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Home My WebLink AboutResolution 2016-54AEII Rati= 'INCICTIrI ' I NOW f'W,LE1 I4 BIM Reception#: 881114 0B11612018 08.35:59 AM Jean Alberico 1 ❑I 6 Ree Fae:$0,40 Dao Fee:0.00 GRRF1EL0 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 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. 1 G 101 1,0411.4, 11111 ReceptlonU: 881114 O5/S6/2O16 08:35:59 PM Jean Rlberlco 2 or 6 Rec Fee:$0 00 Doc Fee 0.00 GARFIELD COUNTY CO 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. 2 1III fr"j 'lWf hPlMI4IIlWCWO!' I I',!Nbiki ®I 111 Reception#: 881114 OBI16/2016 oe•36:59 AM Jean Alberloo 3 of 6 Rec Fee.$0.00 Doc Fee,O.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 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. 3 ®fl1 N'i s551119PPeIVii1i, ii S'Trisiii Mrt il'ili iii 11111 Reception# 861114 08/16/2016 08;aS,18 AN Jean Alberico 4 of 6 Rec Fee•50 CO Doc Fee:0.00 GARFIELD COUNTY CO 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 4 ■111MraNTIfNCYI.111tirf'. 71411,11071114,1111ii 11111 ReceptIan#: 881114 08/16/2016 08:35:59 RM Jean Albericc 5 of S Rep Fee;$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 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 5