HomeMy WebLinkAboutR17-049 Pleasant Valley Marijuana Cultivation Facility • Commissioners. - moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- RESOLUTION APPROVING SPECIAL USE PERMIT FOR PLEASANT VALLEY MARIJUANA CULTIVATION FACILITY FILE NO. ZS-6692 WHEREAS, on or about February 10, 2017, the County of Eagle, State of Colorado, accepted for filing an application submitted by Pleasant Valley Ranch, Inc. (hereinafter the "Applicant") for the purpose of expanding an an existing Marijuana Cultivation Facility to allow for five (5) acres of outdoor grow on certain real property(hereinafter the "Property"), located in the Resource Zone District in the unincorporated area of Eagle County more particularly . described as follows: Tract 4, Pleasant Valley Ranch Subdivision, a 35.46 acre parcel of land situated in portions of Section 4, Township 7 South, Range 87 West of the 6th P.M., Counties of Eagle and Garfield, State of Colorado;and WHEREAS, the Applicant requested approval of a Special Use Permit (Eagle County File No. ZS-6692) to allow for the expansion of an existing Marijuana Cultivation Facility to add five (5) acres of an outdoor grow operation to the existing four (4) greenhouses (hereinafter the "Facility") entirely within the portion of the Property located in Eagle County (the "Special Use'); and WHEREAS, the Facility has already received approval of a Special Use Permit (Eagle County File No. ZS-4799) for up to seven-thousand square feet of cultivation area contained within four (4) greenhouse structures, as well as associated on-site storage, parking areas, security equipment, and certain accessory structures on approximately one-half(.5) acres near the southern portion of the Property;and WHEREAS, notice of the Special Use was given to all proper agencies and departments as required by Section 5-210.E,ECLURs—Notice ofPublic Hearings; and WHEREAS, public notice was posted in a newspaper of general circulation and said notice was sent to all adjacent property owners as required by the Section 5-210.E, —Notice of • Public Hearings, ECLURs;and, Eagle County, CO 201716790 Regina O'Brien 08/30/2017 Pgs: 5 01:26:14 PM REC: $0.00 DOC: $0.00 WHEREAS, at its public, hearing held on May 18, 2017, the Roaring Fork Valley Regional Planning Commission (hereinafter the "Planning Commission"), based upon its findings, recommended approval of the proposed Special Use (Eagle County File Number ZS-6692),with conditions; and WHEREAS, at its regular meeting on June 13, 2017, the Board of County Commissioners (hereinafter "the Board") considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development staff, other interested persons, and the recommendation of the Planning Commission;and WHEREAS, based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Mid-Valley Area Community Plan, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties,the Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That pursuant to ECLURs Section 5-250.B - Standards for the review of a Special Use Permit, all standards required for the Special Use Permit have been met as required by the ECLURs as follows: (1)Consistent with Comprehensive Plan.The proposed Special Use Permit IS consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the Mid-Valley Area Community Plan, including standards for building and structural intensities and densities, and intensities of use. (2)Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in the ECLURs, Section 3-310, Review Standards Applicable to Particrdar Residential, Agricultural and Resource Uses; specifically under Section 3-310.F.f., Zone Standards for Marijuana Cultivation, Manufacturing, or Testing. (4)Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, 2 odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts as proposed and conditioned, and WILL NOT cause significant deterioration of water and air resources,wildlife habitat,scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. The proposed Special Use WILL fully comply with all applicable standards in the ECLURs, Article 4, Site Development Standards as proposed and conditioned. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of the ECLURs for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for the Pleasant Valley Ranch, Inc. Marijuana Cultivation Facility, located in the Resource Zone District, on the Property located in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Any lighting associated with the site shall be downcast in accordance with dark/night-sky compliant lighting standards; specifically,any on-site lighting shall be designed and installed so as not to direct glare onto adjacent properties. 3. The Applicant shall provide a Construction Management Plan with any building or grading permit application that complies with the construction limitations from November 30th to April 1st. 3 4. The Applicant shall address and incorporate all suggested wildlife mitigation and management measures provided in two letters dated March 14, 2017, from Peary Will, Colorado Parks &Wildlife Division. 5. The Applicant shall successfully apply for and obtain any and all state and local licensing required for the cultivation of marijuana (Cultivation License) for the cultivation facility prior to expanding any cultivation activities. 6. Pursuant to local and state licensing requirements specific to renewal of licensing and annual verification of `good standing', the Applicant shall provide a brief report or other evidence to Eagle County Planning Department on an annual basis, demonstrating that the license for cultivation is valid at both the state and local levels, and, therefore,that the special use permit remains in compliance with local regulations as well as applicable conditions of approval for the special use. 7. The Applicant shall provide a detailed grading plan, showing existing and proposed grades, as well as proposed limits of disturbance, drainage and erosion control measures for the site prior to or concurrent with any grading and/or building permit application. 8. The Applicant and/or Owner/Developer shall change the address of the property to 420 Ten Peaks Mesa Road per the referral letter dated March 28, 2017 from Basalt and Rural Fire Protection District. 9. Any future portable bathroom(s) shall be fully screened from the adjacent properties. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT,the Board directs the Planning Department to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 4 • MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the U T(1 day of IAA)04)S j , 2017, nunc pro tunc to the 13th day of June,2017. �Le ca COUNTY OF EAGLE, STATE OF Q<4'' $ 4.. COLORADO, By and Through Its z'„1 .4 BOARD OF COUNTY COMMI SI• ' ' S ATTEST: 0 a t A P5 FU Loah4 By: ��! Clerk to the Board of Ji,%<1 . Rya AF County Commissioners ,r' ' / i I ,i, IF/A',thy Wandler Heiuy II Co i .:.••er r� 4:,ine McQueeney, 'i • nmissioner Commissioner W►d ( j lou r k. .-• seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Ryan 44. Commissioner Chandler-Henry Commissioner McQueeney V-1-,. This resolution passed by U vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5