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Home My WebLink AboutResolution 2014-64STATE 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 2ot1a day of October A.D. 2014, .there were present: ..... 10 ... hn_M_arli_._n ___________ _.. Commissioner Chainnan """Mi=ik=e ...... S....,amso==--__ n ___________ • Colllilllssioncr T ..... o=m=Janko==:vs .... ky...,_ _________ _., Commissioner .... Fr .... ank....,.H.....,u...,tfl .... ess ........ __________ ....,... County Attorney ... K=e1....,ly....,Ga~:ve~---------.--___.• Assistant County Attorney =lean=A=-=l=b=en=·co...._ __________ _.. Clerk of the Board .. An ..... d...,rew...._Go....,.,.m .... e"""'y ___________ • County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. t:2 0 /'/-~ ~ . A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FORA SOLAR ~RGY SYSTEMt LARGE (MIPA-7900) OPERATED BY CLEAN ENERGY COLLECTIVE, ON AN 11.541 ACRE PORTION OF A LARGER35 ACRE PROPERTY OWNED BY MARY AND RICK JAMES, LOCATED AT 4003 COUNTY ROAD 100 EAST OF THE TOWN OF CARBONDALE IN SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6'111 PRINCIPAL MERIDIAN, GARRELD COUNTY PARCEL NO# 2391-303-00-007 Recitals A. 'Ibe Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Permit to allow a Solar Energy System, Large, as further described in Exhibit A, Site Plan. B. The Solar Energy System, Large, known as the Sunny Sido Ranch Community Solar Array, is located on an &J>PI'Oxlln&toly 11.541 aero portion of a 3S acre parcel of land owned by Mary and Rick James. C. The subject property is located within unincorporated Garfield County in the Rural mne district east of the Town of Carbondale off County Road 100 and accessed by an approximately O.S mile private access road. 1 D. A Solar Energy System, Large may be permitted in the Rural zone district with a Major Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Major Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as emended. F. The Planning Commission opened and closed a public bearing on the 101h day of September, 2014 for considerat ion of whether the proposed Land Use Change Permit should be recommended for approval or denial, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. At this hearing, the Planning Commission voted 6-0 to recommend that the Board of County Commissioners approve the Land Use Change Permit with conditions. G. The Board of County Conunissioners opened a public hearing on the 20th day of October, 2014 for consideration of whether the proposed Land Use Change Pennit 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 20'b day of October, 2014 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, bas made the following detenninations 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 Conunissioners 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 Pennit for the Clean Energy Collective-Solar Energy System, Large is in the best interest of the health, safety, convenience, order, prosperity and welfare of lhe citizens .of Garfield County. 4. That with the adoption of conditions, the application is in general confonnance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended . 2 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 a Solar Energy System, Large, also known as the Sunny Side Ranch Community Solar Array is hereby approved subject to compliance wf th 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 Clean Energy Collective -Solar Energy System, Large shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. the facility shall follow the Best Management Practices (BMPs) as recommended by Colorado Parks and Wildlife, as outlined below: a. Complete the bulk of construction activities outside the time period of December 1 to April 15 to reduce disturbances to wintering animals. If construction is not comeleted by December 1, the Applicant may request an extension from CPW. b. Limit post construction site visits to the hours between 1 O.OOAM and 3.00PM between the months of December and April. c. Ban workers and contractors from bringing dogs on site during the construction period. d. During the construction phase, all garbage must be kept in a bear-proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. e. If the expected dishlrbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. 3 4. The Applicant shall control fugitive dust during construction and operation of the site as outlined in the BMPs of the Weed Management and Revegetation Plan. 5. Signage around the perimeter of the facility warning of electrical shock must be installed. 6. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities shall be painted a non-glare neutral color to lessen any visual impacts. 7. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. · Conditions Prior to Issuance 8. The final design of the perimeter fence shall be reviewed and approved by Colorado Parks and Wildlife (CPW). This design and acceptance by CPW shall be provided prior to issuance of the Land Use Change Permit. 9. The Applicant shalt conduct a fall treabnent of the identified Scotch Thistle and Whitetop infestations. Satisfactory confinnation of treatment shall be submitted to the Vegetation Management Office by October 31, 2014. ':?.11 Dated this _'-.J __ day of ~ fJ v~ ~ 'A.D. 20 l'f ATIEST: BOARD OF GARFIELD 4 Upon motion duly made and seconded the foregoing Resolution was adopted by tbe following vote: =c ..... OM .......... M=IS,...S....,IO ..... N.....,E ..... R....,C=H-A ..... l .... R""""JO.,..,HN..:.L<....::...:F.;..:.;MA=-::.:R=T:..:.:IN..,__ ______ --J• Aye _c..,.,OM._....M=IS=S=IO=NE-=R~M=IKE==~S~A=M=S~O~N'---________ ....--J.Ayc _c ..... o~M~M-IS~S~IO=N~E~R_T~O~M~JA=N=K=O~V~S=K~Y ________ ....--J.Aye STATB OF COLORADO ) )ss County of Garfield ) 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 5 llll IJP.rF3'·~1\HH llh• F'4f\r"lfi"P\1'Y~'\~li.{.,i·t~. 11111 Rec•P.llonn: 8SSB2S \\/0412014 02i02r13 Pft J•AI' Alberico 6 Pr 7 Reo FearSO.DO Dao Feer0,00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN 6 11111~ .. r1t1ri~a~.11U.rHllHAhV~M·~r1P...,l1~4'ivA 11111 ReceptlonU: 855625 11/1412014 02:02:13 PH Joan Albtrlco 7 or 7 Reo FH:S0.00 Doc Fee:0.1110 GARFIELD COUNTY CO I I \ \ I I : ~~--~--~--~--J 1---1~ \ ' 7