HomeMy WebLinkAbout20192631.tiffRESOLUTION
RE: APPROVE 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
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, the Board of County Commissioners held a public hearing on the 10th day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of H2S2, LLC, 2022 Jasmine St., Denver, Colorado 80207, 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, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX17-0186; being
part of the S1/2 NE1/4 of Section 32, Township 7
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.1 (A. Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
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09/17/19
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the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The proposed use of
the property is for the planting, growing, cultivation, and processing
of industrial hemp by distillation, resulting in a crude oil that is
packaged and shipped offsite for further refinement, processing,
and product development. Referrals were requested from North
Weld County Water District, Galeton Fire Protection District, Weld
County Office of Emergency Management, and Colorado
Department of Agriculture. Non -supportive comments were not
received for this Land Use application. The proposed use is in an
area that can support this development with the expansion of the
agricultural buildings and the existing screening. The Conditions of
Approval, and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.W provides for a Site
Specific Development Plan and Use by Special Review Permit for Uses
similar to the Uses listed as Uses by Special Review; 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. The
A (Agricultural) Zone District is also intended to provide areas for the
conduct of Uses by Special Review, which have been determined to be
more intense or to have a potentially greater impact than Uses Allowed by
Right. The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and future
residents of the County.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of rural
residences on smaller tracts of land predominately to the east, with the
nearest residence located 175 feet from the east property line and located
on the west side of County Road 53. The other residences located east of
County Road 53, approximately 355 feet from the north property line,
756 feet and 980 feet from the south property line. The Mason View
Subdivision is located to the southeast of the proposed facility. The Weld
County Department of Planning Services sent notice to eight (8)
surrounding property owners and received no correspondence from
interested persons or property owners within 500 feet of the property. The
Conditions of Approval require that the applicant submit an Emergency
Action and Safety Plan, and a Road Maintenance Agreement. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 area
or the Airport Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 9.5 acres of
"Irrigated Lands, Not Prime," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the USR Map:
A. The applicant shall provide to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from
all adjacent properties.
B. The parking area shall be screened from the surrounding property owners
and the public right-of-way.
C. In the event the applicant intends to utilize the existing septic system, the
septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a
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technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current
regulations.
D. A Road Maintenance Agreement is required for this project. Road
maintenance includes, but is not limited to, limited dust control and damage
repair to specified haul routes.
E. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
F. The applicant or property owner shall submit a Building Permit for each
conex container located on the property.
G. The applicant or property owner shall submit evidence that all the enclosed
trailers parked on the property are operational and have current tags and
title.
H. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0015.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping and proposed
screening.
6) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers, and/or employees.
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9) County Road 53 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to operation.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) Setback radiuses for existing oil and gas tank batteries and well
heads shall be indicated on the USR Map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. The approved access and tracking control shall be constructed.
B. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
plat is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution
by the following vote on the 10th day of July,
ATTEST: ddadA) v Je&O c,k.
Weld County Clerk to the Board
BY: lA'(:Vik
eputy Clerk to the Board
C•'• nfy Attorney
Date of signature: Ogb71 1
was, on motion duly made and seconded, adopted
A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO •RADO '
Barbara Kirkmeyer Chair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H2S2, LLC
USR19-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0015, is
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, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be up to twenty (20).
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The existing landscape and proposed screening on the site shall be maintained.
7. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
10. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
11. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling, and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
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13. A permanent, adequate water supply shall be provided for drinking, handwashing and
toilet facilities for employees and patrons of the facility. Sewage disposal for the facility
shall be by septic system. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
14. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
15. The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Industrial Hemp (8 CCR 1203-23).
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
26. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Residential Code, 2006
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International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property,
with 24 -hour notice to the property owner/facility operator in order to ensure the activities
carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
30. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit, if applicable.
31. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
33. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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