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HomeMy WebLinkAboutR14-079 Alexandar Company Marijuana Cultivation Facility Special Use Permit Commissioner h(-4-r" moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2014 01 -I RESOLUTION APPROVING SPECIAL USE PERMIT FOR ALEXANDER COMPANY MARIJUANA CULTIVATION FACILITY FILE NO. ZS-4799 WHEREAS,on or about April 8,2014,the County of Eagle,State of Colorado,accepted for filing an application submitted by Josh and Natalie Alexander of the Alexander Company (hereinafter the"Applicant")for the purpose of constructing and operating a Marijuana Cultivation Facility on certain real property (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-4799) to allow for the construction and operation of a Marijuana Cultivation Facility(the "Facility") on the Property, and; WHEREAS, the Applicant also requested approval of a variation (the "Variation") from Section 4-620.J.I.h.,Dual Access,Eagle County Land Use Regulations(ECLURs),as provided for in Section(s) 5-250.0 — Variations Authorized, and 5-250.D — Basis for Granting Variations, ECLURs, and; WHEREAS,the Facility will consist of 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 of Public 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; WHEREAS, at its public hearing held on July 3, 2014,the Roaring Fork Valley Regional Planning Commission (herein after the "Planning Commission"), based upon its findings, recommend approval of the proposed Special Use(Eagle County File Number ZS-4799)as well as the Variation,with conditions, and; WHEREAS,on July 22,2014,the Eagle County Board of Commissioners(hereinafter the "Board"), conducted a site visit to the Property, and; WHEREAS, at its regular meeting on July 22, 2014, 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: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit IS consistent with the purposes, g oals objectives and policies of the Comprehensive Plan and Future Land Use Map, including standards for building, 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 Particular Residential, Agricultural and Resource Uses, and specifically Section 3-310.F.f., Zone Standards for Marijuana Cultivation, Manufacturing, or testing. 2 (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, odors, glare, and vibration as proposed and conditioned; it CAN avoid adverse impact on surrounding lands regarding noise and traffic as proposed and conditioned, and; it WILL NOT create a nuisance as proposed and conditioned. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts as proposed and conditioned, and it WILL NOT cause significant deterioration of water and air resources,wildlife habitat,scenic,and other natural resources as proposed and conditioned. (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 as proposed and conditioned. (7) Site Development Standards. The proposed Special Use WILL fully comply with all applicable standards in Article 4,Site Development Standards,ECLURs,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. 3. That pursuant to Section(s) 5-250.0 — Variations Authorized, and 5-250.D — Basis for Granting Variations, ECLURs, granting of the Variation is necessary to achieve the following purposes: (6) Public Facilities. The Variation DOES provide incentives for the Applicant to develop public facilities, in this case a pond and ancillary improvements to augment firefighting capacity for the Property and surrounding properties,which WILL provide a public benefit and which WILL meet the demands of residents and visitors to Eagle County. 3 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 Alexander Company Marijuana Cultivation Facility,located in the Resource Zone District,on the Property located in the unincorporated area of Eagle County described herein,and the Variation,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 work with the Colorado Parks & Wildlife Department (CPW),and/or work to address and incorporate all suggested mitigation and management measures provided in a letter from Perry Will. 4. Pursuant to a letter from Chris Green,Ago Studios,dated May 22,2014,and addressed to Greg Schroeder,Eagle County Engineering,the Applicant shall verify completion of improvements such as dry hydrants,and road shoulder extension for emergency vehicle pull-off associated with the Applicant's augmentation pond,prior to completion of inspections by Eagle County and operation of the Facility by the Applicant with the express intent to provide public facilities for firefighting capacity and wildfire mitigation. 5. The Applicant shall successfully apply for and obtain any and all state and local licensing required for the cultivation of marijuana (Optional Premise Center License) for the Facility prior to commencing any cultivation activities. 6. Pursuant to local and state licensing requirements specific to renewal of licensing for cultivation of marijuana 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 of marijuana 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. 4 7. The Applicant shall provide a detailed grading plan, showing existing and proposed grades,as well as proposed limits of disturbance for the site prior to or concurrent with any grading and/or building permit application. 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. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the t(p day of 517T (J — 2014, nunc pro tunc to the 22'd day of July, 2014. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD 04 OGLE ca! OF COUNTY COMMISSIONERS ATTEST: ., IS 2 BY: alik. S • .r BY: Teak J. Simont: EAGLE COUNTY-SPECIAL REVIEW USE APPLICATION EXHIBIT Permit for Marijuana Cultivation Facility THE ALEXANDER COMPANY I „A_______ 420 Upper Cattle Creek Road Carbondale,Colorado EXHIBIT B: DEVELOPMENT PLAN-TRACTS-PLEASANT VALLEY RANCH . __-----/ — 3 z Lila hi tuefootr YAUa' Y ZiAcT tyre../..1-7) 1'f-L._ ,/ . si _DTI - pi. o , f/ ! cs 0 4t --,0 ii / _ _--r-rvrcr If ii 1_6_ -____\* e , 4m--_ ct// ' O µ-e7z`Crc 440 des 0,01 . .•ff / ma •VW \! FX:-" l*; 3# / a 0 Loo o ,ao Zoo _ tsayttic- 41.1. Ii{'.Zoo \\\Ni� O xi.6tweNT fit\ • T 4 1 . lkii_zt yl.l -. 13-1: 1,..4\exave1ers I I /1 JaSTUDIOS,INC. Page I 6 EAGLE COUNTY-SPECIAL REVIEW USE APPLICATION Permit for Marijuana Cultivation Facility THE ALEXANDER COMPANY 420 Upper Cattle Creek Road Carbondale,Colorado EXHIBIT E: SITE DIAGRAM a4 l ,z �b � it ,-rotor irLiktE 111111 • , � o Y 11.I...I ti_ . • N I. 1111011111•1111•1111111 Q j MI 1111111111111011p1111111 111111111111111 -111- • 11•11111111■ MOR 4 • i I 3i... •aus ■. .4 i 5■!■■■ ' .■11111U ■ . • tD AVAYL51- —t 1 F� 1G`ki L T frok.c7 ,.sr +4 :dui x ; ,lY STUDIOS,INC. Page 1 10