HomeMy WebLinkAbout20221109.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING RECISSION OF 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 -
DITTMER FARM, LLC, C/O TIMOTHY DITTMER, AND BLUE PILL, LLC, C/O KENDAL
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)."
GG'.PL(TQ/MN) CA (BE) APPL , APPL. REP
/,23 /2-z
2022-1109
PL2596
CONTINUE CONSIDERATION FOR RECISSION OF USR18-0028 - DITTMER FARM, LLC, C/O
TIMOTHY DITTMER, AND BLUE PILL, LLC, C/O KENDAL DITTMER
PAGE 2
WHEREAS, the Department of Planning Services notified the applicants, Dittmer Farm,
LLC, do Timothy Dittmer, and Blue Pill, LLC, do 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
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, deems 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.
WHEREAS, on April 18, 2022, staff advised the Board that the USR map had been
recorded by the applicant without prior review by staff, and the Board again deemed it advisable
to continue the matter until October 17, 2022, at 9:00 a.m., to allow the applicant to settle Estate
Kendall Dittmer with Probate, prior to the recission of USR18-0028.
2022-1109
PL2596
CONTINUE CONSIDERATION FOR RECISSION OF USR18-0028 - DITTMER FARM, LLC, C/O
TIMOTHY DITTMER, AND BLUE PILL, LLC, C/O KENDAL DITTMER
PAGE 3
NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that
the request for recission of 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, be, and hereby is continued to October 17, 2022, at 9:00 a.m., with instruction to staff
that the matter may be presented sooner, if the Probate matter is resolved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WC D COUNTY, COLORADO
ATTEST: ditto%) W XL:4k
Weld County Clerk to the Board
County Attorney
Date of signature: (-i/2q/z2
2022-1109
PL2596
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