HomeMy WebLinkAboutResolution 2016-54AEII Rati= 'INCICTIrI ' I NOW f'W,LE1 I4 BIM
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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 day of August A.D. 2016, there were present:
John Martin
Mike Samson
Tom Jankovsky
, Commissioner Chairman
Commissioner
, Commissioner
Tani Williams County Attorney (absent)
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board (absent)
Kevin Batchelder _ , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NOJ6/657
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
SOLAR ENERGY SYSTEM, LARGE (MIPA-01-16-8415) OPERATED BY CLEAN
ENERGY COLLECTIVE, ON A 10 ACRE PORTION OF A LARGER 41.08 ACRE
PROPERTY OWNED BY BRENT LEWIS PETERSON AND DENNIS HANNIGAN,
LOCATED AT 35540 RIVER FRONTAGE ROAD EAST OF THE TOWN OF SILT IN
SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6 PRINCIPAL
MERIDIAN, GARFIELD COUNTY
PARCEL NO# 2179-122-00-350
Recitals
A. The 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 Peterson / Hannigan Community Solar
Array, is located on an approximately 10 acre portion of a 41.08 acre parcel of land owned by
Brent Lewis Peterson and Dennis Hannigan.
C. The subject property is located within unincorporated Garfield County in the Rural zone
district east of the Town of Silt off River Frontage Road and accessed by an approximately 380
foot private access road.
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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 amended.
F. The Planning Commission opened and closed a public hearing on the 8th day of June,
2016 for consideration 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 PIanning
Commission voted 8-0 to recommend that the Board of County Commissioners approve the Land
Use Change Permit with conditions.
G. The Board of County Commissioners opened a public hearing on the 1' day of August,
2016 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 151 day of August,
2016 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 the Clean Energy Collective — Solar Energy System, Large 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 adoption of the Conditions of Approval the application has
adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
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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 Peterson
/ Hannigan Community Solar Array is hereby approved subject to compliance with the
following conditions:
Conditions Prior to Issuance of Land Use Change Permit
1. The Applicant shall obtain a Notice to Proceed from CDOT for the access
to the site. The Notice to Proceed shall be provided to the Garfield County
Community Development Department prior to issuance of the Land Use
Change Permit.
2. The Applicant shall execute and record the access easement from River
Frontage Road to the site. A copy of the executed and recorded access
easement shall be provided to the Community Development Department
prior to issuance of the Land Use Change Permit.
3. The Applicant shall provide an explanation of the improvements
necessary and anticipated for the access road and access point on to River
Frontage Road. This explanation shall be reviewed and accepted by the
Garfield County Contract Engineer prior to issuance of the Land Use
Change Permit.
The Applicant shall address increased runoff and drainage from the
impervious areas created by the solar panels prior to issuance of the Land
Use Change Permit. This analysis shall be reviewed and accepted by the
Garfield County contract engineer prior to issuance of the Land Use
Change Permit.
Conditions of Approval
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
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6. 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.
7. The Applicant shall control fugitive dust during construction and
operation of the site.
8. Signage around the perimeter of the facility warning of electrical shock
must be installed.
9. 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.
10. The Applicant shall comply with their Noxious Weed Management Plan
including the best management practices.
11. The solar facility area shall be surrounded by an 8' high game fence as
approved by Colorado Parks and Wildlife.
12. Raptor nest deterrent shall be installed on any perch where electrocution
to raptors or other nesting birds could occur.
13. Once the facility is installed and online, the operator shall conduct a
training of the emergency shutdown procedures with Colorado River Fire
Rescue staff.
14: To control the potential for grass fires, the operator shall keep the grass
trimmed to no higher than 8 inches within the fenced lease area at all
times.
15. The operator shall post the address for the lease area, 35540 River
Frontage Road, at the commencement of construction for the site. The
address shall be prominently displayed at the entrance gate to the facility.
16. A fire department Knox Box or Knox Padlock shall be installed at the
entrance to the gate for emergency access.
17. The access road shall be designed and constructed to the Standards
outlined in Section 7-107 of the Land Use and Development Code.
18. The landscaping shall be watered throughout the first 2 years after
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installation.
Dated this /54;1 day of , A.D. 20 lip
ATTEST: GARFIEL ' CO TY BOARD OF
COMMISS ONERS
OUNT , COLO DO
CIerk of the Board
Chaff
Upon motion duly made and seconded the
following vote:
GARFIELD
or
oing Resolut'.1 was adopte
COMMISSIONER CHAIR JOHN F. MARTINI
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
Aye
by the
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
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