity deals with any interest in real property are: Of no other matters, leave this section blank) EXECUTED this 17 day of �� , 2022. Signature:,��__ .� Name: Timothy G. Dittmer Title: Manager, Blue Pill, LLC STATE OF C cLc)ractz COUNTY OF ,44044.4.4.c, ) so. The foregoing instrument was a;knopileted before me this Ll day of 210,---` t --‘7"' . -- , on behalf of Witness my hand and official seal. My commission expires: a' S • RD page 1 JODY L CR0WLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974002249 MY COMMISSION EXPIRES FEBRUARY 5, 2025 Chloe White From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Timothy Dittmer <tgdittmer@hotmail.com> Monday, August 15, 2022 6:20 AM Michael Hall Sean M. Stewart; Kimberly Barr; Jennifer M. Spitz; Denise R. Poepping; Heather Dittmer USR 18-0028 Blue Pill Statment of Authority Blue PILL 5_17_22.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe: Mr. Hall, It appears that the transfer of Blue Pill LLC's interest in the Brighton Property to Dittmer Farm LLC will not be complete before the scheduled commissioners hearing. As the manager of Blue Pill, LLC I want to inform you that there are no plans to move forward with the venue, greenhouses or infrastructure related to USR18-0028 and would like for it to be removed from the property located at 13448 County Road 4, Brighton, Colorado. I have attached the statement of authority for your records. Please contact me if you have any questions or need additional information. Thank you, Timothy Dittmer 303-548-4974 Get Outlook for iOS Chloe White From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Sean M. Stewart <SStewart@lyonsgaddis.com> Tuesday, April 5, 2022 10:56 AM Michael Hall Kimberly Barr; Anton V. Dworak; Jaynie R. Poole USR18-0028 -- Timothy Dittmer & Blue Pill, LLC Follow up Completed Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Michael: I left you a voicemail as well, but wanted to follow up in writing. We represent the estate of Kendal P. Dittmer, which owned Blue Pill LLC, a company that owned 50% of a parcel in Weld County that was once owned by his parents. The other 50% is owned by Timothy Dittmer, Kendal's brother and the personal representative of his estate now that Kendal has passed. I am writing because the owners had previously applied for a Use by Special Review, USR18-0028 — which looks like it was conditionally approved but hadn't become effective at this point given the conditions. Timothy Dittmer, who will soon own the entirety of the property through his own LLC, would like to withdraw the USR application and cancel any pending matters related to it. Can you let me know what your office will need from us (if more than this email) to ensure that occurs? Thanks, SEAN MARTIN STEWART sstewart(@lyonsgaddis.com 515 Kimbark Street, Suite 200 Longmont, CO 80501 Office: 303.776.9900 Direct: 303.678.6519 NOTICE: The information contained in this communication is confidential and may also contain privileged attorney -client information or work product. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this information is strictly prohibited. If you have received this communication in error, please immediately notify us via return email. DISCLAIMER: Unless specifically stated this communication is for general information purposes and does not contain legal opinions. This communication does not create an attorney -client relationship. This communication and its contents does not prohibit the Attorney from representing other individuals. DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Board of County Commissioners From: Michael Hall, Weld County Department of Planning Services Subject: USR18-0028 Use by Special Review - map not recorded [PL2596] Hearing Date: June 16, 2021 Owner: Blue Pill LLC c/o Kendal Dittmer and Dittmer Farm LLC c/o Timothy Dittmer Site Address: 13448 County Road 4, Brighton, CO 80603 Legal Description: Being a portion of the W2NE4NW4, E2NW4NW4, east 15 feet of the W2NW4NW4, and E2NE4NW4 of Section 32, T1 N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 4; approximately 0.22 miles east of Main Street Parcel Number: 1471-32-0-00-026 Parcel Size: +/- 60 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the approved but not perfected Use by Special Review permit, case no. USR18- 0028. This USR seeks to permit: "A Site Specific Development Plan and Use by Special Review Permit for a recreation facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers) and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District." This multi -use facility, being anchored by the amphitheater and associated components, will be operated by FarmLab USA. On April 3, 2018, Use by Special Review application, case no. USR18-0028 was deemed complete and began processing. The applicants were Timothy G. Dittmer (50%) and Blue Pill LLC c/o Kendal P. Dittmer (50%), care of their consultant AGPROfessionals. This USR was approved by the Weld County Board of County Commissioners on October 17, 2018 with specific Conditions of Approval as detailed in the USR Final Resolution, signed November 27, 2018 (Exhibit A). On January 24, 2019, Timothy G. Dittmer transferred his ownership interest to Dittmer Farm LLC per Quit Claim Deed, reception no. 4464923. As of May 5, 2021, although all the conditions of approval have been completed and the draft USR map has received final approval by Planning Staff, the USR map has not been recorded as stipulated in the Final Resolution and the Weld County Code. Final Resolution item # 2 states in part: "...The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution." USR18-0028 Rescission Page 1 of 2 Section 23-2-200.H of the Weld County Code states in part: .. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)." Throughout 2019 and 2020, the conditions of approval for this USR were completed. Following completion of the conditions and approval of the draft USR map, the applicants' authorized agent, Kelsey Bruxvoort with AGPROfessionals was contacted by Planning staff via email on November 6, 2020, December 3, 2020, and January 12, 2021 regarding recording the USR map (Exhibits B, C and D). For reference, a period of 26 months has elapsed after the initial 120 days following BOCC approval of the USR. Planning staff has attempted to be accommodating by allowing sufficient time to first complete the conditions of approval and secondly to obtain signatures and submit the USR map. However, as the USR map has yet to be recorded, Planning staff is unable to grant any further extensions. After coordination with the Clerk to the Board to set a hearing date, a hearing notice letter was sent by Planning staff to the applicant (Exhibit E) on May 6, 2021 via Certified Mail (Exhibit F). Courtesy copies of this letter were sent to altemative addresses on record for both property owners via regular mail. This hearing notice stated that USR18-0028 will be heard before the Board of County Commissioners on Wednesday, June 16, 2021 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. The applicants were strongly encouraged to attend this hearing or send an authorized representative. Additionally, the applicants were given the option to request rescission of the USR application, and to email this request to Planning staff by Monday, June 14, 2021. As directed in Section 23-2-200.H of the Weld County Code, staff requests that the Board consider rescinding the Resolution for USR18-0028. If both applicants demonstrate their commitment to record USR map, staff requests that the Board consider granting the applicant an extension of time to record the USR map, being a thirty (30) day period from this hearing. Exhibits: A: Signed BOCC Resolution, dated October 17, 2018 B: Record Map Email 1, dated November 6, 2020 C: Record Map Email 2, dated December 3, 2020 D: Record Map Email 3, dated January 12, 2021 E: Hearing Notice Letter, dated May 6, 2021 via Certified Mail F: Certified Mail Receipt, dated May 6, 2021 G: Vicinity and Aerial Maps H: Draft USR Map USR18-0028 Rescission Page 2 of 2 c O Pc6 RESOLUTION 0 .0 EXHIBIT A RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0028, FOR A RECREATION FACILITY (35 SEASONAL COMMERCIAL CAMPING SITES), MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL (5 CARGO CONTAINERS) AND USES SIMILAR TO THE USES LISTED ABOVE (AGRITOURISM EVENT CENTER INCLUDING AN AMPHITHEATER AND COVERED STAGE AND AN AQUAPONICS AND HYDROPONICS GREENHOUSE, CLASSROOM FACILITY AND CARETAKER APARTMENT) AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT, IN THE A (AGRICULTURAL) ZONE DISTRICT - TIMOTHY DITTMER AND BLUE PILL, LLC 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, the Board of County Commissioners held a public hearing on the 17th day of October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Timothy Dittmer and Blue Pill, LLC, 2100 16th Street #410, Denver, Colorado 80202. for a Site Specific Development Plan and Use by Special Review Permit, USR18-0028, for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 NW1/4 NW1/4. NE1/4 NW1/4 and the east 15 feet of the W1/2 NW1/4 /4 NVV1/4 /4 of Section 32, Township 1 North, Range 66 West of the 6th P.M.. Weld County, Colorado WHEREAS, at said hearing. the applicant was represented by Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. c.�. PLcmHf TM, Pw( SE), EHCLL), ca.cFH), c� PPL . CxP PL REP t t /AI' IS' 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) —TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 2 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.A.2 (A.Policy 2.2) states, "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production."The proposed commercial facility is directly related to agriculture. A major component of FarmLab USA is agricultural education based around teaching and promoting alternative methods of agriculture. The Uses in the greenhouse include research, testing, hydroponic and aquaponics cultivation, storage and sale of a variety of agricultural products. The classes will educate citizens and promote agricultural in the community. The surrounding land uses are predominately agriculture and rural residential and the proposed use will not minimize these uses. No productive agricultural land will be removed from production. Additionally, the site accesses onto a collector road and is approximately 0.5 miles east of State Highway 85 which provides adequate infrastructure for the public to access the site. 2) Section 22-2-20.A.2 (A.Policy 2.3) states: "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, fanning, greenhouse industries, landscape production and agri-tainment or agri-tourism uses." Currently, the 60 -acre site is not currently used for any agriculture purposes and the proposed Use will bring an agriculturally aimed business to the site. The proposed facility will occupy a portion of the site which is unused for farming. Besides the educational component, the amphitheater and camping uses will provide an agritourism destination venue. The amphitheater will host a variety of events that are drawn to the site by the rural character and agriculture nature. The camping will allow the patrons to experience the agricultural setting and tradition of Weld County. B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 - Intent, states: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 3 Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." This provision allows for the applicant to apply for a USR. 2) Section 23-3-40.C — Uses by special review, of the Weld County Code allows, "Recreational facilities and uses including public or commercial camping and commercial recreational facilities." This provision allows for the tent and RV camping component. 3) Section 23-3-40.W — Uses by special review, of the Weld County Code allows, "Uses similar to the uses listed above as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District." This provision allows for the agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment. 4) Section 23-3-40.BB — Uses by special review, of the Weld County Code allows, "More than the number of cargo containers allowed as a use by right per legal lot or parcel." This provision allows for five (5) cargo containers on the property compared to the two (2) cargo containers allowed as an accessory use. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of farmland, commercial industrial, rural residences and oil and gas operations. The City of Brighton city limits are directly north of and adjacent to the site. There are nine (9) properties immediately adjacent to the site; four (4) with residences located on them. The applicant owns one other lot that is contiguous to the subject site which contains a residence. There is a mix of commercial and industrial uses in the area in both Brighton city limits and unincorporated Weld County, permitted with a mix of Use by Special Reviews and Site Plan Reviews. There are fifteen (15) USRs within one (1) mile of this site, primarily located to the northwest of the site, along the Highway 85 corridor. USRs include a construction company, research, repair and manufacturing business, mineral resources development facilities, gravel mining pits, maintenance and storage shops, commercial junk and salvage yards, concrete batch plant, water skiing club, and feedlot. The Vestas Plant is directly north of the property. The Weld County Department of Planning Services sent notice to eight (8) surrounding property owners within 500 feet of the proposed USR boundary. Planning staff received one (1) letter in opposition to this USR, dated April 12, 2018. The letter outlined concerns with declining traditional agricultural practices, traffic congestion, potential failure of the business, campground guests and nuisances, and incompatibility with the area. The Nuisance Management Plan as submitted in the application, Improvements Agreement, Conditions of Approval and Development Standards should adequately address these concerns. 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) - TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 4 D. Section 23-2-230.B.4 -- The Uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This site is located within the three (3) mile referral radius of Adams County, City of Brighton, City of Fort Lupton and Town of Lochbuie. The site is located in the Coordinated Planning Agreement boundary of Fort Lupton. The Fort Lupton referral, dated April 9, 2018, had no concerns with the USR. Adams County and Lochbuie did not respond. The site is located in the Urban Growth Boundary of City of Brighton. The Brighton referral, dated June 7, 2018, expressed concerns. Brighton requests that the site be annexed into the municipal limits and opposes this development in the County due to incompatibility with surrounding land uses. The referral outlined concerns that adequate utility services are not currently available to the site and that the festival events will have major impacts to the surrounding properties. Specifically, concerns that traffic will have a significant impact on the road infrastructure, noise and light levels from the events and hours of operation past 9:00 p.m., will be a nuisance to the agricultural and rural residential area, odor and visual impacts from the generator and portable toilets, and visual impacts of the cargo containers. However, by addressing the Brighton referral comments as a Condition of Approval, the applicant should be able to mitigate the concerns. Additionally, the Development Standards and proposed tree screening and berming around the site should buffer the activities from surrounding property owners and the roadways. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not located in the A -P (Airport) Overlay District, Geologic Hazard Overlay District, Special Flood Hazard Area, MS4 area or Regional Urbanization Area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.9.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on soils designated as "Prime if they become irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The subject site is not currently used for agricultural purposes and the proposed USR will not further remove any active farm ground from production. The proposed USR is located on a small portion of the site and if farming was ever desired, there would be sufficient room to farm. G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Development Standards and Conditions of Approval can ensure that there are adequate provisions for the protection of the health, safety, 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 5 and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Timothy Dittmer and Blue Pill, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0028, for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility, and caretaker apartment) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: Prior to recording the map: A. The applicant shall submit a Landscape and Screening Plan to the Weld County Department of Planning Services for review and approval. B. The applicant shall submit a Lighting Plan to the Weld County Department of Planning Services for review and approval. C. The applicant shall address where the amphitheater equipment will be stored when not in use. D. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. Based on an approved engineered Traffic Study, the Agreement shall require the construction of the following capital improvements to commence within one (1) year of the opening of the facility. 1) Design and construct a left deceleration/turn lane on CR 4 at the eastern access. E. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. F. All septic systems located on the property shall have appropriate permits/documentation from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a Septic Permit for the existing residence. Any existing septic system which 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 6 is not currently permitted/documented through the Weld County Department of Public Health and Environment will require an On -Site Wastewater Treatment System (OWTS), evaluation prior to the issuance of the required septic permit/documentation. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations. G. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that a well is appropriately permitted for the commercial use. H. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0028. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the location of the five (5) proposed cargo containers. 5) The applicant shall show and label the location of existing buildings. 6) The applicant shall show and label the location of the landscape berms. 7) Th applicant shall show and label the location of the trash collection areas. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. 8) The applicant shall show and label the lighting including light poles and on -site directional wayfinding lights. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties and shall adhere to Section 23-2-250.D of the Weld County Code. 9) The applicant shall show and label the amphitheater parking area for the vendors, patrons, and employees, as well as all ADA parking. 10) The applicant shall provide a detailed map of the facility including the greenhouse, classroom, caretaker apartment and parking area. 11) The applicant shall remove the lot lines and reference to the withdrawn recorded exemption. 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 7 12) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12, and Appendices 23-C, 23-D and 23-E of the Weld County Code. 13) The applicant shall show and label all setback radiuses for existing oil and gas tank batteries and wellheads per the setback requirements of Section 23-3-50.E of the Weld County Code. 14) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number. 15) County Road 4 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate the future and existing right-of-way on the site plan. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 16) The applicant shall show and label the approved residential and commercial access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 17) The applicant shall show and label the approved tracking control on the site plan. 18) If applicable, the applicant shall show and label the entrance gate. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 19) The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Retention, No -Build or Storage Area"and shall include the calculated volume. 20) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. O Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 8 and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility Operator, the Fire District and the Weld County Office of Emergency Management. The applicant shall submit evidence of acceptance to the Department of Planning Services. 6. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maosGico.weld.co.us. 7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2018-3253 PL2596 SPECIAL REVIEW PERMIT (USR18-0028) —TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D., 2018. ATTEST: `'. .,, J w Weld County Clerk to the Board ounty A orney Date of signature: 11/Z7/f9 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 721, Steve; or -no, Barbara Kirkmeyer, Pro-Tem 2018-3253 PL2596 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIMOTHY DITTMER AND BLUE PILL, LLC USR18-0028 The Site Specific Development Plan and Use by Special Review Permit, USR18-0028, is for a recreational facility (35 commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers), and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility, and caretaker apartment) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The operator shall be in compliance with the annual Emergency Incident Action Plan. 4. The hours of operations are: A) Amphitheater events: 7:00 a.m. to midnight from April 1st to September 30th, with a maximum of five (5) events per week. B) Commercial campground: 24 hours/day on weekends only from April 1st to September 30th. C) Classroom in the greenhouse facility: 8:00 a.m. to 8:00 p.m., year-round. 5. The maximum number of tent camp -sites shall be thirty (30). The maximum of RV camp -sites shall be five (5). 6. If selling or distributing alcohol, a liquor license shall be obtained from the Weld County Board of County Commissioners prior to serving. 7. The maximum number of cargo containers shall be five (5). 8. Two (2) security guards for the first 100 persons attending the event and one (1) additional security guard for each additional 50 persons after that shall be onsite during any event. 9. One (1) person trained in emergency medical technology for every 150 persons shall be onsite during any event. 10. A clean and sanitary enclosure, where medical treatment may be rendered, will be available onsite during any event. 11. The maximum number of classroom participants shall be thirty (30). 12. The maximum number of event patrons shall be three -hundred (300). 2018-3253 PL2596 DEVELOPMENT STANDARDS (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 2 13. A Temporary Assemblage Permit must be obtained by the Weld County Clerk to the Board for any events that exceed 350 patrons. A maximum of 10 events that exceed 350 may be issued per calendar year. 14. The parking area on the site shall be maintained. 15. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 16. The applicant shall operate in accordance with the approved Waste Handling Plan and Chapter 14, Article I of the Weld County Code, at all times. 17. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 18. There shall be no parking or staging of vehicles on public roads. Onsite parking shall be utilized. 19. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 20. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 21. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. 22. The Access Management Plan for U.S. Highway 85 is right -in, right -out at the intersection of County Road 4 and U.S. Highway 85. 23. Future property owners are hereby notified that the Union Pacific Railroad crossing at County Road 4, east of U.S. Highway 85, may be closed. 24. The historical flow patterns and runoff amounts on the site will be maintained. 25. Weld County is not responsible for the maintenance of onsite drainage related features. 26. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 27. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 28. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance 2018-3253 PL2596 DEVELOPMENT STANDARDS (USR18-0028) — TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 3 conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 29. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 30. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. 31. For temporary uses that are utilized for a time of six (6) months or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 32. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. 33. In the event the facility's water system serves more than 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 34. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 35. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 36. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 37. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply 2018-3253 PL2596 DEVELOPMENT STANDARDS (USR18-0028) —TIMOTHY DITTMER AND BLUE PILL, LLC PAGE 4 with the Development Standards and Conditions of Approval stated herein and all applicable Weld County regulations. 39. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 40. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2018-3253 PL2596 Michael Hall From: Sent: To: Cc: Subject: Michael Hall Friday, November 06, 2020 10:29 AM Dawn Anderson; Kelsey Bruxvoort Tim Naylor; Kendal Dittmer; Farm Lab; Hayley Baizano; Natalie DeLaCroix; Elizabeth Relford; Tiffnee Lamb; Jazmyn Trujillo Martinez; David Burns RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan b a .a 3 EXHIBIT B Dawn, Thank you for the final review and comments. Much appreciated. Kelsey, At this point, it appears that the USR18-0028 is complete. Planning and Public Works have no additional comments. The revised USR map may be printed on mylar, signed and submitted for recording. When the new map is submitted, I will give back the old USR map that was submitted in March. Also, the recording fee was submitted in March and has been held since then (check #12460 for $33). I do not know if this check will still be able to be deposited given its age. Some companies have expirations on checks. With that in mind, you may need to generate and submit a new check. Please continue to work with Brighton Fire and Weld County Office of Emergency Management on the Emergency Action Plan. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Michael Hall From: Michael Hall Sent: Thursday, December 03, 2020 11:33 AM To: Kelsey Bruxvoort Cc: 'Tim Naylor'; 'Kendal Dittmer'; 'Farm Lab' Subject: RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan N to D EXHIBIT C Hi Kelsey, Just checking on the recording of the USR18-0028 map, which is approved for recordation. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Friday, November 06, 2020 10:29 AM To: Dawn Anderson <dranderson@weldgov.com>; Kelsey Bruxvoort <kbruxvoort@agpros.com> Cc: Tim Naylor <tnaylor@agpros.com>; Kendal Dittmer <kpdwarrior@yahoo.com>; Farm Lab <farmlabusa@gmail.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Natalie DeLaCroix <ndelacroix@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Tiffnee Lamb <tklamb@weldgov.com>; Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; David Burns <dburns@weldgov.com> Subject: RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan Dawn, Thank you for the final review and comments. Much appreciated. Kelsey, At this point, it appears that the USR18-0028 is complete. Planning and Public Works have no additional comments. The revised USR map may be printed on mylar, signed and submitted for recording. When the new map is submitted, I will give back the old USR map that was submitted in March. 1 Also, the recording fee was submitted in March and has been held since then (check #12460 for $33). I do not know if this check will still be able to be deposited given its age. Some companies have expirations on checks. With that in mind, you may need to generate and submit a new check. Please continue to work with Brighton Fire and Weld County Office of Emergency Management on the Emergency Action Plan. Thank you, Michael Hall Planner II 1555 N 17`h Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Michael Hall From: Michael Hall Sent: Tuesday, January 12, 2021 9:30 AM To: Kelsey Bruxvoort EXHIBIT D Subject: RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan Hi Kelsey, Any update on recording USR18-0028? Thanks. Michael Hall Planner II 1555 N 17'h Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Thursday, December 03, 2020 11:33 AM To: Kelsey Bruxvoort <kbruxvoort@agpros.com> Cc: 'Tim Naylor' <tnaylor@agpros.com>; 'Kendal Dittmer' <kpdwarrior@yahoo.com>; 'Farm Lab' <farmlabusa@gmail.com> Subject: RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan Hi Kelsey, Just checking on the recording of the USR18-0028 map, which is approved for recordation. Thank you, Michael Hall Planner II 1555 N 17'h Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Friday, November 06, 2020 10:29 AM To: Dawn Anderson <dranderson@weldgov.com>; Kelsey Bruxvoort <kbruxvoortfagpros.com> Cc: Tim Naylor <tnaylor@agpros.com>; Kendal Dittmer <kpdwarrior@yahoo.com>; Farm Lab <farmlabusa@gmail.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Natalie DeLaCroix <ndelacroix@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Tiffnee Lamb <tklambPweldeov.com>; Jazmyn Trujillo Martinez <jtrrujillomartinez@weldgov.com>; David Burns <dburns@weldgov.com> Subject: RE: Collins-Farmlab (Blue Pill-Dittmer) USR18-0028 - Updated USR Site Plan Dawn, Thank you for the final review and comments. Much appreciated. Kelsey, At this point, it appears that the USR18-0028 is complete. Planning and Public Works have no additional comments. The revised USR map may be printed on mylar, signed and submitted for recording. When the new map is submitted, I will give back the old USR map that was submitted in March. Also, the recording fee was submitted in March and has been held since then (check #12460 for $33). I do not know if this check will still be able to be deposited given its age. Some companies have expirations on checks. With that in mind, you may need to generate and submit a new check. Please continue to work with Brighton Fire and Weld County Office of Emergency Management on the Emergency Action Plan. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 May 6, 2021 EXHIBIT E Blue Pill LLC 13448 County Road 4 Brighton, CO 80603 Dittmer Farm LLC 13448 County Road 4 Brighton, CO 80603 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us Phone: (970) 400-3528 Fax: (970) 304-6498 Certified Mail Number (Blue Pill LLC): 7019 2970 0000 1136 9890 Certified Mail Number (Dittmer Farm LLC): 7019 2970 0000 1136 9920 Case Number: USR18-0028 Parcel Number: 1471-32-0-00-026 Legal Description: Being a portion of the W2NE4NW4, E2NW4NW4, east 15 feet of the W2NW4NW4, and E2NE4NW4 of Section 32, Ti N, R66W of the 6th P.M., Weld County, CO Subject: Use by Special Review - map not recorded Dear Blue Pill LLC c/o Kendal Dittmer and Dittmer Farm LLC c/o Timothy Dittmer, You are receiving this letter because you have received conditional approval for a Use by Special Review (USR) permit with Weld County but have not completed the process. USR18-0028 permitted: "A Site Specific Development Plan and Use by Special Review Permit for a recreation facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers) and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse, classroom facility and caretaker apartment) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District." On April 3, 2018, Use by Special Review application, case no. USR18-0028 was deemed complete and began processing. The applicants were Timothy G. Dittmer (50%) and Blue Pill LLC c/o Kendal P. Dittmer (50%). This USR was approved by the Weld County Board of County Commissioners on October 17, 2018 with specific Conditions of Approval as detailed in the USR Final Resolution, signed November 27, 2018. On January 24, 2019, Timothy G. Dittmer transferred his ownership interest to Dittmer Farm LLC per Quit Claim Deed, reception no. 4464923. As of May 5, 2021, although all the conditions of approval have been completed and the draft USR map has received final approval by Planning Staff, the USR map has not been recorded as stipulated in the Final Resolution and the Weld County Code. Final Resolution item # 2 states in part: "...The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution." USR18-0028 - Rescission Notice Page 1 of 2 Section 23-2-200.H of the Weld County Code states in part: .. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)." Throughout 2019 and 2020, the conditions of approval for this USR were completed. Following completion of the conditions and approval of the draft USR map, the applicants' authorized agent, Kelsey Bruxvoort with AGPROfessionals was contacted by Planning staff via email on November 6, 2020, December 3, 2020, and January 12, 2021 regarding recording the USR map. For reference, a period of 26 months has elapsed after the initial 120 days following BOCC approval of the USR. Planning staff has attempted to be accommodating by allowing sufficient time to first complete the conditions of approval and secondly to obtain signatures and submit the USR map. However, as the USR map has yet to be recorded, Planning staff is unable to grant any further extensions. As a result, USR18-0028 will be heard before the Board of County Commissioners on Wednesday, June 16, 2021 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. You are encouraged to attend this hearing. If you are unable to attend, strongly consider sending a representative. The purpose of the public hearing will be for the Board of County Commissioners to review the delay in recording the USR map. The Board will consider granting additional time to record the map or will consider rescinding the USR permit. If you request to rescind the USR application, please email your intention to mhall@weldgov.com by Monday, June 14, 2021. Please contact me with questions. Michael Hall, Planner II Courtesy copies of this letter have been sent to: Timothy Dittmer, 13408 County Road 4, Brighton, CO 80603 Blue Pill LLC, 2939 Kings Forest Drive, Kingwood, Texas 77339 USR18-0028 - Rescission Notice Page 2 of 2 EXHIBIT F U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.conr. FFC Certified Mall Fee S extra Services & 1'60S (check box, add fee as e,pproprfate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sont To (rrniE FAftM c ≤(root and Apt. titan/fox City,&laid; 4i )4 ,. ix, 4 wow Lb $ofl3 PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions O tr cC Q-. in r -R r -R D 0 D a N Cr cr rq • N U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.iisps.com". +0 El 11 tz 1t°, *. Certified Mall Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Malt Restricted Delivery ❑ Adult Signature Required ❑Adult Signature Restricted De'tvery $ Postage $ Total Postage and Foos S Postmark Here s'eAir yz Sent To $11/E PILL LL` Street and Apt. I , o I'0 Yox fro. 3 . C 1t.- S tiiy, -etQio, r. t15+a 6 ctutej i Co 8O60!, PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions FREDERICK ST RE ET WCR23.75slft i el N • yeti W C. .WCAK—T-t U • 1 • • I • Mat Leupvic CC W W D > Z Z 0 I f S • Ida Street mici to _L - it 4. r 4 w r4 4. • f • •tr •� t % • t /n ! /P I* P y /.... N V itt NEW ENERGY DR f d. Mr NW 10 gpsods.fteNinue A I a I USE BY SPECIAL REVIEW USR18-0028 DITTMER FARM, LLC & BLUE PILL, LLC LOCATED IN THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. WELD COUNTY, COLORADO VICINITY MAP S(:NI I• fans II II II II II II aII I *I II II II J II 7 II II II II II II II II II II 1/ I/ I St II CI INIRCY I) cl WIC! S aF l TT vl S IAS HI AIMS WI RICA N gins MAIMS AMI NK:A i� ti ---, CO Rd 44 _ � i rill,: X. liti VISTAS Be Mf S .` AM mcA et O U rants GNP a•alEll I PROJECT LOCATION CO RO 716 CO 1O) I DEVELOPMENT STANDARDS SOIL MAP SCPJ I h too SOIL LEGEND MAP IINII SYMICI MN' IINII NAM, 1 N I VAN I OAM, () t o n l'I RC! Ni SI OH S c ASCM ON SANITY I OAM, n1O311 O 3 Pf RO NI MOP! S 2t DACONOCIAYIDAM,aIOirtRUN' Stela S 41 NIUNN CI AY I DAM, O TO I PI RUM SI Oil S 4A OI NI Y I INI SANDY I OAS, 310 s PI Rfa N' 9 OF'f S The Ste Specific Development Plan and Use by Special Review Permel USR18-0028is for A recreational tardily (35 commercial camping stns), more than the number of cargo containers allowed as a use by right per Irn)al lot or parcel (5 carer, rnntninnrc), and uses elnidar In the uses hated above (agrdnuncm event contra mrhurdmg an amphitheater and cnvnred stage and an aquaporurs and hydropnriirc wnmhhouse, rlassnnm facility, and caretaker apartment) as Uses by Special Review as long As the use compile, with the general nerd of the A (AgeruMnal) Zone Dried, in the A (N)riaituu(Q him Dottrelsutaert In the Development Standards dated hereon 2. Appnvel of this plan may Meade a vested pnpcty right pursuant to Sertinn 23-A-10 of the Weld County Code 3. The op.r,loe shall hen cnmplanrn with the annual Efeergmhry Irn,Nal Action Plan 4. Thu hours of operations Are A) Amphitheater events 700 a . In midnight frnm April id In September 3Oth with a maximum of five (5) events per week, B) Commercial campground 24 hours/day or weekends only horn April let to September 30th C) Clasencen in the greenhouse tardily 800 a.m. In 8 00 p.m., year-round. 5. The nmximun' number of tent camp -sirs dial be thirty (90). The maximum of RV camµ Wns areal be five (5). 6 If selling or disnbxiting alcnhol. a liquor freest shall M CMmmr49Mnrs prrnl to ceryng. 7 The mAxmum number at CAW) COWAN-lets s1A1 Ire fn P /5). B. Two (2) security guards for the first 100 persons attending the event and one (1) additional security guard for each adddmnal 50 pnrsnnc after that shell tie mote during any event. 9 One (1) pm one trained in emergency medical lechnnk.oy Ire every 150 pnrsnue shall he note dune() Any even. 10 A ckren and Sanitary antics re wham medial treatment may be rendered wA be available newt() during any event. I1. The maximum number of classroom participants seal be thirty (30). 12. The maximum number of event patrons shall be three -hundred (300). 13. A Temporary AscemNage permit must be obtained by the Weld County Clerk to the Beard for any events that exceed 350 patrons a maxrnm of 10 events that exceed 350 may be MAIM per calendar year. +4. The parking area on the site sisal be maintained. 15 Al signs *WI adhere to Chapter 23 Nircle IV, Divisnn 2 and Appendices 23-C. 23-0 arid 23-E of the Weld County Code 16 The applicant Vial nperatn n arrrodancn with the approved Waste Handling Plait and Chapter 14, Article I of the Weld Count/ Code at al times 7 The access nn the sate sW/ br maintained In mitigate any imparts In the public road including damages and/or nff-ate tracking 18. There shall he no parking or staging of vehicles on public roads, Gristle parking shall be utilttod. 19. Any work that may occup/ and/or encroach upon any County rights-of-wa7 or easement shall aconite an approved Right-of-Wa 7 Use Perms prior to commencement 20. The property nwrr shah comply %dh al rt'ctuvemrtc prnveded in the executed Improvements Agreement. 21.The Improvements Agreement for this We shah be reviewed of an annual basis, mu -kitting possible updates. 22. The Access Mnnngmment Plan for U.S. Highway 85 is right -in. right -out al the intersection of County Road 4 and U.S. Highway 85. 23.Fuduae property Owners are herelry notified that the Union Pacific Relined crossing at County Road 4, nail of U.S. Highway $5 may be rinsed. 24. The hidoucal low patterns .and runoff Amounts on the site will tin maintained 25. Weld County is not responsible for the maintenance of onste dnunagn Ielaled'natures. 26 Al liquid and solid wades (as defined in the Solid Wales Dhspls.( Sites and Facilities Art_ C.RS. 430-20-100.5) anal M Ono ed and removed Inn final disposal in a manner that protects against surface and groundwater rrwnammnaloon. obtained from the Weld Courtly Board of County A 27.No permanent disposal of walers shall tr permitted at this stn. This is not meant to include those wales specifically excluded from the (Inanition re a 'did witsle in the Solid Wades Deposal Soles and Facilities Act C R.S 430-20-100.5 2A. Waste matenalc shall be handled, storied, and disposed of in a manner Thal controls fugitive duct, fugitive particulate emissions blowing deMls, and other potnnti Al airsa ern cnrMrfons. The applicant sial operate Iii aCCnrdarrr' with Chapter 14 Article I. of the Weld Col way Code. 29 Fugitive dust shordd attempt to be confined on the poenrly Use's on the property should enmity with the Colorado AN Quality CornmissrnYs AN Qualify Regulations 30 Adequate drinking hamdwashing. and toilet facilities shall tin provided for employees and patrons al the facility, at al limns 31 .For temprwary uses that are ut lvel for a time of vs (5) months or less, portable toilets and bottled water are arcersatin Records of maintenance and rennet dcpncal for portal*, toilets chap be retained on a quarterly basis and mailable for review by the Weld County Department of Pubhr Health and Envrnnmerl Portal*, toilets shah On serviced by a cleaner licensed in Weld County and vial contain hand Nandi/Pr5 32 Any snpale system located on the property must comply with ,d provisions of the Weld County Code, pertaining to Onsir Wastewater Treatment Systeme 33.In tlr event the fardty% water system serves more than 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Rrnqudatcns (5 CCR 1003-1). It not subject to these requirements, the Weld Canty Department of Putt' Health and Environment Iro n gly encourages well users to test their drinking water poor to runs mplinn and perm rimy thereafter 34. The applicant Shal rnmply with Colorado Retail Fond Edablieliment Rules and Reg'latinris f wernine the regulation ct food service nlealishments. 35. The operation deal comply with all (topically rides and regulations of slate and federal agencies and the Weld County Coate 36_Snurces of light slap be shielded se that light rays will not wow' directly onto arlparmit properties whore such would cause n nuisance or interfere with the use on the adjacent poprrters in accordance with the plan, Neither the direr], nor reflected, light from any light source may create a traffic hrvard to operators of motor vehicles on public or private dmets. No colored lights may be used *Mach maybe confused witft or conarued as, traffic control devices 37.Buildno permits may he requited, per Swaim 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld Count/ 2012 International Codes, 2006 International Energy Code and 2O17 National Electrical Code A Braiding Perm Application mug be completed And two (2) complete lets of engineered plans bearing the wet damp of n Colorado registered arrhtert or engineer mud be submitted for review. A Geterhniral Engineering Report, per 'reined by a Colorado registered engineer shall he required or art Open Hole Incp)r:tnn. 38.Nncnssary personnel from the Weld County Departments of Planning Services. Public Works and Public Health and Environment shah be wanted access onto the properly al any reasonable time in order to entire the antrvtns carried nut nn the property comply with the Development Standards and Conditions of Aeons AI sated herein and is applirat-4e Weld County regulations 39. The Use by Special Review area shall be limited to the plans shown hereon arid governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or staled, chat require the approval of an amendment of Ihn Permit by the Weld County Board of County Cmmtiucsioners before such changes from the plans or Development Standards are permitted My other changes shall be Mod in the office of the Department of Planning Services, rto. The property Wet or operator shat be responsible to complying with al of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for inoratrah of the Permit by the Board of County Cnrruniscinners. 41 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the mole abundant mineral resa fees. unchidimg, but not limited to grind and gravel, oil, natural gam and coal. Under Tale 34 of the Colorado Revised Statutes, minerals are vital neso.aces because (a) the slate's conunircial mineral deposits Ne essential to the dates er(ewniy, (b) the populous retort's of the date farm 1 r8 brat siMage of such rlepmtc. and (e) such deposits should he extracted according to A rational plan, cakndahnd to avoid wale of Mich deposits and cause the least practicable disnption of the ecology and quality of life of the citi,ens of the populous counties of the sae Mineral resource locations are widespread throughout the County and persons moving into these areas must rrr:ngnite the varmint imparts acclimated with this development. Oftentimes, mineral resume sites are fixed In their geographical end geophysical locations Moreover. 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SHEET TITLE USR-I COVER SHEET USR-2 SITE PLAN USR-3 AMPHITHEATER DETAIL PLANNING COMMISSION CERTIFICATION THIS IS TO CERTIFY THAT THE WELD COUNTY PLANNING COMMISSION HAS CERTIFIED AND DOES HEREBY RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY COLORADO. FOR ITS CONFIRMATION APPROVAL AND ADOPTION OF THIS SITE SPECIFIC DEVEL OPMENT PLAN AND USE BY SPECIAL REVIEW AS SHOWN ANT) DESCRIBED HEREON THIS DAY OF 20 CHAIR NELD COUNTY PIANMN,"i COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO. DOES HEREBY CONFIRM AND ADOPT THIS SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AND DEVELOPMENT STANDARDS AS SHOWN AND DESCRIBED HEREON THE DAY OF 2O CHAIR BOARD OF COUNTY COMMISSTONTRS ATTEST WELD COUNTY CLERK TO THE BOARD BY DEPUTY CLERK TO THE BOARD DATED PROPERTY OWNER'S CERTIFICATION THE UNDERSIGNED MAJOR PROPERTY OWNER'S) DO HEREBY AGREE TO THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS AS DESCRIBED HEREON THIS DAY OF 2O ITLX PILL LLC CIO KENDAL DITTMER DITTMER FARM. LLC Cro TIMOTHY ( TMF R ( a I I I I l { I w 1 at I fl f a I a I a a a $ 6 no bt 8 Y 3 X 3 'S I R . T 2 _f -AG U :LOVERS OF , .nue, Suite 200 Grey 35-9318 • fax (970) DITTMER FARM, I.I.C &I SIIfi• USR-1 1111111111111 1,111111111111-11111111111111 1111111111111-11111111111111 BJ .an, 1�l Erk LEGEND Ewsnrvc caourvo suRFACE coNTouR rwD ELEvanorv, FT EwGTNG PROPERTY LINE ANO MaRACER IMMOH-ON COM OMITS Ewsnrvc FOCE OF ASPHALT ER... EASEMENT EMSTNG R.O.W. EMIR. METAL FENCE PROPOSEGFENCE Ewsnrvc CART RCA. EMSTNC OVERHEAD ELECTRIC EMSRNG GAS LINE EPSON. DRWN PIPE EP.. FIRE HYDRANT EMSTNG WATER VALVE EMSTNC WATER METER E.... ORO, POLE Ewsnrvc WATER HroRANT EMSTNG GAS MMKER FLOW OIRECOON PROPOSED POLE LIGHTNC USR18-0028 SITE PLAN SHEET USR-2 VINYLEENING FENCE SCR \ �� VINYL PICKET TRASH ENCLOSURE DETAIL USR18-0028 AMPHITHEATER DETAIL LEGEND Ewsnrvc caouNo suRFacE CONTOUR ANO ELEVAION. FT __ EXTING PPOPERTY LINE �� AND MPAKER EXITING EDGE OF ASPHALT EXITTNO EASEMENT - EXITINGR.O.W. EXITING METAL FENCE EXITING ORU ROAD aI -OI - EXITING OVERHEAD ELECTRIC --.. -.,. EXITING GAT E.... 0RRIN PIPE TRAFFIC CIRCULATION EXITING EIRE HYDRANT EXITING WATER VALVE EXITING WATER METER Ewsnrvc unOTY POLE EXITING WATER HYDRMIT MTN. GAT MARKER FLOW DIRECION PROPOSE. POLE OGHTNG oa Tmo o-0 0 PROPOSE. OECIOUOUT TREE PROPOSED CONIFER TREE PROPOSE. ORNAMENTAL TREE GRAVEL IRRIGATED TURF NON IRRIGATEDMA TVE SEE. CORTLE MULCH PARKING DETAIL .11 041.1 PARKING EWNTCENTER sTuu.wRo zt HANDICAP Rv sPACEs GREENHOUSE BCIASSPOOM HTArvoARo , nNOIcaR z SHEET USR-3 From: Michael Hall To: Chloe White; Esther Gesick; tan Warwick; Jessica Reid Subject: FW: USR18-0028 Date: Friday, April 8, 2022 10:50:22 AM See below email regarding USR18-0028, related to the April 18th hearing. Thanks. - Michael Hall From: Michael Hall Sent: Friday, April 8, 2022 10:49 AM To: Timothy Dittmer <tgdittmer@hotmail.com> Cc: Heather Dittmer <hmdittmer@hotmail.com> Subject: RE: USR18-0028 Mr. Dittmer, Thank you for the email. At the April 18th hearing, there likely will be little discussion on the topic of USR rescission, as the USR map has been recorded. Therefore, you may express your intent to completely vacate the recorded USR map. This would effectively remove the USR permanently from the property. At the hearing, legal counsel will either allow this to occur during that same hearing or they may require a separate hearing to vacate the USR. Either way, Weld County Planning is happy to assist you in this matter. Thank you, Michael Hall Planner II (970) 400-3528 mhall(oweldgov,com 1555 N17th Avenue Greeley, CO 80631 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Timothy Dittmer <tgdittmerPhotmail.com> Sent: Wednesday, April 6, 2022 8:59 AM To: Michael Hall <mhallWweldgov.com> Cc: Heather Dittmer <hmdittmerhhotmail.com> Subject: USR18-0028 outs le of Weld County Govemrne t. Do not lic1 e content is safe. Dear Mr. Hall, Rae By unanimous vote of the members of Dittmer Farm LLC we wish the record to show that we want the USR18-0028 to be removed from the property located at 13448 County Road 4, Brighton, Colorado. There are no plans to move forward with the venue, greenhouses or infrastructure related to the USR. There will be no change to the Central ponds or the purposed Incline well site. The recording of inaccurate documents with the clerk and recorder on January 11, 2022 was without our knowledge or consent. Further more, it needs to be made clear that AgProfessionals, Farm Lab (Vincent Collins), and the law office of Otis, Coan, Payton, Payne, Garcia have never been hired to represent Dittmer Farm LLC. You will be hearing from the Law Firm of Lions Gaddis on behalf of Blue Pill LLC and the estate of Kendal Dittmer. The Members of Dittmer Farm LLC felt it was necessary to be on record in this matter as the individual entity that it is. I'm planning on attending the April 18th 9am meeting with BOCC so please let me know if there are any changes. Sincerely, Timothy G Dittmer Chairman/ Manager Dittmer Farm LLC Get Outlook for iOS Esther Gesick From: Sent: To: Cc: Subject: Kelsey Bruxvoort <Kbruxvoort@agpros,com> Thursday, October 14, 2021 2:07 PM Esther Gesick Michael ball; Tim Naylor; Farm Lab; Kendal Dittnner, Tom Parko Jr. RE: Dittmer-Blue Pill USR1B-0028 - Extension/Rescission BOCC Hearing (Watt's `This_eruall totg?A ted freoue itstde tf Weld County Gbvemment Do not click links or open attachments uniess you recognize the sender and.t46[ed the thct is fie Hi Esther, Well be requesting a 6 -month extension to allow Incline Energy additional time To submit a new WOGLA application / pursue Other permitting options. Thanks, Kelsey Bruxvoort Land Planner AGPROfesslonals 3050 67th Avenue Greeley, CO 80634 Office: 970-535-9318 Mobile: 970-744-0068 Fax: 970.535.9854 www.artafos.com . PROfessionals KVELOPERS OF AGRICULTURE Winner From: Esther Gesick <egesick@weldgov,com> Sent: Thursday, October 14, 2021 9:34 AM To: Kelsey Bruxvoort <Kbruxvoort@agpros.com> Cc: Michael Hall <mhall@weldgov.com>; Tim Naylor <tnaylor@agpros,corn>; Farm Lab <farmlabusa@gmail.corn>, Kendal Dittmer <kpdwarrlor@gmail.com>; Tom Perko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.come Subject: RE: Dittmer-Blue Pill O5918-0028 - Extension/Rescission BOCC Hearing Hello Kelsey, I am working on drafting a Continuance Resolutlor for Monday's 10/18/21 board meeting. Do you have a requested date to consider? Esther F. Gesick Clerk to the Board 1150 O Street IRO. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: Th•s elettronic transmission and any attached documents or ocher writings are intended only for the person or entity to which it Is addressed and may contain information that Is privileged, confidential or otherwise protected from disclosure. It you have receives this communication in error, please immediately notify sender by return e- mat and destroy the communication. Any disclosure, copying, distribution o'the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient Is strictly prohibited. From: Kelsey Bruxvoort ckbruxvoort@agpros.com> Sent: Monday, October 11, 2021 1:58 PM To: Tom Perko Jr. <tparko@weldoov.com> Cc: Michael Hall <mhall@weldeov.com>; Tim Naylor<tnaylor@aepros.corn>; Farm Lab <farmlabusa@gmail,com>; Kendal Dittmer <kodwarrior@itmail.com> Subject: Dittmer-Blue Pill USR18-0028 - Extension/Rescission 8OCC Hearing d Cos)t3' Coyertuccdbo; Doyssclick links or open attaehments,unless you recognize the Hi Torn, Following up regarding the upcoming 10/18 Dittmer-Blue Pill USR18-0028 Extension/Rescission BOCC Hearing. We'll be requesting another extension on behalf of Kendal Dittmer. We haven't heard from Incline Energy since the 9/1 work session. Our understanding was that they would be pursuing new avenues for permit approval, but at this point we aren't convinced that they have a viable path forward, with or without the USR on -site. We're not ready to vacate toe USR at this time as we may lose both opportunities if we do so. Regards, Kelsey Bruxvoort Land Planner AGPROfessionals 3050 67th Avenue Greeley, CO 80630 Office: 970-535-9318 Mobile: 970.744.0068 Fax: 970-535-9854 www.agpros.com a AGP OieSSlonaaiS A�N Ott OEVELOI°EttE ofrwcoluc6C-t-UP,so W her Hello