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HomeMy WebLinkAboutMinutes 05/17/2021 PUBLIC HEARING
May 17, 2021
Present: Matt Scherr Chairman
Jeanne McQueeney Commissioner
Chandler-Henry Commissioner
Holly Strablizky Assistant County Attorney
Kathy Scriver Deputy Clerk to the Board
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Planning File - Eagle County Room
1. ZS-8009: RFSCG-1 Cannabis Cultivation Facility
Prepared By: Tez Hawkins, Associate Planner
Department: Community Development
Executive Summary: The Applicant seeks approval for a Special Use Permit to allow for the expansion of an
existing outdoor marijuana cultivation facility by 10.5 acres for a total of 15.5 acres. The expansion also adds eight
(8) 30' x 96' hoop houses within the previously approved outdoor cultivation area.
This is the second public hearing for ZS-8009 and will be focused on finalizing an updated condition 4 based on
feedback provided by the BoCC during the May 10,2021 hearing, BoCC deliberation and action. Public comment
was accepted during the first hearing and then closed.No additional public comment will be considered.
Reviewing Attorney: Holly Strablizky
Chairman Scherr opened public comment and explained that this was a continuation of a planning file,
special use review for ZS-8009,the meeting held on May 10, 2021. He noted that public comment had been
opened and closed at the last meeting but decided to reopen public comment due to changes to Condition 4(four).
Mr. Hawkins stated that an email notification had been sent out to allow for live public comment.
Holly Strablizky,Assistant Eagle County Attorney, stated that a link had been provided to the folks who
spoke during the last hearing. If there were other folks interested in providing public comment,Mr. Hawkins
would provide his email address, and he would provide a link.
Commissioner Chandler-Henry stated that the board had received public comment on the condition via
email.
Morgan Beryl, Eagle County Community Development Direptor, stated that the Ten Peak HOA had
responded to the email sent this morning and were aware of the nevi language in the condition and were aware
that they were able to attend the hearing.
Tez Hawkins, Eagle County Staff Planner, indicated that staff had recommended approval of the proposed
special use as it met all the standards as conditioned. Condition 4(four)was now included with the approval.
The condition addreded the effectiveness of the odor mitigation and future of odor mitigation for the proposed
special use.
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Ms. Strablizky stated that staff proposed a condition that addressed an odor mitigation revision after the
first year of the expansion of the harvest. Staff took direction from the commissioners with regards to having
criteria to be reported and to see some level of continual improvement as mitigation technologies got better.
Scot Hunn,Planner for the applicant, stated that they had no comments.
Commissioner Chandler-Henry believed the condition addressed the board's concerns.
Chairman Scherr opened public comment and mentioned that the board received one email from the Ten
Peaks Mesa HOA. The HOA had concerns with odors from the operation and questioned the mitigation efforts
and wondered what public access to the reports and findings for the mitigation were. They also expressed
concern for future expansions for this and other operations in the area.
Ms. Beryl stated that there were no other folks signed up for public comment.
Chairman Scherr closed public comment.
Commissioner McQueeney appreciated the time that everyone took to try and address the concerns
expressed by the commissioners last week. She believed that the condition addressed her concerns and gave the
neighbors some feeling that they had recourse.
Commissioner Chandler-Henry concurred with Commissioner McQueeney. She believed the applicant
met the standards as conditioned. She thanked the neighborhood for their time and care weighing in on the file.
Chairman Scherr stated that this type of agricultural use was new and presented new issues. He was
satisfied with the mitigation efforts and was prepared to vote in favor of the file.
Commissioner McQueeney moved to approve the file no. ZS-8009 with conditions, incorporating staff's
findings and recommendations.
Chandler-Henry seconded the motion. The vote was unanimous.
EAGle,
/
There being no further business = a - the meeting was adjourned until May 18, 2021.
Attest- cs
°lORpO°
Cl to the Board Chairman
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05/17/2021