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HomeMy WebLinkAboutR15-059 High Country Farms LLC Marijuana Cultivation Facility Commissioner V u-1/41 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2015 - O� ` RESOLUTION APPROVING SPECIAL USE PERMIT FOR HIGH COUNTRY FARMS LLC MARIJUANA CULTIVATION FACILITY FILE NO. ZS-5281 WHEREAS, on or about December 16, 2014, the County of Eagle, State of Colorado, accepted for filing an application submitted by High Country Farms, LLC (hereinafter the "Applicant") for the purpose of constructing and operating a Marijuana Cultivation Facility on certain real property(hereinafter the"Property"),located at 1860 Copper Spur Road in the Resource Zone District in the unincorporated area of Eagle County and containing 87.78 acres more or less, and; WHEREAS,the Applicant requested approval of a Special Use Permit(Eagle County File No. ZS-5281) to allow for the construction and operation of a Marijuana Cultivation Facility (hereinafter the"Facility"),inclusive of variations(variation table attached hereto as Exhibit`A')to driveway and access standards for maximum recommended driveway grade, minimum driveway width, and minimum spacing for driveway turn-outs, on the Property, and; WHEREAS,the Facility will consist of an area of up to five(5)acres to be used for outdoor, open air cultivation,along with the use of an existing single-family residential structure for employee housing and storage. Ancillary structures, parking for employees and areas for on-site storage is provided on-site,and all areas associated with marijuana cultivation will be enclosed within an eight (8') foot tall, wildlife compliant fence(site plan attached hereto as Exhibit `B'), 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 April 1, 2005, 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 July 7, 2015, the Eagle County Board of Commissioners (hereinafter the "Board"), conducted a site visit to the Property, and; WHEREAS, at its regular meeting on July 7, 2015, the Board considered the proposed Special Use; variation to improvement standards requests; 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,at its regular meeting on July 7,2015,the Board voted unanimously to approve the Special Use and variation requests,with conditions as listed herein and authorized the Chair to sign on its behalf the foregoing resolution evidencing such approvals, and; NOW, THEREFORE, 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 all standards required for Special Use Review,Marijuana Cultivation,and the granting of variations to improvement standards in the Resource Zone District have been met as required by the Eagle County Land Use Regulations. 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 High Country Farms, LLC Cultivation Facility on the Property, located in the Resource Zone District of unincorporated Eagle County as 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 2. The Applicant shall work with the Eagle County Environmental Health Department to successfully complete the installation and inspection of a new Onsite Wastewater Treatment prior to October 31, 2015. 3. 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. 4. The Special Use Permit shall be subject to annual review for odor impacts and compliance with the other terms and conditions of approval. 5. The County Engineering Department may request specific review of traffic impacts and trip generation rates annually during cultivation license renewal review. 6. 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. 7. 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. 8. 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 as part of any grading permit for irrigation pond construction or maintenance. 9. The Applicant shall provide evidence that final approval has been granted by the United States Bureau of Land Management (BLM) for driveway access across BLM property. Evidence to be provided will include, but not be limited to, easement(s) or right-of-way agreement(s), executed by and between the Owner of the subject property and the BLM. 10. The Applicant shall work with the Eagle County Engineering Department with regard to the implementation of improvements to the existing primary access driveway.Improvements may include,but not be limited to,re-grading to reduce existing grades or widening the driveway surface,and/or enhancing existing vehicle turnouts. A grading permit may be required for any improvements to the existing driveway, and will be required for the new 3 access pathway created for use by ATVs, prior to construction of such improvements. 11. The Applicant shall formally request a Variation to Improvement Standards for any driveway and/or access conditions that cannot adequately be mitigated by approved driveway maintenance and re-grading plans. 12. The Applicant shall maintain the existing driveway as the primary access to the property and for access by emergency responders should they be called to the property. Initial maintenance to be completed prior to operation of the facility shall include the cutting-back of vegetation on the lower part of the driveway to allow clearance for emergency response vehicles and the installation of reflective address markers at the driveway entrance. 13. The Applicant shall incorporate recommendations suggested by the Colorado Parks &Wildlife Department with regard to mitigating potential impacts to wildlife on the subject property into the design and implementation of the Special Use. 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. ###THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK### 4 ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on the If day of J V L.tii , 2015, nunc pro tunc to the 7th day of July, 2015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through the Chair of 46. the BOARD OF COUNTY I TIP% COMMISSIONERS ATTEST: 3 BY: I . r .'R�� BY: gi-e4 Teak J. Simonton Kathy dler-Henry, Chairman Clerk to the Board of County Commissioners Commissioner 10--.'1 seconded approval of the Special Use Permit and associated Variation Requests. The roll having been called, the vote was as follows: Commissioner Kathy Chandler-Henry t Commissioner Jeanne McQueeney 1'1 Commissioner Jillian H. Ryan 4- Approval of the Special Use Permit and associated Variation Requests passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5 S A High Country Farms Variance Summary Varlance ECLUR Applicant Comment Eagle County Staff Comments Standard Driveway Geometry We agree with this variance request for the following reasons: 1)This is an Lowering the grade may result in realignment existing driveway accessing a farm/ranch of the driveway which is difficult because it property with an existing residence. 2) crosses two adjacent properties to traverse The use is no more intense than the past the hillside up to this property. Any work to use. 3)The use is limited to the growing adjust the grade would require significant season. 4) The Eagle County Paramedic disturbance either above of below the Services and Rock Creek Fire both agree 1 Max of 14% Max of 8% that they can serve the property with the driveway to accommodate the new grade existing driveway. This is conditioned on and/or alignment. This would force the choice between scarring the hillside with the agreement that the applicant comply additional cuts which would be massive or with the requested improvements from filling down towards Yarmony Creek, Rock Creek Fire,and the applicant impacting the riparian area. perform maintenance on the road to improve the surface condition and improve the vehicle pullouts to be functional. The driveway varies from 10'-12'. If the entire driveway were widened to standard, that would require significant disturbance 2 10'width 12' width either above of below the driveway to See comment for item 1 accommodate the width. This would force the choice between scarring the hillside with additional cuts or filling down towards Yarmony Creek, impacting the riparian area. 3 Vehicle pullout Every 150 feet There are 3 existing locations that can be See comment for item 1 spacing improved to function as pullouts - EAGLE COUNTY-SPECIAL REVIEW USE APPLICATION Permit for Marijuana Cultivation Facility High Country Farms,LLC 1860 Copper Spur Road Eagle County.Colorado EXHIBIT E Cultivation Site Diagram M/wi AaRta Atmo , r . - ' - Aue55 6141E 4( N .. do": .^. . . . Virtiti Orr .4s.:: ; t-.: -- ,. 7' . t., , ,,..i.•..,,,...,,,,,!..10W* - _/'.14 /4 . . .....: Po A MEMEW .� E ci ... MYs Np ;lF 4�Gt/0 �C fd•':- i ( I • '°"' �'.m_ t mie- an ilgiiSTUDIOS,INC. PG 19 c':;-7