HomeMy WebLinkAboutbocc.res.019.2014RECEPTION#: 608127, 02/21/2014 at
02:46:12 PM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO DENYING APPROVAL
FOR THE LAFKLC, LLC ACTIVITY ENVELOPE AND SITE PLAN
AND REQUEST FOR FLEXIBILITY FOR AGRICULTURAL SUPPORT
BOCC Resolution No. Ol -2014
Recitals
LAFKLC, LLC, through Green Essentials Medical, LLC (Ronald Radtke) (`hereafter the
Applicant') has applied to the Pitkin County Board of County Commissioners (BOCC") for
Activity Envelope, Site Plan Review, and Flexibility for Agricultural Support for the following
activities:
• Construct two new greenhouse modules and ancillary support buildings that total
approximately 19,000 square feet of floor area.
The subject parcel is located at 2520 Lower River Road, Lot 6, Aspen River Valley Ranch. The
lot is approximately 38 acres in size and is conforming in the AR -10 Zone District. The parcel
contains a single-family residence, employee dwelling unit, garages and other accessory structures.
(Legal Description, Attachment A).
Activity Envelope/Site Plan Review and a request for Flexibility for Agricultural Support are an
Administrative Review and decision by the Community Development -Director pursuant to
Chapter 2 of the Code. The application garnered significant public interest both from
neighboring property owners and the applicable Caucus. Pursuant to Section 2-30-20(i)(1)(a), the
Community Development Director referred this application to the BOCC for review and
decision.
4. The BOCC heard this application at a duly noticed public hearing on November 6, 2013, at which
time evidence and testimony were presented with respect to this application. A site visit with the
Board, the Applicants, and the public was held on November 21, 2013. The board considered the
item again at a continued meeting on December 18, 2013.
5. The BOCC finds that the proposal does not demonstrate conformance with the standards set forth in
Chapter 2, Section 20-30-20(g)(19) of the Code (Flexibility for Agricultural Support).
6. The BOCC further finds that Section 20-30-20(g)(19) of the Code is designed to allow for
additional square footage to support an existing agricultural operation.
7. The BOCC further finds that the property has a residential classification and the Applicant has not
demonstrated that the property is being utilized for an existing agricultural operation pursuant to
Section 20-30-20(g)(19)(c) of the Code.
8. The BOCC further finds that Pursuant to Chapter 11 of the Code, the definition of an Agricultural
Operation "means use of land for agriculture". "Agriculture" is defined as raising, producing, or
Resolution No. 10 -2013
Page 1 of 4
keeping plants or livestock, or cultivation and management of other crops or farm products. The
Applicant has not demonstrated a required need to service an existing agricultural operation, but
only a demonstration of a desire to establish an agricultural use. Therefore. Section 20-30-
20(g)(19) of the Code is not applicable to allow the Applicant's additional square footage.
9. The BOCC further finds that the additional square footage desired by the Applicant can only be
obtained through successful competition for a GMQS allotment or approval of the use of
transferable development rights.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby denies approval for the LAFKLC, LLC Activity Envelope, Site Plan
Review, and Flexibility for Agricultural Support on the following grounds:
1. Section 20-30-20(g)(19) (Flexibility for Agricultural Support is designed to allow for additional
square footage to support an existing agricultural operation.
2. The Applicant's property is classified as residential and the Applicant has not demonstrated that the
property is being utilized for an existing agricultural operation.
3. The Applicant has demonstrated only a desire to establish an agricultural use, not a required need to
service an existing agricultural operation.
4. Section 20-30-20(g)(19) of the Land Use Code is not applicable to allow additional square footage
in cases where it has not been demonstrated that the property is being utilized for an existing
agricultural operation.
5. The Applicant can only be granted additional square footage upon successful competition for a
GMQS allotment or through transferable development rights upon BOCC approval.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
3rd day of October, 2013.
PUBLISHED AFTER ADO T /FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY ON
7T
DENIED at the public meeting on.thelPAth-day o201V
BOARD OF COUNTY COMMISSIONERS
OF PITKfN COUNTY. COLORADO
6earge.pi�rnen,. Ro�iElL'� � .�7T/VEill ?R ,
Chairman �
Date: 71 ' V 1 Li
Resolution No. 0/f -2013
Page 3 of 4
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Case # P075-13
PID#:246725400007
C' K
and F ouben,
Community Development Director
RECEPTION#: 601695, 0. .4/2013 at 10:27:49 AM, 2 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
Exhibit 5 - Vicinty Map and Legal Desctipton
PID no. 2467-254-00-007
EXHIBIT A
LOT 6, ASPEN RIVER VALLEY RANCH. DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING PART OF TRACTS 69 AND 84 AND BEING LOCATED W SECTIONS 25 AND 36, TOWNSHIP 8
SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, SAID PARCEL MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON LINE 1-9 OF SAID TRACT 69 WHENCE A.P. 1 OF TRACT 69 BEARS NORTH 00 DEGREES
23-46-W 410.00 FEET;
THENCE SOUTH 00 DEGREES 23'46"E 746.32 FEET ALONG SAID LINE 1.9;
THENCE SOUTH 53 DEGREES 12'15'W 711.64 FEET;
THENCE SOUTH 33 DEGREES MOVE 593.48 FEET;
THENCE SOUTH 50 DEGREES 004DO'W 1505.89 FEET;
THENCE NORTH 00 DEGREES 42'19'W 440.00 FEET TO THE A.P. 6 OF SAID TRACT 69;
THENCE NORTH 89 DEGREES 4U19'W 276.80 FEET ALONG LINE 6-5 OF TRACT 69;
THENCE NORTH 18 DEGREES OOW"W 310.39 FEET;
THENCE NORTH 43 DEGREES 00W"E 2600.0D FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
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