HomeMy WebLinkAbout20192632.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST
LEGAL DESCRIPTION
LOCATION
USR19-0015
H2S2 LLC
KIM OGLE
A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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.
LOT A RECX17-0186, S2NE4 SECTION 32. T7N. R64W OF THE 6TH P.M.. WELD
COUNTY. COLORADO.
WEST OF AND ADJACENT TO CR 53; APPROXIMATELY 0.5 MILES NORTH OF
CR 74.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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 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 off site 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 Development Standards, and the Conditions of
Approval 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-40.W provides for a Site
Specific Development Plan and Special Review Permit for uses similar to the uses listed above 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 in 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
RESOLUTION USR19-0015
H2S2,LLC
PAGE 2
health. safety and general welfare of the present and future residents of the County.
C. Section 23-2-220.A.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, with 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 (eight) Surrounding Property
Owners. Planning staff 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,
an Improvements Agreement (for road maintenance) and a Landscaping/Screening Plan. The
Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.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.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld
County Code.
The property is/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 23-2-220.A.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 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant.
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
RESOLUTION USR19-0015
H2S2. LLC
PAGE 3
A. The applicant shall provide evidence to the Department of Planning Services that all noncommercial
junkyard items located on the property are screened from all adjacent properties and public rights -of -
way or have been removed from the property. (Department of Planning Services)
B. The applicant shall submit a Decommissioning Plan. (Department of Planning Services)
C. The applicant shall submit a Lighting Plan. (Department of Planning Services)
D. The applicant shall submit a Screening/Landscape Plan that screens the site from the Surrounding
Property Owners and the right-of-way. (Department of Planning Services)
E. 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 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.
(Department of Public Health and Environment)
An Improvements and Road Maintenance Agreement is required for this project. Road maintenance
includes. but is not limited to, triggered future improvements, dust control and damage repair to
specified haul routes. (Department of Public Works)
G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
H. The applicant or property owner shall submit a building permit for each conex container located on
the property. (Planning Services)
The applicant or property owner shall submit evidence that all of the enclosed trailers parked on the
property are operational and have current tags and title. (Planning Services)
J. The plat shall be amended to delineate the following.
1. All sheets of the map shall be labeled USR19-0015. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the existing landscaping and proposed screening. (Department of
Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code. (Department
of Planning Services)
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. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors. customers and/or employees.
(Department of Planning Services)
RESOLUTION USR19-0015
H2S2,LLC
PAGE 4
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 on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10. Show and label the approved access locations. approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to operation. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public Works)
12. 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. (Department of Public Works)
13. 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.
(Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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) 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.
(Department of Planning Services)
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 S50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of
Public Works)
5. Prior to Operation:
A. The approved access and tracking control shall be constructed. (Department of Public Works)
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. (Department of Planning Services)
RESOLUTION USR19-0015
H2S2.LLC
PAGE 5
6. The Use by Special Review 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.
(Department of Planning Services)
Motion seconded by Richard Beck.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
Tom Cope
Gene Stifle
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Michelle Wall. Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 4. 2019.
Dated the 4th of June. 2019
4Ykatal-@e, r:/} G•Oef11Q
Michelle Wall
Secretary
RESOLUTION USR19-0015
H2S2, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H2S2. LLC
USR19-0015
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 complies
with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage and Distribution of
extracted raw oil) in the Agriculture Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 7:00 a.m. - 5:00 p.m. Monday — Saturday for the hemp processing component.
as stated by the applicant. (Department of Planning Services)
4. The number of on -site employees shall be twenty (20) as stated by the applicant. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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. (Department of Planning Services)
7. The landscape and screening on the site shall be maintained in accordance with the approved Landscape
and Screening Plan. (Department of Planning Services)
8. The Property Owner shall maintain compliance with the Decommission Plan and the Communication Plan.
(Department of Planning Services)
9. 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. (Department
of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5.
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
11. 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. 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. Waste materials shall be handled. stored, and disposed 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 1 of the Weld County Code. (Department of Public Health and
Environment)
13. 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. (Department of Public Health and Environment)
14. 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. (Department of Public Health and Environment)
RESOLUTION USR19-0015
H2S2, LLC
PAGE 7
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of seven -to -one dilution threshold. as measured pursuant to Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event odor levels detected off site of the
facility meet or exceed the level of seven -to -one dilution threshold, or in the judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and
Environment)
17. A permanent. adequate water supply shall be provided for drinking, hand washing 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 Onsite Wastewater Treatment Systems. (Department of Public Health and Environment)
18. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR. Part 112, shall be available. (Department of Public Health and
Environment)
19. The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining to
Industrial Hemp (8 CCR 1203-23). (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. Department of Public Health and Environment)
21. 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. (Department of Public Works)
22. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
24. 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. (Department of Public Works)
25. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
26. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and
possible updates. (Department of Public Works)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
29. 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. (Department of Planning Services)
RESOLUTION USR19-0015
H2S2. LLC
PAGE 8
30. 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 has been adopted by Weld County: 2018 International Building
Codes; 2018 International Residential Code; 2006 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.
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
32. 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. (Department of Planning Services)
33. 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. (Department of Planning Services)
34. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
35. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit. and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
36. The property owner or operator shall be responsible for complying with all of 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. (Department of Public Health and
Environment)
37. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times. 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.
RESOLUTION USR19-0015
H2S2, LLC
PAGE 9
38. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views. spaciousness. wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment slow -moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities:
shooting sports. legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County.
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases. will not be equivalent to municipal services. Rural dwellers must. by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic.. sandburs. puncture vines, territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 4. 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair.
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes. Bruce Sparrow. Bruce Johnson. Lonnie Ford. Richard Beck. Elijah Hatch. Skip
Holland.
Absent: Gene Stifle. Tom Cope.
Also Present. Kim Ogle. Chris Gathman, Angela Snyder. and Maxwell Nader. Department of Planning
Services, Lauren Light. Department of Health; Evan Pinkham. Hayley Balzano and Mike McRoberts. Public
Works; Bob Choate. County Attorney. and Michelle Wall. Secretary.
CASE NUMBER: USR19-0015
APPLICANT H2S2 LLC
PLANNER KIM OGLE
REQUEST A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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.
LEGAL DESCRIPTION LOT A RECX17-0186. S2NE4 SECTION 32 T7N R64W OF THE 6TH P.M.
WELD COUNTY, COLORADO.
LOCATION WEST OF AND ADJACENT TO CR 53, APPROXIMATELY 0.5 MILES NORTH
OF CR 74.
Kim Ogle. Planning Services. presented Case USR19-0015, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano. Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Shannon Toomey. AGPROfessionals. 3050 67'r' Avenue. Greeley, Colorado. Ms. Toomey stated she is
representing H2S2. LLC dba Colorado Cultivars USA. LLC. The applicant is requesting a USR for Industrial
hemp processing via ethanol extraction. The final product is an unrefined hemp oil. Items such as ethanol,
glycol, propane. and raw materials including bailed raw hemp and dehydrated hemp will be stored on site.
The majority of hemp that will be processed on site will be grown by Colorado Cultivars; however, they will
also process hemp grown by other growers. The hemp processing will be done inside. The applicant would
like to add another storage building on the property that was not included in the original proposal. Ms.
Toomey said the applicant's proposal meets the conditions of approval and development standards.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR19-0015 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Bruce Sparrow. Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch. Lonnie Ford, Michael Wailes Richard Beck. Skip
Holland.
Commissioner Sparrow said he agrees with staff and feels the applicant has proven they will comply with
Section 23-2-260 of the Weld County Code.
Meeting adjourned at 2:53 pm.
Respectfully submitted,
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Michelle Wall
Secretary
ATTENDANCE RECORD
NAME
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ADDRESS
EMAIL
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