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HomeMy WebLinkAbout20183074.tiff �Xlil �l°T � � BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION � � RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI Moved by Tom Cope , 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 : USR18-0037 APPLICANT: TAGAWA GREENHOUSES INC , C/O ALEX SELEZNOV, ADVANCED EXTRACTION , LLC PLANNER : CHRIS GATHMAN 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 INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (HEMP PROCES5ING AND WAREHOUSING & DISTRIBUTION OF HEMP PRODUCTS) . LEGAL DESCRIPTION : PART OF THE NW4 (INCLUDING LOTS 57 TO 64) OF SECTION 31 , T1 N , R65W AND SE4SE4/E2SW4SE4 SECTION 25 , T1 N , R66W OF THE 6TH P . M . , WELD COUNTY, COLORADO . LOCATION : NORTH AND SOUTH OF CR 4 AND EAST AND WEST OF CR 37 . be recommended favorably to the Board of County Commissioners 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 Planning Commission f 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. Sectron 22-2-20 . 2A. 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 surroundrng properties is minimal or mitigated and where adequate services and infrastrucfure are currently available or reasonably obtainable . These commerciai and industrial uses shauld be encouraged to locate in areas that minirnize the removal afi 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 fiacility) and na 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 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. 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 patentially 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. RESOLUTION USR18-0037 TAGAWA GREENHOUSES 1(VC, C/O ALEX SELEZNOV,ADVANCED EXTRACTION, LLC PAGE 2 The proposed processing facility is located within an existing greenhouse facility (Tagawa Greenhouse Enterprises, LLC). No new buildings and land disturbance is proposed. Canditions of Approval and C?evelapment Standards will adequately potential impacts generated by this facilify. C. Section 23-2-220.A.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 impact potential impacts to ensure compatibility with existing surrounding land uses. 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 located within the three(3) mile referral area of Brighton, 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 their referral comments, dated May 3, 2018 indicated that they have no concerns. No referral response has been received from the City of Brighton and the Town of Lochbuie. 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 not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airpart Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 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 23-2-220.A.7—There is adequate provisions for the protection of the health, safety, RESOLUTION USR18-0037 TAGAWA GREENHOUSES INC, 0/O ALEX SELEZNOV, ADVANCED EXTRACTION, LLC PAGE 3 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 plat: A. Change of use permits will be required for the buildings associated with the proposed facility. A complete code analysis prepared by a registered design professional shall be submitted with the Change of use permit application(s). (Department of Planning Services - Engineer) B. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0037. (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. Show the approved Municipality of Lochbuie access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 6. The applicant shall show the drainage flow arrows. (Department of Public Works) 7. The map shall delineate the lighting. (Department of Planning Services) 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. (Department of Planning Services) 9. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 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. (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 RESOLUTION USR18-0037 TAGAWA GREENHOUSES INC, O/O ALEX SELEZNOV, ADVANCED EXTRACTION, LLC PAGE 4 additional three (3) month period. (Department of Planning Services) 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 Fl PS 0501 (US Feet)....etc.). This digital file may be sent to maps(cr�co.weld.co.us. (Department of Planning Services) 5. 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 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) Motion seconded by Bruce Johnson. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Richard Beck Elijah Hatch Against Passage Absent Gene Stille Lonnie Ford 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, Kristine Ranslem, 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 September 18, 2018. Dated the 18th of September, 2018 Kristine Ranslem Secretary RESOLUTION USR1$-0037 TAGAWA GREENHOUSES INC, C/O ALEX SELEZNOV,ADVANCED EXTRACTION, LLC PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Advanced Extraction, LLC USR18-0037 , 1. A Site-Specific Development Plan and Use by Special Review Permit, USR18-0037,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. (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 6:00 a.m. —7:00 p.m. Monday—Sunday. (Department of Planning Services) 4. The number of full-time on-site employees associated with the Hemp Processing operation shall be twenty-four(24). (Department of Planning Services) 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, T1N, R65W of the 6th PM). (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) 9. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 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, Section 30-20-100.5, C.R.S. (Qepartment of Public Health and Environment) 11. 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, Arthcle 1 of the Weld County Code. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 14. 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) RESOLUTION USR18-0037 TAGAWA GREENHOUSES INC, C/O ALEX SELEZNOV, ADVANCED EXTRACTION, LLC PAGE 6 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 Hea�th 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. (De�artment of Public Health and Environment) 16. Adequate drinking, hand washing 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 19. 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) 20. The property owner shall control noxious weeds on the site. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site wiil be maintained. (Department of Planning Services- Engineer) 22. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey. (Planning and Engineering) 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. (Department of Planning Services - Engineer) 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. (Department of Planning Services) 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 Inspectian. (Department of Building 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. RESOLUTION USR18-0037 TAGAWA GREENHOUSES INC, C/O ALEX SELEZNOV,ADVANCED EXTRACTION, LLC PAGE 7 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 Gommissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Pianning Services. 29. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 31. The property owner or operator shall be responsible for complying with all ofi 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) 32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld Caunty 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 depo�its; 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. 33. WELD COUNTY'S RIGHT TO FARM: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 RESOLUTION USR18-0037 TAGAWA GREENHOUSES INC, C/O ALEX SELEZNOV,ADVANCED EXTRACTION, LLC PAGE 8 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 Counry, 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 protectan is usually provided by volunteers w1�o 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 liv�elihood. � C Y`�li Y1 � �� S � � 1 � � I � �j EXHIBIT � SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING � q� LJ Tuesday , September 18 , 2018 � 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: Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck, Tom Cope . Absent: Gene Stille and Lonnie Ford . Also Present: Kim Ogle, Chris Gathman , Diana Aungst , Department of Planning Services; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney, and Kris Ranslem , Secretary. CASE NUMBER: USR18-0037 APPLICANT: TAGAWA GREENHOUSES INC , C/O ALEX SELEZNOV, ADVANCED EXTRACTION , LLC PLANNER: CHRIS GATHMAN 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 INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (HEMP PROCESSING AND WAREHOUSING & DISTRIBUTION OF HEMP PRODUCTS) . LEGAL DESCRIPTION : PART OF THE NW4 ( INCLUDING LOTS 57 TO 64) OF SECTION 31 , T1 N , R65W AND SE4SE4/E2SW4SE4 SECTION 25, T1N , R66W OF THE 6TH P . M . , WELD COUNTY , COLORADO . LOCATION : NORTH AND SOUTH OF CR 4 AND EAST AND WEST OF CR 37 . Chris Gathman , Planning Services , presented Case USR18-0037 , reading the recommendation and comments into the record . Mr. Gathman noted that Staff has discovered that the southeast parcel of this USR is located within the boundaries of an old subdivision that was platted in the 1990' s . He added that per the use classification they had originally identified it as a commercial and industrial use for Use by Special Review Permit; however, that type of classification is not allowed within a platted subdivision . Therefore , they had to reclassify the application to call it out as a use that is similar with the general intent of other Uses by Special Review in the Agricultural Zone District. Mr. Gathman said that one ( 1 ) email was received this morning outlining concerns of smell accrued by the plants in processing and that the facility would hurt surrounding businesses . Staff verified that this property owner is located north of County Road 6 . The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards . Evan Pinkham , 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 , odor, and the Waste Handling Plan . Commissioner Sparrow asked how odor is monitored . Ms . Light stated that if a complaint is received in their office , there is a certified staff inember who takes readings with a nasal ranger device . Commissioner Johnson inquired on what this use needs water for. Mr. Gathman said that it is a commercial use and added that Staff ensures that there is a commercial well permit for this use , of which the applicant does have . He deterred the question to the applicant on how much water is being used for the processing . Alex Seleznov , 4743 Carmichael Court , Brighton , Colorado , stated that he works for the Tagawa family in the Tagawa greenhouse operation which has been operating in that location for 50 years . He added that in 2015 they started growing and processing hemp . 1 Commissioner Johnson asked what the water is being used for in the process. Mr. Seleznov said that water is being used for general hygiene, restrooms and in the general use of business operations. He added that there is no heavy usage of water for the processing of hemp. Comrrrissioner Sparrow asked if the State inspects the facility to ensure that nothing else is grown. Mr. Seleznov said that they are regulated under the Department of Agriculture and the hemp must remain below 0.3 THC. Mr. Sparrow asked what products are marketed. Mr. Seleznov replied that there are various products that range from t-shirts, capsules, hemp tea and all types of food products. Commissioner Sparrow asked what odor is produced. Mr. Seleznov said that the odor is very minor. He added that they have multiple filters and air cleaning devices within the facility, both to protect the employees as well as to vet any smell that any exhaust might come out and prevent smell from occurring. He said that the actual processing portion is on the northeast portion of the property and added that they have not received any complaints from the neighbors. Mr. Seleznov said that the only odor that would be released would be during the growth phase, particularly the flowering phase of the plants. 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 USR18-0037 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's rec�ommendation of approval, Moved by Tom Cope, citing Section 2�-2-220.A.1 which is consistent with the agricultural use, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (suranmary: Yes =6). Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope. Commissioner Hatch stated that it is consistent with agricultural use and cited Section 23-2-220.A.1. Commissioner Johnson stated that it also complies with Section 23-2-220.A.2. Commissioner Wailes agreed with Section 23-2-220.A.2 that it is consistent with the agricultural zone district. Meeting adjourned at 3:41 pm. Respectfully submitted, . �� � Kristine Ranslem Secretary 2 �C h� � � � �-eS og �� � � ; g SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday , August 7 , 2018 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 Vice Chair, Gene Stille, at 12 : 30 pm . Roll Call . Present: Bruce Johnson , Bruce Sparrow, Gene Stille , Lonnie Ford , Michael Wailes , Richard Beck , Elijah Hatch . Absent : Tom Cope, David Stahl , Sr. Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Angela Snyder, Department of Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney , and Kris Ranslem , Secretary . CASE NUMBER: USR18-0037 APPLICANT: TAGAWA GREENHOUSES INC , C/O ALEX SELEZNOV, ADVANCED EXTRACTION , LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS ( HEMP PROCESSING BUSINESS) , PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS . LEGAL DESCRIPTION : PART OF THE NW4 ( INCLUDING LOTS 57 TO 64) OF SECTION 31 , T1 N , R65W AND SE4SE4/E2SW4SE4 SECTION 25 , T1 N , R66W OF THE 6TH P . M . , WELD COUNTY, COLORADO . LOCATION : NORTH AND SOUTH OF CR 4 AND EAST AND WEST OF CR 37 . Chris Gathman , Planning Services , requested continuance of this case to the September 18 , 2018 Planning Commission Hearing . Mr. Gathman stated that one of the parcels is in part of an old subdivision from 1909 and the issue is that it was originally noticed as a Use by Right, an Accessory Use and Use by Special Review in the Commercial or Industrial Zone Districts . In those instances , you cannot have that use classification in a platted subdivision . Therefore , Staff is requesting a continuance to renotice under a different use classification . The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application . No one wished to speak. Motion : Continue USR18-0037 to the September 18 , 2018 Planning Commission hearing , Moved by Bruce Johnson , Seconded by Elijah Hatch . Vote : Motion carried by unanimous roll call vote (summary : Yes = 7) . Yes : Bruce Johnson , Bruce Sparrow, Gene Stille , Lonnie Ford , Michael Wailes , Richard Beck, Elijah Hatch . Meeting adjourned at 2 : 08 pm . Respectfully submitted , ���.. ��.�.��.. 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