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HomeMy WebLinkAbout20211578.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST TO EXTEND TIME TO RECORD THE MAP OR 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)." cc: PLCfl1H/rP, cAce,B, (G), APPL, APPL REP O$/Omlal 2021-1578 PL2596 EXTEND TIME TO RECORD THE MAP FOR USR18-0028 AND CONTINUE CONSIDERATION FOR EXTENSION OR 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, c/o 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, c/o Timothy Dittmer, was present, and the applicant Blue Pill, LLC, c/o 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, deems 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. NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that the request for an extension of time to record the map for 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, and the request to continue the further consideration of extension of time to record the USR map or recission of USR18-0028, be, and hereby is, granted, with said extension granted through and said continuance scheduled for Monday, October 18, 2021, at 9:00 a.m. 2021-1578 PL2596 EXTEND TIME TO RECORD THE MAP FOR USR18-0028 AND CONTINUE CONSIDERATION FOR EXTENSION OR RECISSION OF USR18-0028 - DITTMER FARM, LLC, C/O TIMOTHY DITTMER, AND BLUE PILL, LLC, C/O KENDAL DITTMER PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD QOUNTY, COLORADO ATTEST: ddilivo( eleo;( Weld County Clerk to the Board ike Freeman County Attorney Date of signature: O7/2V.2I 2021-1578 PL2596 Hello