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Home My WebLink About5.0 Resolution 2014-04PERMIT STATUS - MIPA-7643 BILL INVERSO, GREEN ESSENTIAL MEDICAL LLC MAJOR IMPACT REVIEW FOR OPTIONAL PREMISES CULTIVATION OPERATION (MEDICAL MARIJUANA) INITIAL APPROVALS BY RESOLUTION NO. 2014-04 BOARD OF COUNTY COMMISSIONERS EXTENSION LAPSED 7/6/15 APPROVALS EXPIRED NO PERMIT ISSUED CONDITIONS NOT MET BH gird fj!MINI 11 II Receptionf: 845463 01/21/2014 09;14-45 RM Jean Alberico 1 of 8 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the: Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 6th day of January A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Jean Alberico Andrew Gorget/ , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 42014-o4 A RESOLUTION OF APPROVAL FOR A MAJOR IMPACT REVIEW - LAND USE CHANGE PERMIT FOR AN OPTIONAL PREMISES CULTIVATION OPERATION (MEDICAL MARIJUANA) ON A 3.97 ACRE PROPERTY OWNED BY RED CANYON PLAZA LLC, LOCATED AT 3768 HIGHWAY 82, IN SECTION 26, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2185-262-00-008 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for an Optional Premises Cultivation Operation (Medical Marijuana), as further described in Exhibit A, SITE PLAN. B. The Project is located on a 3.97 acre parcel of land owned by Red Canyon Plaza LLC, Bill Inverso, Owner. The ownership of this property is described in a warranty deed found at Reception Number 740434 in the records of the Garfield County Clerk and Recorder. The Application was submitted in conjunction with Green Essentials Medical LLC. C. The subject property is located within unincorporated Garfield County in the Commercial Limited (CL) zone district, approximately one mile south of the City of Glenwood Springs. 1 1111 Fid11 t1111MNRF'i 4I1K I'l 1III Reception#: 845463 01/21/2014 0914:45 AM Jean Alberico 2 of B Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. Optional Premises Cultivation Operation may be permitted in the Commercial Limited zone district with a Major Impact Review. E. On November 13, 2013 the Garfield County Planning Commission held a public hearing on the Application in accordance with the Land Use and Development Code as amended and forwarded a recommendation of approval with conditions by a vote of 6-1 to the Board of County Commissioners on the Major Impact Review application. F. The Board is authorized to approve, deny or approve with conditions a Major Impact Review application resulting in issuance of a Land Use Change Permit pursuant to the Land Use and Development Code, as amended. G. The Board of County Commissioners opened a public hearing on the 6th day of January, 2014 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 6th day of January, 2014 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for an Optional Premises Cultivation Operation (Medical Marijuana) for Bill Inverso, Red Canyon Plaza LLC, in conjunction with Ron Radtke, Green Essentials Medical LLC is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions and granting of a waiver from the Location Separation Requirement, Section 7-903(D), the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 1111 firaritirli141L14il liYulICICIA1P.' 11u`,iIk,vi,1 III Reception#: 845463 01/21/2014 09:14:45 AM Jean Albericc 3 of 8 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for an Optional Premises Cultivation Operation (Medical Marijuana) related to the Red Canyon Plaza LLC application is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Medical Marijuana Optional Premises Cultivation Operation shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. The Applicant shall maintain compliance with their representations dated 11/12/13 that there are no residential dwelling units within the building and shall comply with the Land Use and Development Code in regard to any future requests related to residential uses within the building. 4. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation that the well permit and contracts with the appropriate water conservancy districts are in place or have been updated to establish the Applicant's legal rights to utilize the existing well for the proposed uses including indoor irrigation. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide the results of a 4 hour pump test along with the opinion from a qualified professional that the well and associated water storage is adequate to supply the proposed use including indoor irrigation for the existing operation and any future expansion to occupy the entire building. 6. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a water quality test demonstrating that the water quality from the Applicant's well meets the Colorado Department of Public Health and Environment standards for the contaminants listed in Section 4-203(M)(b)(5)(c) of the Land Use and Development Code or if necessary provide a treatment plan to meet the standards. The Applicant will need to meet the CDPHE requirements for the water system, should the employee number reach 25. 3 fg.MirMiiii iwaili;p1r11M1,1i1.0,4114,1i iii Reception#: 845463 01/21/2014 09:14.48 AM Jean Alberico 4 of 8 Rec Fee:$0 00 Doc Fee 0 00 GARFIELD COUNTY CO 7. Prior to the issuance of the Land Use Change Permit the Applicant shall provide additional documentation demonstrating that the existing Onsite Waste Water Treatment System is properly sized for the existing uses and proposed expansion of the cultivation operation in the Building. 8. Prior to the issuance of the Land Use Change Permit the Applicant shall complete any required improvements or remodelling in order to comply with the Fire District recommendations and bring the Building up to meet the Fire Code. The existing sprinkler system and related water storage shall be maintained and kept operational as a condition of this approval. 9. Prior to issuance of the Land Use Change Permit the Applicant shall complete all required improvements or remodeling in order to comply with all Building Code Requirements. All expansions of the cultivation operation within the building shall require review by the Building Department and issuance of building permits for the tenant finishes associated with said expansion. As part of said review the Applicant shall document for review by the Building Department information demonstrating that the building can structurally support the current cultivation operation and any future expansions to include the entire building. 10. The Applicant shall maintain the existing drainage pattern on the site including periodic cleaning of drainage swales at the perimeter of the site. 11. The Applicant shall maintain existing parking, snow storage, and traffic circulation patterns for the site. Parking and access areas shall be kept available for their designated uses including the following conditions: a. No parking on the adjacent County Road is to be permitted and signs shall be installed in coordination with the County Road and Bridge Department. b. The Applicant shall implement improved maintenance of the drainage ditch adjacent to County Road 115 in coordination with the Road and Bridge Department. c. Vegetation adjacent to the two access points shall be removed to provide adequate sight distances per Road and Bridge standards. d. The landlord shall establish limits on the parking of stored or inoperable vehicles to ensure that adequate parking is available for other uses. e. Future tenants shall be required to demonstrate compliance with off-street parking standards and calculations contained in the Application. f. The driveway serving the dry hydrant fire department connection and the water pump house shall remain open and accessible. The driveway shall be striped to ensure fire access with no parking or trash container conflicts. g. The Applicant's drainage plan shall be updated to shown code compliant snow storage areas on the site and not within the County Road right-of-way. 4 1111 E II I Reception$#: 845463 01/21/2014 09:14:45 AM Jean Alberico 5 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 12. Any future changes to lighting on the site or building shall comply with the County Standards for down directed, fully shielded lights that are oriented inward toward the center of the site. Exceptions for lighting required by the Building Code are to be permitted. 13. A waiver from the Location Separation Requirements of Section 7-903 is granted to allow the proposed location of the Optional Premise Cultivation Operation to be in less than 1,000 ft. from the Holy Cross Electric Public Building based on compliance with the waiver criteria contained in Section 4-118. Ongoing compliance with all other Section 7- 903 Standards for Optional Premises Cultivation Operation shall be required. Should future compliance issues be raised the County may require additional mitigation including but not limited to additional air filtration and odor mitigation. Any future expansion of the cultivation operation shall include air filtration and odor removal systems consistent with the Application submittals serving all portions of the expanded operation. 14. The Applicant shall maintain compliance with all State Licensing Requirements and any conditions contained therein. 15. The cultivation operation shall maintain compliance with all OSHA and CDPHE safety requirements including but not limited to indoor air quality and ventilation for employee safety. 16. Landscaping is required to meet Section 7-303 of the Code. 17. The Land Use Change Permit is issued to the Optional Premises Cultivation Operation connected with Medical Marijuana Centers only in Garfield County. Dated this opt CD� " day of ATTEST: 1 Clerk of the Boar , A.D. 20 ! 4 GARF LD COUNTY BOARD OF CO ISSIO RS, GARFIELD CO _ TY, C i LORADO 5 1111 Nr1Ir:itiCIAli It11111 Reception#: 845463 01/21/2014 09:14:45 AN Jean Alberico 6 of B Rec Feel() CO Doc Fee:0.CO GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Nay , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 6 EXHIBIT A - SITE PLAN 1111111.1EWAN 11%ilakOtM itiNO 1111 Reception#: 845463 01)21(2014 09:14:45 AM Jean Alberico 7 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO J as Bransnspoempty and ,.m mans wry tnro subsurface mains um ran n+ CaykOnl y i Gpe°tv Reed ./ d ;n� " Pr d,;. 0_ d 60"u / r ._�14eri 8-• iajya t�� o It fir- c4+, c. er AvegMg area qed SnpGr. ra JY_' asptnit 4pPcri pork,:79 area 24' Pin_ (gapori Pa -!ix! aroo Brass Cop for Secncn Gy r•. Existing Commarc %al 5v iding 9 asp ' / ark l .,:. \_e<19:/ - to :cows and -_ drams .mnry ! % c, dm rQ 7 �% • Osp+loucn --,\,,,;-,\,,,;,' J i�:. \ �,. \ `\. FUM) iym::nun CNN. 24' Pp.. —r n:9o1.Cn Ppc (1µ7:h Gorr C,c.nnuad c,:rn amen; .rgana_.av,, ape.ere 7 GROUND FLOOR •I 1111 kiraFAirIft :Ffiti 101.1111ke liql: illi,110 id 11111 Reception#: 845463 01/21(2014 09!14:45 PM Jean Plberico B of 8 Rem Fee.$0 00 Doc Fee,0 00 GARFIELD COUNTY CO EXHIBIT A - CONTINUED REIAINING WALL • LEASEABLE OFFCE 8 OCCUPANC., 1:75 SF CURRENTLY UNOCCUPIED UPPER FLOOR PLAN - GROWING ROOM 12125F r.5 OCCUPANCY LEA5EABL E OFFICE 6 OCCUPANCY 5755F CURRENTLY UNOCCUPIED RA -ED CORRIDOR 91 51 ACCESSIBLE MEN'S RESTROOM ACCESSIBLE WOMENS RESTROOM H� I I rOW RCO PLAN 3.6 , 5305F 3•4) 1V V• - PLANT WOR0 OFFICE . GKOWING 000M I • -R00.14 116 ST 281 SF • -. APARTMENT R-2 OCCUPANCY 13155F IN15 AREA 15 LEASED BY OTHERS LEASEA&E OFFICE 3 OCCUPANCY 450 SF 1130 AREA 15 LEASH eY oTHERs FI OCCUPANCY PLANT GROWING ROOM C 709 SF 21'4' 21'47 176C I 'I 71.0 I I I AUTOMOBILE REPAIR GARAGE 5 I OCCUPANCY 2792 5F THIS AREA 15 LEASED BY 01HER5 RETAL HARDWARE M OCCUPANCY 27935F THIS ARCA IS LEASED 37 013435 I I I CONCRETE WAK PROCESSIN ROOM 147 SF R:AINNG WALL SANK OF GAS METROS '- OVERHEAD 30OR UNPROTECTED FOAM PLASTIC' APPLIED TO DOOR DST PATH - SLANDPI?E F IOCOPANCY P -A7 GRORNG : - WC. LAV B RORA SHOWER NO1 ACCESSIBLE - 2025E PLANE GROWING ROOM B 673 5= 510RAGE PLATFORMS AT 385 —. NOSPRWKLER HEADSREIOW ENUM SI ME -C73. 34 SI CONCRETE - ACESSIBLE ENTRY 8