HomeMy WebLinkAboutR16-075 RFSC-G1 LLC. Marijuana Cultivation Facility File No. ZS-6082 Commissioner 644A41-)914 mov adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2016 - 0
RESOLUTION APPROVING SPECIAL USE PERMIT
FOR
RFSC-G1 LLC. MARIJUANA CULTIVATION FACILITY
FILE NO. ZS-6082
WHEREAS, on or about March 15, 2016, the County of Eagle, State of Colorado,
accepted for filing an application submitted by RFSC-G1, 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-6082) to allow for the construction and operation of a Marijuana Cultivation Facility
(hereinafter the "Facility") entirely within the portion of the Property located in Eagle County
(the "Special Use'), and;
WHEREAS, approval of a Special Use Permit for a Marijuana Cultivation Facility on
1.3 acres of the subject Property (Eagle County File No. ZS-4960) inclusive of an approval for 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, was granted via Eagle County
Resolution No. 2015-009 on March 3, 2015, and;
WHEREAS, the Applicant now proposes to add up to five (5) acres of outdoor, open-air
cultivation in addition to all previously approved uses associated with the Facility, and;
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WHEREAS, the Facility will consist of up to two (2) 4,000 square foot greenhouse
structures, up to five (5) acres of outdoor cultivation area, 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 six and
three tenths (6.3) acres of the Property as shown on the site specific development plan(attached
hereto as "Exhibit `A"), 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 June 16, 2016, 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-6082), with conditions, and;
WHEREAS, at its regular meeting on July 19, 2016, the Board of County
Commissioners (hereinafter "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, all standards required for the Special Use Permit have been met as required by
the ECLURs.
3. That pursuant to Section(s) 5-250.0 — Variations Authorized, and 5-250.D — Basi.. for
Granting Variations, ECLURs, Variations have not been requested associated with the
review of Eagle County File No. ZS-6082; however Variations were previously reviewed
and approved via Eagle County Resolution No. 2015-009.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissionets of
the County of Eagle, State of Colorado:
THAT the Special Use Permit application for the RFSC-Gl, LLC. Marijuana 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 meting
shall be adhered to and considered conditions of approval.
2. Any lighting associated with the Facility 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 associated with the Facility.
4. The Applicant shall address and incorporate all suggested wildlife mitigation and
management measures provided in two letters dated August 12, 2014 and May 3,
2016, from Perry Will, Colorado Parks&Wildlife Division.
5. The Applicant shall successfully apply for and obtain any and all state and focal
licensing required for the cultivation of marijuana (hereinafter the "Cultivation
License") for the 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 Cultivation License is valid at both the state and local
levels, and, therefore, that the Special Use Permit remains in compliance with
Eagle County regulations as well as applicable conditions of approval for the
Special Use.
7. Upon annual renewal of the Cultivation License, the Applicant shall provide
Eagle County Marijuana Licensing Authority (the "Authority") with reports
focusing on off-site parking (based on a review of previous licensed terms of
operation as well as forecasting future needed off-site parking for future liclense
terms and based upon the estimated number of seasonal employees tO be
employed at the Facility during planting and harvesting operations that may need
to be shuttled to and from the subject Property). Such plan shall provide
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information related to the anticipated locations and capacities of off-site parking
areas associated with shuttle pick-ups and drop-offs for such seasonal operations,
as well as any agreements secured with public or private property owners
allowing for such off-site, temporary parking uses. Reporting shall also include
any information related to odor complaints associated with the Facility and
mitigation that may have occurred during the previous license term, as well as any
issues related to security at the site.
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 for the site prior to or concurrent with any grading and/or
building permit application associated with the Facility.
9. 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
infrastructure, prior to or concurrent with the application for any building or
grading permits associated with the Facility.
10. The Applicant shall provide an updated landscape plan for the site concurrent
with building permit application associated with the Facility specifically showing
screening for temporary wastewater facilities (porta-lets) to be used withirt the
Facility. Landscape plantings and/or fencing shall be included in any screening
mitigation.
11. The Applicant shall work with the Ten Peaks Mesa Homeowner's Association to
ensure installation of a security gate across and limiting access to Pleasant Valley
Ranch Road/Ten Peaks Mesa Road prior to commencement any cultivation
activities on the Property.
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.
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MOVED, READ AND ADOPTED by the Board of Coun Commissio ers of the County of
Eagle, State of Colorado, at its regular meeting held the / ay of 2016,
nunc pro tune to the 19th day of July, 2016.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its)11% OF COUNTY COMMISSIONERS
ATTEST: rip
BY: �■L�,// BY:� BY ' f
Teak J. Simonton nn: cQu--n'Chai
Clerk to the Board of
County Commissioners BY: ://f1 ., /l / /, /
K. y C dler-Henry, Commissioner
BY: 0,mod`"
Jillian H. Ryan, Commissioner
Commissioner ( ePtieeilseconded adoption of the foregoing resolution. The roll
having been called, the vote was follows:
Commissioner Jeanne McQueeney
Commissioner Kathy Chandler-Henry
Commissioner Jillian H. Ryan
This Resolution passed by `D vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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