HomeMy WebLinkAbout20183073.tiffRESOLUTION
RE: APPROVE 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.
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
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tagawa Greenhouses, Inc., 17999 CR 4, Brighton, CO 80603, c/o Alex
Seleznov, Advanced Extraction, Inc., 18072 CR 4, Brighton, CO 80603, 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, on the following described real
estate, being more particularly described as follows:
Part of the NW1/4 (including Lots 57 to 64) of
Section 31, Township 1 North, Range 65 West, and
the SE1/4 SE1/4, E1/2 SW1/4 SE1/4 of Section 25,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant, Alex Seleznov, was present 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.B 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.
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SPECIAL REVIEW PERMIT (USR18-0037) - TAGAWA GREENHOUSES, INC., C/O ALEX
SELEZNOV, ADVANCED EXTRACTION, INC.
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1) Section 22-2-20.6.2 (A. Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." The proposed use (processing of
hemp) is an agricultural related use. Hemp is an agricultural
product. Additionally, the processing facility is located within an
existing agricultural facility (greenhouse facility) and no additional
agricultural land will be removed from production. The proposed
use is in an area that can support this development 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. The proposed use (hemp processing)
requires a Use by Special Review Permit 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. The proposed processing facility is located within
an existing greenhouse facility (Tagawa Greenhouse Enterprises, LLC). No
new buildings or land disturbance is proposed. Conditions of Approval and
Development Standards will adequately mitigate potential impacts
generated by this facility.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed hemp processing
facility is located within an existing greenhouse facility located on the
northwest and southeast corner of the County Road 4/County Road 37
intersection. The northwest parcel is bordered by an existing residential
subdivision to the south, a platted (though not yet developed) residential
subdivision to the north and west, and a single-family residence and
agricultural farmland to the east. The southeast parcel is bordered by an
existing single-family residential subdivision to the west and agricultural
land (cropland) to the north, south and east. No phone calls or
correspondence has been received from surrounding property owners in
regard to this case. Conditions of Approval and Development Standards
associated with this case will adequately mitigate potential impacts to
ensure compatibility with existing surrounding land uses.
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D. Section 23-2-230.6.4 -- 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 located within the three (3) mile referral area of
the City of Brighton, and the Towns of Hudson and Lochbuie. Both
properties are located adjacent to the municipal boundaries of the Town of
Lochbuie. It is not located within any existing Intergovernmental Agreement
Area (IGA) of a municipality. The Town of Hudson, in the referral
comments, dated May 3, 2018, indicated no concerns. No referral
response has been received from the City of Brighton or the Town of
Lochbuie.
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 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, the
County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 116.2 acres
delineated as "Prime" and "Irrigated (Not Prime)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
entirety of the northern parcel is "Prime" and the southern parcel is "Prime"
with approximately 30% delineated as "Irrigated (Not Prime)" along the
eastern portion of the southern parcel. The proposed hemp processing
facility will be located in existing structures and will utilize existing parking
areas. No additional land will be developed or disturbed.
G. Section 23-2-230.B.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 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, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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1. Prior to recording the plat:
A. Change of Use Permits will be required for the building associated with the
hemp processing facility. A complete code analysis prepared by a
registered design professional shall be submitted with the Change of Use
Permit application(s).
B. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0037.
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 on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The applicant shall show the approved Municipality of Lochbuie
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
6) The applicant shall show the drainage flow arrows.
7) The map shall delineate the lighting.
8) 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.
9) The applicant shall show and label all recorded easements on the
map by book and page number, or reception number and date, on
the site plan.
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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dayfal) jeitD;K.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Steve Moreno, Chair
Date of signature: 11(S/ 18'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TAGAWA GREENHOUSES, INC.,
C/O ALEX SELEZNOV, ADVANCED EXTRACTION, INC.
USR18-0037
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0037, is
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 and warehousing and distribution of hemp products), 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 hours of operation for the hemp processing facility are 6:00 a.m. - 7:00 p.m., Monday
— Sunday.
4. The number of full-time on -site employees associated with the hemp processing operation
shall be twenty-four (24).
5. No processing of hemp and/or manufacturing of hemp products shall occur on the portion
of the USR located south of County Road 4 and east of County Road 37 (Section 31, Ti N,
R65W of the 6th PM).
6. The existing parking area on the site shall be maintained.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
15. 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.
16. Adequate drinking, handwashing and toilet facilities shall be provided 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.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
In the event the facility's water system serves more 25 persons on a daily basis, the water
system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). If not subject to these requirements, the Weld County Department of
Public Health and Environment strongly encourages well users to test their drinking water
prior to consumption and periodically thereafter.
18. Process wastewater shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. This property lies within a known Geologic Hazard Area, as defined by the Colorado
Geological Survey.
23. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
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24. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. 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.
25. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time 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.
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. 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.
31. 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.
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
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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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