HomeMy WebLinkAboutR21-071 Approval of the Special Use Permit for the RFSCG-1 Cannabis Cultivation Facility Eagle County, CO 202125962
DocuSign Envelope ID:D26B7EC4-E29C-44F5-81B6-25AF35B8534A Regina O'Brien 11/18/2021
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• Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2021-071
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR THE RFSCG-1 CANNABIS CULTIVATION FACILITY
Eagle County File No. ZS-11-18-8009
WHEREAS, on or about November 2018, the County of Eagle, State of Colorado,
accepted for filing an application submitted by RFSCG-1, LLC, in care of Rob Holmes, (the
"Applicant") for approval of a special use permit for the RFSCG-1 Cannabis Cultivation
Facility, located at 100 Ten Peaks Mesa Road, parcel number 239104401002, and legally
described as Tract 3, Pleasant Valley Ranch, according to the plat in Eagle County on April
• 22, 2003 As Reception No. 830853 and The Plat In Garfield County On April 22, 2003 As
Reception No. 625692 (the "Property"); and
WHEREAS, the Property was approved for a special use permit for a 4,000 square feet of
marijuana cultivation area and 6,000 square feet of buildings designated for marijuana
processing under special use application number ZS-4960 and resolution number
2015-009; and
WHEREAS, the Property was approved for a subsequent special use permit to allow for
two 4,000 square foot greenhouses structures, five acres of outdoor marijuana cultivation
area and up to 6,000 square feet of marijuana processing buildings.The special use permit
was approved under file number ZS-6082 and resolution number 2016-075; and
WHEREAS, the proposed special use permit application expands the outdoor marijuana
cultivation from five acres to 15.5 acres of outdoor marijuana cultivation. The uses of the
prior special use permit approvals are continued allowances including two 4,000 square
foot greenhouses and up to 6,000 square feet of marijuana processing barn structures.The
proposed special use permit also features 12 hoop houses used for propagation and
germination of marijuana plants (the "Special Use); and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR5"),
Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application
was mailed to all owners of property adjacent to the proposed Special Use and was duly
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published in a newspaper of general circulation throughout the County concerning the •
subject matter of the application and setting forth the dates and times of meetings for
consideration of the applications by the Roaring Fork Valley Regional Planning
Commission (the "Planning Commission") and the Board of County Commissioners of the
County of Eagle (the "Board"),and;
WHEREAS, at its public hearing held on April 1, 2021, the Planning Commission,
based upon its findings, recommended approval with conditions of the proposed Special
Use,and;
WHEREAS, at its regular public hearings of May 10, 2021 and May 17, 2021, the
Board considered the proposed Special Use;associated plans;the statements and concerns
of the Applicant, the Eagle County Community Development and Engineering staff, and
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 Future Land Use Map
(the "FLUM") for Eagle County, as well as the comments of the Eagle County Department of
Community Development, comments of public officials and agencies, 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 the
•
ECLUR and state law for the hearings before the Planning Commission and the Board.
2. THAT, the application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B -Standards for Special Use,as set forth below:
A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the
Special Use, as conditioned, is in substantial conformance with the policies of the
2005 Eagle County Comprehensive Plan (the "ECCP") and Mid-Valley Area Plan.The
Special Use meets ECCP goals related to General Development, Water Resources,
Wildlife Resources, and Environmental Quality. Considering the policies laid out in
the Mid-Valley Area Plan, specific to the Missouri Heights Character Area, this
Special Use exemplifies many of the overarching strategies focusing on the
preservation of agricultural uses,compatibility of uses within an area,preservation
of natural resources and rural character, protection/preservation of the wildlife
habitat and the vitality of wildlife population. The Special Use also adheres to the
Future Land Use Map (the "FLUM") designation and prescribed uses of the
Mid-Valley Area Plan.The Property is designated as Rural Agricultural on the FLUM.
The Rural Agricultural land use designation is described as lands where agriculture
and low density residential uses exist or would be appropriate. The Proposed
Special Use falls under this designation as it is an agricultural operation.
Thus, the Special Use is in substantial conformance with applicable policies within
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• the ECCP and the Mid-Valley Area Plan, and it is also in conformance with the
designations and prescribed Uses of the FLUM.
B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use is compatible with
surrounding land uses which include large hay field areas, a pumice mine, two
residential units, and a cattle ranch. These uses are all consistent with permitted
uses in the zone district and are consistent with the Special Use on the Property.
Residential property owners to ated in the vicinity voiced concerns related visual
impacts and odor impacts, and therefore, conditions one,two,and four are a part of
the Special Use approval. Thus, as conditioned, the Special Use will be generally
compatible with the existing and currently permissible future uses of adjacent land
and other substantially impacted land,services, or infrastructure improvements.
C. Zone District Standards. Pursuant to Section 5-250.B.3.Ff, the Special Use meets
the Zone District standards set forth for Marijuana Cultivation, Manufacturing or
Testing in the Resource zone district. These standards include: separation
requirements, lot size,parking and storage,signs and illumination,sales,screening,
scale,adequate water,wildfire hazard, access,and security.
The Proposed Special Use meets separation requirements in that it is not located
within 200 feet of an adjacent property's dwelling unit; drug or alcohol
rehabilitation facility; public community center or publicly owned or maintained
• building or facility open for use to the general public; public school or private
school; public park, playground, boat ramp, or other similar recreational amenity
open to the public; or any licensed child care facility. The Special Use addresses
parking requirements for the additional staff and vehicles associated with the
expanded use.The Special Use does not conduct any on site sales.
Addressing signage and illumination, no signage is proposed and all exterior
mounted lighting for the Special Use is dark sky compliant addressing sign. The
greenhouses and hoop houses will use artificial interior lighting and a custom
blackout shade will be deployed to mitigate light spread from the hoop houses.
Pursuant to condition one of the Special Use approval an updated illumination
mitigation plan outlining steps it will take to address light and glare is required at
the time the proposed barn and greenhouse structures are constructed.To meet
screening requirements the Applicant uses a mesh green screen attached to the
wildlife fence which surrounds the cultivation operations. The screening meets
Eagle County requirements and MED requirements.
The Proposed Special Use has senior water rights associated with the C&L Highline
Ditch adjudicated in case No. CA-132 appropriation date of June 23, 1888 and an
adjudication date of May 11, 1889. These water rights are used to irrigate the
outdoor cultivation area. At the time the Applicant chooses to add marijuana
processing to the Property, adequate potable water for the buildings including the
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barn and greenhouses will need to be demonstrated with the building permit •
application.
The Property is a moderate wildfire hazard per the Eagle County Wildfire
assessment for the Property. As part of the development of the water holding pond,
two hydrant standpipes are installed to allow the Roaring Fork Fire Rescue
Authority to draw water from the holding pond for firefighting purposes. The
Special Use has adequate access for the on site uses as well as emergency services
access.A secondary access point is provided to Ten Peaks Mesa Road in accordance
with the R16-075 approval and the ECLUR Section 4-620.J.1.h -Dual Access variance
previously granted.
To meet standards pertaining to odor impacts conditions two and four are a part of
the Special Use approval.The Special Use is subject to ongoing odor monitoring and
mitigation to address the concerns of residences in the vicinity.
The Special Use, which includes temporary structures as hoop houses and
permanent structures as marijuana processing facilities meets dememsional
limitations of the Resource zone district.
Thus, as conditioned, 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 ECLURs. •
D. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of
the Special Use reasonably avoids adverse impacts, including visual impacts of the
Special Use on adjacent lands, including trash, traffic, service delivery, parking and
loading, odors,noise,glare,and vibration and it will not otherwise cause or create a
nuisance. The Special Use is not anticipated to have any additional visual impacts
outside of those associated commonly seen under agricultural uses. This includes
outdoor storage of equipment and materials, temporary structures or hoop houses,
and shipping and handling of the agricultural products. The proposed permanent
buildings, which include the barn and greenhouses, are also common structures
seen in Eagle County's rural areas and agricultural properties. All activities for
cultivation and harvest are achieved through hand labor and do not include the use
of heavy equipment or processing equipment that would produce loud sustained
noise, glare, or vibration. Visual impacts pertaining to glare created by artificial
lighting in the hoop houses and greenhouses is addressed by condition one. The
trash generated by the operations are anticipated to be minimal and are managed
adequately to date.
The majority of traffic generated by the Special Use is employees carpooling to the
site in personal vehicles. The maximum number of employees anticipated onsite is
30 employees during the harvest period as well as during the processing period
which may be incorporated once adequate facilities are built in a subsequent phase.
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All employees are expected to carpool in groups of two to three employees. The
total traffic generation is anticipated to be approximately 2,600 annual trips, an
increase of about 50% to what is existing. Deliveries are anticipated to be a
maximum of one to two per week, with most materials delivered by employees
during their normal route of travel.Adequate delivery loading areas are available on
the site with the secondary access point providing an additional drive-through
option for large
vehicles to maneuver
Adverse impacts pertaining to odor impacts are addressed through conditions two
and four which requires the continuation of odor monitoring and mitigation of the
Special USe.Thus, as conditioned,the Special Use minimizes adverse impacts.
E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the
design of the Special Use minimizes environmental impacts and will not cause
significant deterioration of water and air resources, wildlife habitat, scenic
resources,and other natural resources.
The Special Use includes more than 10,000 square feet of impervious surfaces. To
protect water quality condition three requires a detailed grading plan, showing
existing and proposed grades as well as drainage and erosion control measures.
All activities for cultivation and harvest are achieved through hand labor and do not
• include the use of heavy equipment or processing equipment that would produce
excessive air pollution.
The Special Use adheres to the recommendations provided by Colorado Parks and
Wildlife related to wildlife friendly fencing, and therefore reducing the impacts
wildlife.
Thus, as conditioned, the proposed Special Use will fully minimize environmental
impacts, and will.not cause significant deterioration of water and air resources,
wildlife habitat,scenic,and other natural resources.
F. Impact on Public Facilities. Pursuant to Section 5-250.B.6,the Special Use will be
adequately served by public facilities and services, including roads, pedestrian
paths, potable water and wastewater facilities, parks, schools, police and fire
protection, and emergency medical services.
In accordance with ECLUR Section 4-710 Road Impact Fees, the Applicant is
required to pay additional road impact fees for the increased traffic, which is
mostly created by additional personal vehicle trips from expansion of the use
creating additional employees and elimination of the employee shuttle. The rural
nature of the area does not dictate a need for pedestrian facilities.
The Applicant provides on-site portable restrooms that are serviced on a weekly
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basis. At the time the Applicant chooses to construct the processing facilities,
demonstration of a legal and adequate potable water source and wastewater
facilities is required with a building permit application.
The Proposed Special use meets all separation requirements from parks and
schools.
The Property is a moderate wildfire hazard per the Eagle County Wildfire
assessment for the Property. As part of the development of the water holding pond,
two hydrant standpipes are installed to allow the Roaring Fork Fire Rescue
Authority to draw water from the holding pond for firefighting purposes. The
Special Use has adequate access for the on site uses as well as emergency services
access. A secondary access point is provided to Ten Peaks Mesa Road in accordance
with the R16-075 approval and the ECLUR Section 4-620.J.1.h -Dual Access variance
previously granted.
Thus, the proposed Special Use will be adequately served by public facilities and
services, including roads, pedestrian paths,potable water and wastewater facilities,
parks,schools, police and fire protection,and emergency medical services.
G. Site Development Standards. Pursuant to Section 5-250.B.7,the Special Use is in
compliance with Article 4 Site Development Standards including:
Division 4-1 - Parking and Loading Standards, as there is adequate parking area •
located on the property;
Division 4-4- Natural Resource Protection, as the Special Use minimizes
Environmental impacts there are no identified ridgeline areas, geologic hazards, or
steep slopes on the Property;
Division 4-5 Commercial and Industrial Performance Standards, as Special use, as
conditioned, is not anticipated to generate noise, vibration, smoke, particulates,
heat,glare,radiation, or electrical interference in violation of these standards.
Division 4-6-Improvement Standards, as the Special Use meets all roadway, utility,
water supply, and sewage disposal requirements. Erosion control requirements are
met through condition three;
Division 4-7 Impact Fee and Land Dedication Standards,as the Applicant is required
to pay additional road impact fees for the increased traffic generation. School Land
Dedication does not apply to the Special Use because no residential units are
proposed. Emergency Service fees will apply the time of a building permit for the
proposed barn and greenhouses;
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Thus, as conditioned, the proposed Special Use will comply with all applicable
standards in the ECLURs,Article 4, Site Development Standards.
H. Other Provisions. Pursuant to Section 5-250.B.8,no other provisions of the ECLUR
for use, layout,and general development characteristics in addition to those already
referenced and/or addressed have been found applicable to this application. Thus,
the proposed Special Use does comply with all standards required 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 this application for a Special Use Permit is hereby approved, subject to the
following conditions, and that violation of any condition shall be the basis for revocation
of the Special Use Permit pursuant to the ECLURs:
1. At the time of building permit application for the structures used in operation
of the special use (including the barn and greenhouses per R16-075), the
Applicant shall provide Eagle County with an updated illumination mitigation
plan outlining steps it will take to address light and glare, if any, created by
these operations.
• 2. At the time of building permit application for the structures used in operation
of the special use (including the barn and greenhouses per R16-075), the
Applicant shall provide Eagle County with an updated odor mitigation plan
outlining steps it will take to address odors created by these operations.
3. 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 prepared by a Colorado licensed engineer in
accordance with the ECLUR for the site prior to or concurrent with any
grading and/or building permit application for any improvements or
structures used in operation of the special use, including permits for site
preparation or installation of hoop houses or other impervious surfaces.
4. On or before November 30 in the year of the first harvest of the Applicant's
expanded operations, Applicant shall provide a report to the Community
Development Director (the "CDD") that reviews the effectiveness of the Odor
Mitigation Plan. To determine the appropriate metrics to be used in this
report, on or before May 31, 2021, the Applicant shall submit to the CDD for
review and approval a set of criteria to review the effectiveness(the "criteria")
of such plan. The CDD will respond to the Applicant within 10 working days of
submission of the criteria. If the CDD does not approve the criteria, the
Applicant and CDD will work together to determine the applicable criteria for
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the report that reviews the effectiveness of the Odor Mitigation Plan. •
Additionally, during the first growing season of Applicant's expanded
operations, an Eagle County Code Enforcement officer (the "officer") will
conduct two off-property site visits to assess odor impacts on adjacent
property owners and, following each visit, the officer will prepare a report
detailing all findings and provide the report to the Applicant and the CDD.
Based on the officer's two reports and the Applicant's report of the
effectiveness of the Odor Mitigation Plan, the CDD and the Applicant shall
work together to evaluate the existing Odor Mitigation Plan and determine
whether to adopt changes to the Odor Mitigation Plan.
If the CDD and the Applicant determine that changes to the Odor Mitigation
Plan are necessary,and if new technologies become available that are feasible,
practical, and reasonable, Applicant must periodically incorporate such new
technologies as part of its revised Odor Mitigation Plan. As the Applicant
incorporates new odor mitigation measures, it will provide notification to the
CDD detailing such new odor mitigation measures.
THAT, this Special Use Permit shall be subject to review as provided for by the
ECLURs.
THAT, the Board directs the Department of Community Development 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 14th day of September,
2021 ,nunc pro tunc to the 17th day of May, 2021.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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•
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
SEpi.°f 44 BOARD OF COUNTY COMMISSIONERS
ATTEST:
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,—DocuSigned/�►by: �o </ By: ,h_/Do_cuuSig(n'e'drby.:',�,,
I�L�l1A GI t ' UA, a?o_-- 1-4 Jug
Clerk-o— DeI 8ac Matt She—rr81E7B20718E0473...
County Commissioners Chair
LDocuSigned by:
akauatur-tkuitni
68 84403..
Kathy Chan er-1Eenry
Commissioner
DocuSigned by:
1
4AC128F8AA47A.
Jeanne c ueeney
• Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
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