GILPIN COUNTY PLANNING COMMISSION Agenda September 11, 2018 Gilpin County Courthouse 203 Eureka Street Central City, Colorado

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1 GILPIN COUNTY PLANNING COMMISSION Agenda September 11, 2018 Gilpin County Courthouse 203 Eureka Street Central City, Colorado I. 7:00 pm - CALL TO ORDER Quorum Call Agenda Review Approve Minutes from August 14, 2018 II. III. IV. OLD BUSINESS None NEW BUSINESS SUR Alternative Holistic Healing Marijuana Cultivation Facility SUR Stanton RV Park PUBLIC COMMENT V. ADJOURN Reasonable accommodation will be provided upon request for persons with disabilities. If you are a person with a disability who requires an accommodation to participate in this meeting, please notify the Administration Office at , three days prior to the meeting. Meetings take place in the historic Gilpin County Courthouse, 203 Eureka Street, Central City, Colorado unless otherwise noted.

2 GILPIN COUNTY PLANNING COMMISSION MEETING MINUTES August 14, 2018 The Gilpin County Planning Commission convened at the Gilpin County Courthouse, 203 Eureka Street; Central City, Colorado Call to Order: Chair Laura Jeney called the meeting to order at 6:45 p.m. Quorum Call: Present: Chair Laura Jeney, Chair Pro-Tem Jim Wailes, Bob Haxel, Jane Billings, Sharon Perea, Joe Marr, Andrea Wrobel, Rob Mercier and Roxy Goss None Staff Present: Tami Archer, Secretary; Daniel Horn, County Planner; Stephen Strohminger, Community Development Director Agenda Review: Commissioner Marr moved to approve the agenda as presented, and the motion was seconded by Commissioner Perea. The motion passed unanimously. Minutes: The minutes from the July 10, 2018 meeting were discussed. A grammatical error was corrected. Chair Pro-Tem Wailes moved to approve the minutes as amended, and the motion was seconded by Commissioner Haxel. The motion passed unanimously. Old Business: A. None New Business: A. None Public Comment: Gail Maxwell from the Clerk and Recorder s office noted that the Motor Vehicle Department had been recently encountering issues with addresses. She noted that some folks are coming in to get license plates and the addresses they are trying to use are not showing up in the motor vehicle system. She asked that the Community Development staff let visitors know that any address must be a valid United States Post Office address. Staff Updates: None Adjourn: Commissioner Marr moved to adjourn the meeting at 6:49 p.m., and the motion was seconded by Commissioner Perea. The motion passed unanimously. Respectfully submitted, Laura Azevedo Jeney Chair Gilpin County Planning Commission Meeting July 10, 2018 Page 1 of 1

3 Memorandum To: Planning Commission From: Community Development Staff Date: September 11, 2018 RE: SUR Applicant: Alternative Holistic Healing Joe & Jason Licata Location: 5312 Highway 119, Black Hawk, CO Request: The applicant is requesting a Special Use Review (SUR) that would permit a marijuana cultivation facility as permitted by Ordinance Land Use Subject Site: Zone: Heavy Commercial (C4) Acres: 0.76 acres Current Use: PUD Land Use Adjacent Sites: North: GOVT East: GOVT South: GOVT West: GOVT

4 Staff Report To: Planning Commission From: Stephen Strohminger Date: September 7, 2018 RE: Public Hearing SUR Applicant: Soloman Stanton Request: The applicant is requesting a Special Use Review (SUR) that would permit a RV park in Resource Residential. Location: 1832 Upper Moon Gulch Road Land Use Subject Site: Zone: RR 4-6 site RV Park NAICS: 7212 RV Parks Acres: 5.15 acres Current Use: Residential Land Use Adjacent Sites: North: RR Residential East: RR Residential South: RR Vacant West: RR Residential Applicable Regulations and Guidance Documents: Zoning Code 2.2 Zoning Districts Allowable Uses 2.5 Special Use Review Standards Master Plan 3.1 Commercial Land Goal County Villages

5 Standard of Review (Staff Comments in Bold Italics) 2.2 Zoning Districts: Allowable Uses (RV Parks are a permitted use by Special Use Review in the RR District) 2.5 Special Use Review (SUR Standards as per code: 1. The proposal shall be consistent with applicable Gilpin County Master Plan Guidance. (See Master Plan Comments below) 2. The proposal shall limit impacts to levels that could be expected from identified Uses-by-Right allowed in the existing underlying zoning district relative to: Traffic (RR uses range from single family housing to agricultural uses, commercial stables, and sawmills. Expected traffic generated by the proposed SUR is approximately 1.5 trips per RV/campsite per day with a cumulative potential impact of 6 average daily trips (ADT). For reference, a single-family home is estimated to generate 10 ADT.) Water quality/quantity (The proposed SUR would provide on-site well water to patrons in addition to an on-site restroom.) Flora and Fauna (The application indicates that all plants and animals are protected.) Bulk and Scale (Bulk and scale are indicated to be a maximum of 3 tent sites and 3 RV sites. The bulk would be similar to single-family residential. The scale would be greater based on the number of units 6 campsites versus 2 residential units.) Noise levels (Noise is address in the application with the prohibition of excessive volumes. Therefore, no adverse impacts from noise are expected.) Views and Vistas (No buildings are proposed that would impede the vistas. Refuse disposal is addressed through the use of bins in a bear-proof shed near the existing house and a bin near proposed RV site 1.) Air emissions (No noxious odors are associated with the operation of a RV park other than that of sanitation facilities and refuse. Therefore no adverse impacts would be expected if the sanitation and refuse facilities are maintained and enforced.) 3. The proposal shall not encumber or impede, either physically or economically, adjacent lands or other dependent lands from continued operation and/or development of an identified Use-by-Right. (The SUR may impede residential development on adjacent property. If the natural screening and any additional screening is maintained, this impact would be minimized.)

6 Master Plan 3.1 The county should promote a strong economy by supporting local entrepreneurship and businesses which primarily provide locally needed goods and services and promote local employment opportunities. (This application does provide additional opportunities for tourism in the County. The application does not address employment opportunities) Economic Development in County Villages Rollinsville (Centered at State Highway 119 and Main Street) Rollinsville is a mix of residences, businesses and light industries. Efforts should be made to encourage more economic development suited for the zoning. (This SUR is near the Rollinsville village in the Master Plan. While not in the village, it s location could provide a small customer base for the area.) Staff Comments: 1. No exterior lighting shall be permitted except security lights on motion detectors and lighting in compliance with the County s regulations in Section 3.14 of the Zoning Regulations. 2. All state, federal, fire and health codes must be satisfied before a SUR permit will be issued.

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12 Project Description: (Applicant s description) 1. General The property located at 5312 Highway 119 #B will be used as a grow operation and thus the special use need. The number of employee/volunteers will be no more than 5 at any given time. There will be no more than 2 trips up the are in any given day. No traffic control needed since it is on the back side of the property. Security will be fencing with cameras and alarm systems in place as required by the MEDs and local code. Hour will depend on the grow cycle and trimming process. The activities will not bother anyone since it is located at the rear of the property and there is no one living there. The noise level will be at a minimum since all equipment will be inside. There will be security lighting as required by local and MED code. No temporary structure will be erected. This grow will be all organic and no harmful chemical will be use or discharge into or on the land. No emissions. 2. Sanitation Sewer will be handled by the current system on the property. Water will be trucked in from other sources that will not drain the natural aquifer system, expected use to me no more that 500 /+ gal per week. 3. Site Info There will be ample parking with over 10 spaces since there is no other properties or structures in the area. The drainage will be up to local code and be chemical and pesticide free. 4. Utilities The building will have a new and improved heating and AC units. There is adequate electrical on the site for the use of this building only. 5. Water Water as noted will be trucked from other sources. 6. Safety All local and MED rules will be observed at all time along with rules per company policy. The property will always will be used per all local guidelines and to ensure the harmonious character of the surrounding community.

13 Applicable Regulations: 1. Gilpin County Zoning Regulations: a. Section 2.2 Zoning Districts b. Section 2.5 Special Use Review c. Section 2.15 Marijuana 2. Gilpin County Ordinance Gilpin County Master Plan (see section 2a below) Standard of Review (Staff comments in bold italics) 1. Section 2.2 Zoning Districts a. Retail marijuana cultivation is not a use by right in C4 zoning, thus the need for Special Use Review in addition to the requirement set forth in Section 2.3 of Gilpin County Ordinance Section 2.5 Special Use Review a. This proposal shall be consistent with applicable Gilpin County Master Plan guidance. Master Plan Section 3.1 The County should promote a strong economy by supporting local entrepreneurship and businesses the promote local employment opportunities. Approval of this SUR would help to further such efforts. b. The proposal shall limit impacts to levels that could be expected from identified Uses-by-Right allowed in the existing underlying zoning district relative to: Traffic The Applicant claims no more than two trips per day and no traffic control is needed since it is on the back of the property. This will not cause irregular traffic patterns nor will this cause a parking shortage on the subject lot. Water Quality No impacts to water quality are expected. Water Quantity N/A Flora and Fauna - As the subject site is currently cleared and in use as a PUD there is no additional impact expected. Bulk and Scale There currently are no finalized engineered building plans. Noise Levels Noise is expected from daily operations but should have no negative impact. Views and Vistas The proposed use would be on an industrial lot with no adjacent residential properties. The site is also fully screened from State Highway 119 so no view or vista disruption would be expected.

14 Air Emissions The odor of marijuana is considered noxious and offensive by some. In addition to the odor mitigation measures being taken by the Applicant, Ordinance requires air and odor purification measures prepared and approved by a professional licensed mechanical engineer. c. The proposal shall not encumber or impede, either physically or economically, adjacent lands or other dependent lands from continued operation and/or development of an identified Use-by-Right. There are no identifiable impacts that would encumber or impede existing businesses on adjacent lands, nor are there identifiable impacts that might deter other businesses from locating on adjacent lands. 3. Gilpin County Ordinance a. 2.3 of Ordinance states: Any person or entity ( Applicant ) seeking to operate one of the three retail marijuana facilities shall be required to go through Gilpin County s Zoning Regulations SUR process, Gilpin County Zoning Regulation 2.5. Approval of this SUR will meet that requirement, all other Ordinance requirements shall be met before issuing a Local License. Attachments: Application Wild Rose PUD Plat

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