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HomeMy WebLinkAboutR15-009 RFSC LLC Marijuana Cultivation Facility Special Use Permit Commissioner moved adoption of the folio ing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2015 - 0 0 RESOLUTION APPROVING SPECIAL USE PERMIT FOR RFSC LLC. MARIJUANA CULTIVATION FACILITY FILE NO. ZS-4960 WHEREAS,on or about June 17,2014,the County of Eagle,State of Colorado,accepted for filing an application submitted by RFSC, LLC. (hereinafter the "Applicant") for the purpose of constructing and operating a Marijuana Cultivation Facility 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 3,Pleasant Valley Ranch Subdivision, a 44-acre parcel of land situated in portions of Sections 4 and 9,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-4960) to allow for the construction and operation of a Marijuana Cultivation Facility (hereinafter the"Facility") entirely within the Eagle County portion of the Property, and; WHEREAS, the Applicant also requested approval of a variation (hereinafter the "Variation") from Section 4-620.J.1.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 two (2) 4,000 square foot greenhouse structures, and up to 6,000 square feet of storage, propagation, drying, curing and packaging facilities, as well as associated on-site storage, parking areas, security equipment, and certain accessory structures on approximately one and three tenths (1.3) acres 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, CLURs, and; WHEREAS,at its public hearing held on October 2,2014,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-4960)as well as the Variation, with conditions, and; WHEREAS,on October 28, 2014,the Eagle County Board of Commissioners(hereinafter the `Board'), conducted a site visit to the Property, and; WHEREAS,at its regular meeting on October 28,2014,the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Communit'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. Th*t 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, goals, objectives and policies of the Comprehensive Plan and Future Land Use Map, including standards for building, densities, and intensities of use. (2)I 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 RFSC,LLC. Cultivation Facility,located in the Resource Zone District, on the Property located in the unincorporated area of Eagle County described jerein, and the Variation, be approved, subject to the following conditions, and that violation•lf any condition shall be the basis for revocation of the Special Use Permit: II 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. 4. 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. 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 commencing 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 shall provide final details regarding pond construction and any dry-hydrants, or other firefighting infrastructure to be provided on the site, along with a schedule of anticipated construction of the pond and firefighting 4 infrastructure,prior to or concurrent with the application for any building or grading permits associated with the cultivation facility. THAT, this Special Use Peimit shall be subject to review as provided for by the ECLURs. THAT,the Board directs the Planning Department to provide a copy ofthis 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 Commissj9niers of the County of Eagle, State of Colorado, at its regular meeting held the 7 day of 2015, nunc pro tunc to the 28th day of October, 2014. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF OUN Y COMMI SIONu RS AT ' BY: I_Lefi4d Clerk to the Board of Kathy e!andler-Henry • County Commissioners Chairman(_a- i Jciine McQueene Coo nn i s nerr Jillif`n H. Ryan C'mmissioner Commissioner C, I econded adoption of the foregoing resolution. The roll having been called, the vote was as f►ilows: Commissioner Chandler-Henry F / Commissioner McQueeney 6IA Commissioner Ryan ♦./ This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5