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Home My WebLink About20192643.tiffHEARING CERTIFICATION DOCKET NO. 2019-79 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0015, FOR PROCESSING AND A USE SIMILAR TO USES BY SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT AS LONG AS THE USE (HEMP PROCESSING, STORAGE AND DISTRIBUTION OF EXTRACTED RAW OIL) COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - H2S2, LLC A public hearing was conducted on July 10, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid County Attorney, Bruce Barker Planning Services Department representative, Kim Ogle Public Works Department representative, Hayley Balzano Health Department representative, Ben Frissell The following business was transacted: IR I hereby certify that pursuant to a notice dated May 14, 2019, and duly published May 17, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of H2S2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0015, for Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use (hemp processing, storage and distribution of extracted raw oil) complies with the general intent of the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and stated the site is not within the three (3) mile referral area of any municipalities. He described adjacent land uses, indicated no correspondence was received, and explained the harvesting process and the processing chemical that will be stored onsite. He stated 14 referrals were sent out and three (3) agencies responded. He entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of the site and surrounding views. Hayley Balzano, Department of Public Works, provided a brief overview of the transportation plans and requirements. She stated there is an existing access on County Road (CR) 53, and provided daily roundtrip counts and average speeds. She indicated the Department of Public Works (PW) will require tracking control, as well as an Improvements and Road Maintenance Agreement, and presented the drainage and grading requirements. cc: PLCKO/TP),Pw(F-I8/T -), EH(8P) ©9/t7/19 2019-2643 PL2682 HEARING CERTIFICATION - H2S2, LLC (USR19-0015) PAGE 2 IR Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions. He stated water will be provided by the North Weld County Water District (NWCWD), and the existing septic system, currently permitted for residential use, will need to be permitted for commercial use prior to recording the map. He mentioned there will be fuel stored onsite, and Development Standards (DS) #10-20 address Environmental Health (EH) items. e Shannon Toomey, AGPROfessionals, represented the applicant and provided a PowerPoint Presentation. She explained the site location and existing buildings, proposed site plan, hours of operation, number of employees, and surrounding businesses. In response to Commissioner Conway, she described the operation that will take place on the site. In response to Commissioner Moreno, Chair Kirkmeyer clarified the existing residence will be converted into an office and the employees will have access to the restroom facilities in the office. k No public testimony was offered concerning this matter. e In response to Chair Kirkmeyer, Ms. Toomey explained a Spill Prevention, Control and Countermeasure Plan (SPCC) is required due to the on -site storage of ethanol and propane, and Mr. Ogle explained the Department of Planning Services is requiring a Decommissioning Plan, should the use go away the site is safe to inhabit. In response to Commissioner James, Ms. Toomey indicated the applicant plans to store up to 2,500 gallons of ethanol onsite, and Mr. Frissell outlined the SPCC requirements for fuel storage. In response to Chair Kirkmeyer, Ms. Toomey described the equipment associated with the operation, including a seed separator, dehydrator, and centrifuge. Mr. Olge confirmed the closest residence is a house on the corner by the access road, roughly 175 feet from the proposed site. In response to Commissioner James, Ms. Toomey confirmed the equipment noise will be below the commercial level, as all of the equipment will be stored indoors. e Ms. Toomey indicated she had questions about DS #7 (Landscape and Screening Plan), and DS #16 (preventing odor), and Chair Kirkmeyer stated they would address her concerns while going through the Conditions of Approval (COA) and DS. Chair Kirkmeyer suggested deleting COA #1.6 (Decommissioning Plan), COA #1.C (Lighting Plan), deleting "evidence and public rights -of -way or have been removed from the property' from COA #1.A, and changing the language in COA #1.D (screening of the parking area). After discussion among the Board and staff, the Board modified COA #1.F, to address a Road Maintenance Agreement only. Chair Kirkmeyer suggested changing the language in DS #7 to remove the requirement of a Landscape and Screening Plan, deleting DS #3 (hours of operation), and adding "up to" and deleting "as stated by the applicant' from DS #4 (number of on -site employees). She also suggested deleting DS #8 (Decommissioning Plan), DS #15 (commercial noise level), DS #16 (preventing odor), and removing the word "improvements" in DS #25 and DS #26. In response to Mr. Barker, Ms. Toomey indicated the applicant does not need a permit to store ethanol. Chair Kirkmeyer suggested adding "if applicable" to DS #34 (revocation of State -issued permit), and after discussion concerning a compliance advisory, the Board deleted DS #35. The Board was in agreement with all of the aforementioned changes. 2019-2643 PL2682 HEARING CERTIFICATION - H2S2, LLC (USR19-0015) PAGE 3 e In response to Chair Kirkmeyer, Ms. Toomey indicated she reviewed, and on behalf of the applicant, agreed to abide by, the Conditions of Approval and Development Standards, as amended. e No public testimony was offered with regard to the changes made to the Conditions of Approval and Development Standards. El Commissioner Conway moved to approve the request of H2S2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0015, for Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use (hemp processing, storage and distribution of extracted raw oil) complies with the general intent of the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:45 a.m. This Certification was approved on the 15th day of July, 2019. 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