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Home My WebLink About20183086.tiffHEARING CERTIFICATION DOCKET NO. 2018-97 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0037, FOR PROCESSING AND USE SIMILAR TO USES BY SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT AS LONG AS THE USE COMPLIES WITH THE INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (HEMP PROCESSING AND WAREHOUSING AND DISTRIBUTION OF HEMP PRODUCTS) IN THE A (AGRICULTURAL) ZONE DISTRICT - TAGAWA GREENHOUSES, INC., C/O ALEX SELEZNOV, ADVANCED EXTRACTION, INC. A public hearing was conducted on October 10, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Chris Gathman Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: El I hereby certify that pursuant to a notice dated August 30, 2018, and duly published September 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Tagawa Greenhouses, Inc., c/o Alex Seleznov Advanced Extraction, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR18-0037, for processing and Use similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use complies with the intent of the A (Agricultural) Zone District (hemp processing and warehousing and distribution of hemp products) in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. ki Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and clarified in order to correct the current violation the applicant is proposing to grow, extract, and process to produce hemp products onsite. He indicated the site is located on two (2) parcels, and stated the northwest building will be used for a processing and manufacturing laboratory. He mentioned the southwest building will be used for growing, warehousing and shipping, reviewed the number of employees and daily vehicle trips, and displayed images of the site. He clarified one (1) Use by Special Review (USR) can permit two (2) parcels that only connect at one (1) point as confirmed by the County Attorney. Mr. Gathman stated the site is permitted as similar to a USR in the Agricultural category. He indicated the application was submitted in response to an active zoning violation, CZV17-00355, for a hemp processing business without proper permits. He stated the applicant held a meeting with the surrounding property owners (SPO) in January, and received no correspondence prior to Planning Commission (PC). He indicated one (1) email was received cc:PLC TP/CC,).PwcEP), EHC8F) Ili co(l$ 2018-3086 PL2584 HEARING CERTIFICATION - TAGAWA GREENHOUSES, INC., C/O ALEX SELEZNOV, ADVANCED EXTRACTION, INC. (USR18-0037) PAGE 2 from a SPO on the day of PC Hearing; however, no neighbors were in attendance at PC. Mr. Gathman indicated both parcels are located within the three (3) mile referral area of the Towns of Hudson and Lochbuie and the City of Brighton. He stated both sites are located adjacent to the municipal boundary of the Town of Lochbuie, and are not located within the Intergovernmental Agreement Area boundary. Mr. Gathman indicated the Town of Hudson returned a referral with no concerns, and the Town of Lochbuie and the City of Brighton had no concerns. He mentioned 16 referrals were sent out, and eight (8) were returned without comments, or with comments that were considered in the staff recommendation. He presented and described images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. • Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the site accesses onto County Roads (CR) 34 and 37, which are under the jurisdiction of the Town of Lochbuie. He reviewed the haul routes, stated Public Works is not requiring an Improvements Agreement, and indicated the site meets an exception for drainage. He presented the drainage and grading requirements. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated there are several individual wells which are permitted for a commercial greenhouse with domestic and irrigation uses. He indicated the business shall adhere to the Division of Water Resource requirements for well usage. Mr. Frissell stated there is a commercial septic system sized for 30 people. He mentioned the application indicated there are not significant odors during processing; however, there is a Development Standard (DS) to mitigate potential odors. A waste handling company collects the waste, and all excess water will be contained in a water -tight vault and disposed of properly. He stated DS #9-19 address Environmental Health items. la In response to Commissioner Conway regarding State hemp regulations, Mr. Frissell indicated the applicant can further answer the question. • Mr. Haug stated his understanding of hemp regulations under the Department of Agriculture. • Alex Seleznov, Applicant, stated they have been in business since 2015, after the Colorado Department of Agriculture (CDA) set up the program allowing hemp to be grown in Colorado. He indicated they have had and passed, a CDA inspection every year since operations began. In response to Commissioner Kirkmeyer, Mr. Seleznov stated prior to 2015, he worked for the Tagawa Greenhouses. In response to Chair Moreno, Mr. Seleznov stated there are 35 to 40 full-time employees. In response to Commissioner Conway regarding the hemp use, Mr. Seleznov explained it is for dietary supplement use, and the extraction method used is Ethanol. al No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Seleznov indicated he had reviewed the Conditions of Approval and Development Standards. 2018-3086 PL2584 HEARING CERTIFICATION - TAGAWA GREENHOUSES, INC., C/O ALEX SELEZNOV, ADVANCED EXTRACTION, INC. (USR18-0037) PAGE 3 • Commissioner Conway requested clarification on the number of employees, and Mr. Seleznov stated there are only ten (10) full-time employees associated with the hemp processing. In response to Commissioner Cozad, Mr. Gathman explained the Health Department is requesting a Change of Use permit to incorporate the hemp processing component. In response to Commissioner Cozad, Mr. Seleznov clarified the hemp processing only occurs in one (1) building. Commissioner Cozad requested a language change to Condition of Approval (COA) #1.A to be more specific, staff proposed the first sentence read: "Change of Use Permits will be required for the building associated with the hemp processing facility," and the Board agreed to the change. 12 In response to Commissioner Kirkmeyer, Mr. Seleznov stated the hours of operations apply to the entire operation. Commissioner Kirkmeyer proposed modifying Development Standard (DS) #3 to make the hours of operation specific to the hemp processing facilities, and she requested adding "existing" to DS #6 regarding the parking area. The Board agreed. IR Commissioner Conway confirmed with the applicant that the hours of operation are correct. • In response to Chair Moreno, Mr. Seleznov indicated he had reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. • Commissioner Conway moved to approve the request of Tagawa Greenhouses, Inc., c/o Alex Seleznov, Advanced Extraction, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR18-0037, for processing and Use similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use complies with the intent of the A (Agricultural) Zone District (hemp processing and warehousing and distribution of hemp products) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Cozad. Commissioner Kirkmeyer added to the motion to include the amendments as agreed upon, and it carried unanimously. Commissioner Cozad stated hemp is in the future of Weld County and indicated her opinion that hemp is considered agriculture. She mentioned Mr. Seleznov must jump through additional hoops and stated appreciation for the applicant being present. In response to Commissioner Kirkmeyer, Mr. Seleznov clarified the appearance and scent of the hemp. Chair Moreno thanked the applicant for being present. There being no further discussion, the hearing was completed at 10:26 a.m. 2018-3086 PL2584 HEARING CERTIFICATION - TAGAWA GREENHOUSES, INC., C/O ALEX SELEZNOV, ADVANCED EXTRACTION, INC. (USR18-0037) PAGE 4 This Certification was approved on the 15th day of October, 2018. BOARD OF COUNTY COMMISSIONERS WELD,COUNTY, COLORADO ATTEST: dathAj G� •=l':cc Weld County Clerk to the Board BY: APP VED A ounty Attorney Date of signature: II 1 S / l�f Steve Moreno, Chair rbara Kirkmeyer, ro-Tem Sean P. C. nway ike Freeman I 2018-3086 PL2584 ATTENDANCE LIST 11) ) D j1 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? Wit'' L r ;;'1::` �')"i'20'1 ('� 5C)) % (7 / 2�/,r./) Sf,6'J'i/c'C/GmgA( 61a' "lurrse. I'iGr (p z:__ 'Pt' / slgcU3G 11z47'14NUt' c05r a_04,Z,;/.oelt,.�!n%1.4'0'1 ' Y :r). -PC',. L i _5 1 f' 1 45 VP 3 k 1 ii 11, CO3) \or- \o 1 'Cc ini l , con-, uo � 4 y Ly e( • ` vr: c_, X068 Cl'rc, , Pi i le, 60 xhyt, r a© (ccn. 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