HomeMy WebLinkAbout20192633.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: June 4, 2019
Case Number: USR19-0015
Applicant: H2S2 LLC
Representative: Shannon Toomey, AGPROfessionals, 3050 67'" Avenue, Greeley, CO 80634
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 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
Legal Lot A, RECX17-0186 being part of the S2NE4 Section 32, Township 7 North, Range
Description: 64 West of the 6'" P.M., County of Weld, State of Colorado
Location: West of and adjacent to County Road 53; approximately 0.5 miles north of County
Road 74
Size of Parcel: +1- 9.5 acres Parcel No. 0711-32-1-00-005 and 0711-32-1-00-006
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
y State of Colorado, Division of Water Resources, referral dated March 1, 2019
y Weld County Department of Public Health and Environment, referral dated March 12, 2019
y Weld County Department of Public Works, referral dated March 26, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y° Y' Y° Y° Y'
Weld School District RE -2, Eaton, referral dated February 14, 2019
Colorado Department of Transportation, referral dated February 15, 2019
Weld County Zoning Compliance, referral dated February 27, 2019
Weld County Sheriff's Office, referral dated March 8, 2019
West Greeley Conservation District, referral dated March 11, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Colorado Parks and Wildlife
Galeton Fire Protection District
Weld County Building Inspection
North Weld County Water District
Colorado Department of Agriculture
Weld County Office of Emergency Management
USR19-0015 — Colorado Cultivars, LLC
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: June 4, 2019
Case Number: USR19-0015
Applicant: H2S2 LLC
Representative: Shannon Toomey, AGPROfessionals, 3050 67'" Avenue, Greeley, CO 80634
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 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
Legal Lot A, RECX17-0186 being part of the S2NE4 Section 32, Township 7 North, Range
Description: 64 West of the 6'" P.M., County of Weld, State of Colorado
Location: West of and adjacent to County Road 53; approximately 0.5 miles north of County
Road 74
Size of Parcel: +1- 9.5 acres Parcel No. 0711-32-1-00-005 and 0711-32-1-00-006
Case Summary:
H2S2, LLC dba Colorado Cultivars USA, LLC (Colorado Cultivars), is requesting a permit to allow for
processing of industrial hemp on their site from raw materials grown on -site and off -site by growers under
contract with Colorado Cultivars. This site may also be used to process hemp for non-affiliated growers.
The hemp grown by Colorado Cultivars is a hybrid variety grown for both high cannabidiol (CBD) content
and seed production. The hemp plants are tested for THC and CBD content throughout the growing season
and are harvested between September and November using a modified combine. The combine separates
the harvested plant material into seed, flower, and stalks. The stalks are not used for processing and are
returned to the field. The separated seed, which can be used in food products such as hemp protein and
hemp seed oil, is also not processed on site.
The harvested and separated flower is either processed immediately or stored in bales, similar to silage
bales, for later processing. The plant material is tested again for CBD content prior to processing. The flower
is sent through a dryer, which reduces the moisture content from 50-60% to around 10%. After drying, the
plant material is mixed with ethanol, which acts as a solvent to extract cannabinoids and terpenes from the
plant material. The mix of plant material and ethanol is then sent through a centrifuge to separate solids
and unwanted components from the desired extract. After centrifugation, the ethanol is recovered through
evaporation and condensation, leaving a crude oil containing cannabinoids and terpenes. This crude oil is
packaged in 5 -gallon buckets and is sent off site for further processing. Small amounts of the crude oil will
be distilled on -site for research and development purposes, but distillation will not take place at a
commercial scale.
Storage of ethanol, glycol refrigerants, and propane will take place on -site for use in the extraction process.
Baled flower will also be stored on site as it awaits processing. Other items stored on -site include general
farming equipment.
As all industrial hemp growers are required to register with the Colorado Department of Agriculture,
Colorado Cultivars will follow all applicable regulations for maintaining their hemp registration with the state,
including necessary record keeping, reporting and testing.
USR19-0015 — Colorado Cultivars, LLC
Page 2
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 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.
USR19-0015 — Colorado Cultivars, LLC
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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.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
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
USR19-0015 — Colorado Cultivars, LLC
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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)
F. 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)
I. 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)
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
USR19-0015 — Colorado Cultivars, LLC
Page 5
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 $50.00 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)
6. 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)
7. 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)
USR19-0015 — Colorado Cultivars, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H2S2, LLC
USR19-0015
1. 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)
USR19-0015 — Colorado Cultivars, LLC
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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)
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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.
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 maybe 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.
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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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April 30, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
TOOMEY SHANNON
3050 67TH AVE
GREELEY, CO 80634
Subject: USR19-0015 - 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 complies with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage
and Distribution of extracted raw oil).
On parcel(s) of land described as:
PART OF LOT A REC EXEMPT RECX17-0186, S2NE4 SECTION 32, T7N, R64W of the 6th P.M., Weld
County, Colorado.
PART OF LOT A REC EXEMPT RECX17-0186, S2NE4 SECTION 32, T7N, R64W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 10, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
February 12, 2019
TOOMEY SHANNON
3050 67TH AVE
GREELEY, CO 80634
Subject: USR19-0015 - 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 complies with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage
and Distribution of extracted raw oil).
On parcel(s) of land described as:
PART LOTA RECX17-0186; S2NE4 SECTION 32, T7N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK- USR?9-00'15
Inspection Date: May 23, 2019
Applicant:
Representative:
Request:
Legal
Description:
Location:
H2S2 LLC
Shannon Toomey, AGPROfessionals, 3050 67th Avenue, Greeley, CO 80634
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 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
Lot A, RECX17-0186 being part of the S2NE4 Section 32, Township 7 North, Range
64 West of the 6th P.M., County of Weld, State of Colorado
West of and adjacent to County Road 53; approximately 0.5 miles north of County
Road 74
Zoning
Land Use
N
AGRICULTURE
_
N
Production agriculture flood irrigated field
E
AGRICULTURE
E
Production agriculture rural residences
S
AGRICULTURE
S
Production agriculture center pivot
W
AGRICULTURE
W
Production agriculture appears to be flood irrigated field
Comments:
The property is located off County Road 53 an all-weather road is and accessed via a well graveled and
graded farm access road. There is not a residence on the property. There is a single family residence
located directly south of the access drive. The drive curls around this property adjacent to north property
line then heading south adjacent to the west property line.
Small tracts of land are present in each direction and per property research were created via the recorded
exemption land use process. Mason View Estates subdivision is approximately a quarter of a mile as the
crow flies to the south east
Lands to the north, west, and south either have a center pivot or are flood irrigated. Lands to the east are
predominately in large tract residential with smaller tracts of land in agriculture production or livestock
grazing
The property has a steel framed building being erected on site to compliment the existing metal skinned
building with two roll up doors on the south end of the structure. There is a single family residence
located in the middle of the property. Near the new construction. Numerous enclosed trailers are parked
on the property without the tractor component present from the County Road. There are also numerous
conex containers of various color on the property. Three hoop buildings are existing and are in the
general area of the existing and under construction buildings. Access to the property is via a road located
north of the nearest residence as referenced previously. This road is compacted soil, visual inspection
identifie i.pa gravel present.
Signaturi
Existing Conditions
�r/House(s)
Outbuilding(s)
Access to Property
Li Crop Productions
Site Distance
Conex Containers(s)
Enclosed Trailers - Multiple
❑ Water Bodies
n Ditch
/Derelict Vehicles — Unknown Possible
n Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
❑ Crops
❑ Wetlands
❑ Oil & Gas Structures
❑ Wildlife
❑ Utilities On -Site (transmission lines)
Topography Slopes to south and west
Note any commercial business/commercial vehicles that are operating from the site.
Hello