HomeMy WebLinkAbout20212934.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)."
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2021-2934
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, 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 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.
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 April 18, 2022,
at 9:00 a.m.
2021-2934
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 18th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: rf.,��
Weld County Clerk to the •X�
APP
Deputy Clerk to t
County A torney
Date of signature: I °L�I Z!� Z J
Steve
oreno, Chair
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Perry L. B
Mike Freeman
2021-2934
PL2596
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Thursday, October 14, 2021 2:07 PM
Esther Gesick
Michael Hall; Tim Naylor; Farm Lab; Kendal Dittmer; Tom Parko Jr.
RE: Dittmer-Blue Pill USR18-0028 - Extension/Rescission BOCC Hearing
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.
Hi Esther,
We'll 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
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessionals
DEVELOPERS Or AGRICULTURE.
T o Itrch
Awards
lfrEthies
Winner
From: Esther Gesick <egesick@weldgov.com>
Sent: Thursday, October 14, 2021 9:34 AM
To: Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Cc: Michael Hal! <mhall@weldgov.com>; Tim Naylor <tnaylor@agpros.com>; Farm Lab <farmlabusa@gmail.com>;
Kendal Dittmer <kpdwarrior@gmail.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Subject: RE: Dittmer-Blue Pill USR18-0028 - Extension/Rescission BOCC Hearing
Hello Kelsey,
I am working on drafting a Continuance Resolution for Monday's 10/18/21 board meeting. Do you have a requested
date to consider?
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
1 I- '':13`1
PL a5cICo
tel: (970) 400-4226
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
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From: Kelsey Bruxvoort <kbruxvoort@agpros.com>
Sent: Monday, October 11, 2021 1:58 PM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Michael Hall <mhall@weldgov.com>; Tim Naylor <tnaylor@agpros.com>; Farm Lab <farmlabusa@gmail.com>;
Kendal Dittmer <kpdwarrior@gmail.com>
Subject: Dittmer-Blue Pill USR18-0028 - Extension/Rescission BOCC Hearing
Caution a 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.
Hi Tom,
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 the 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 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessionais
DEVELOPERS OF ACRJCULrU RE.
Zing
Torr s
Winner
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