HomeMy WebLinkAboutR15-031 TNT Botanicals Marijuana Cultivation Facility Special Use Permit T r
Commissioner IMO_QV U au,timoved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2015 - V t I
RESOLUTION APPROVING SPECIAL USE PERMIT
FOR
TNT BOTANICALS MARIJUANA CULTIVATION FACILITY
FILE NO.ZS-5032
WHEREAS, on or about September 10, 2014, the County of Eagle, State of Colorado,
accepted for filing an application submitted by TNT Botanicals(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:
Parcel A,the NE 1/4 of the NE 1/4 of Section 26,Township 6 South,Range 85 West,of the 6th
P.M.;Parcel B,the W1/2 of the NW '/,NW '/, SW '/,and that part of the E 1/2 of the SW'/,
and the SE '/ of the NW '/, of Section 25, Township 6 South, Range 85 West, of the 6th
P.M., and; Parcel C,the NW '/ of Section 36, Township 6 South,Range 85 West, of the 6th
P.M.,containing 393.9 acres of land situated in the County of Eagle, State of Colorado,and;
WHEREAS,the Applicant requested approval of a Special Use Permit(Eagle County File
No. ZS-5230) to allow for the construction and operation of a Marijuana Cultivation Facility
(hereinafter the"Facility") on the Property, and;
WHEREAS,the Facility will consist of up to six(6)new greenhouse structures, each with
approximately 1,200-2,000 square feet, and up to 1,500 square feet of an existing barn and
greenhouse structure located on the Property, for a total of up to 10,000 square feet to be used for
storage,propagation, drying, curing and packaging facilities; an additional area up to two(2)acres
will be used for outdoor, open air cultivation. Greenhouse structures, parking for employees and
areas for on-site storage is provided on site within one and five-tenths(1.5)acres of the Property,and
all areas associated with marijuana cultivation will be enclosed within an eight(8')foot tall,wildlife
compliant fence, 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;
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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 November 19, 2014, the Eagle County Planning
Commission (hereinafter the "Planning Commission"), based upon its findings, recommended
approval of the proposed Special Use(Eagle County File Number ZS-5230), with conditions, and;
WHEREAS,on January 6,2015,the Eagle County Board of Commissioners(hereinafter the
`Board"),ponducted a site visit to the Property, and;
WHEREAS, at its regular meeting on January 6,2015,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, 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, goals, 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.
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(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.
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 TNT Ranch 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
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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 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.
5. 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.
6. 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.
7. The Applicant shall coordinate building permit review with both the Eagle
County Building Division, and the Gypsum Fire Protection District,prior to
submitting building permit plans to Eagle County.
8. The Applicant shall provide an Emergency Response Plan, drafted in
coordination with the Gypsum Fire Protection District,prior to commencing
operation of the facility. Any Emergency Response Plan created for this
special use shall be updated upon any significant or substantial change in
operation(s) of the facility requiring any new special use permit review.
9. The Applicant shall revise the development plans prior to or concurrent with
any building permit application for new greenhouse construction to a)move
any and all new greenhouse or ancillary structures to comply with the
seventy-five (75') foot Live Stream Setback, or the 100-year Floodplain,
whichever is greater, or; apply for and obtain a Finding of No Significant
Impact (FONSI) for a reduced setback from Gypsum Creek of no less than
fifty(50') feet.
T AT, 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.
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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 Zl day of Mitt 1. ,
2015, nunc pro tunc to the 6th day of January, 2015.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
d1 c OF COUNTY COMMISSIONERS
ATTEST: '
BY: (.11. N-,.‘ ,,,---.4., . y* BY:' /111.__.1_. -j t
l,,
Teak J. Simonton Kathy 4 andler-Henry, Chairman .
Clerk to the Board of
County Commissioners y�/�
BY: 11 ' LW-&1\
anne McQueen ,) omm': •• er
BY: - /
Jil`'.1 H. Ryan, Co P "sioner
Commissioner -ffate-,► seconded adoption of the foregoing resolution. The roll having been
called, the vote was as follows:
Commissioner Kathy Chandler-Henry 14-4"""
Commissioner Jeanne McQueeney "
Commissioner Jillian H. Ryan .►Q-L.
This Resolution passed by / 0 vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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