HomeMy WebLinkAbout3.0 Director's Determination 06.08.2020Gøffield Coulnty
June 8,2020
Pivot Energy
Luke Rickard
1750 15th Street, #400
Denver, CO 80202
DIRECTOR DETERMINATION -Request for a Minor Modification to an
Approved Land Use Change Permit -
Resolution No. 2016-54 - File No. MPPA-O4-
20-8786
Dear Mr. Rickard
This office has reviewed the request to amend the Land Use Change Permit
conditional approval issued for a Solar Energy System, Large memorialized in
Resolution 2016-54 (attached as Exhibit 1). The subject property is located at
35540 River Frontage Road, New Castle, CO 81647 and is currently owned by DB
Sofar LLC. The Assessor's Parcel Number is 217912200350.
At this time the application has been conditionally approved by the Board of County
Commissioners, but all conditions required prior to the issuance of the Land Use
Change Permit have not been met. The requested amendment is to make
technical and site plan changes as described in the attached letter, received on
June 1, 2O2O (attached as Exhibit 2). This includes changes regarding Nameplate
Capacity lncreases, Solar Module Selection, Electrical Equipment, Fencing,
Access, and lnverter Housing. The applicant also included descriptions of
equipment painting and equipment height, but no modification was requested with
regards to either of these items. The equipment painting requirement is stillsubject
to the Conditions of Approval as detailed in the Resolution.
This Application has been reviewed in accordance with the Land Use and
Development Code, Section 4-106 "Amendments to an Approved Land Use
Change Permit". The provisions of this Section provide for a Decision by the
Director of the Community Development Department as to whether the proposed
amendment is a Minor Modification or Substantial Modification.
I
Based on the criteria found in Section 4-106(C), the Director has found your
amendment request to be a Minor Modification and has approved your requested
amendment subject to the following conditions:
1. All representations of the Applicant contained in the Application submittals
shall be conditions of approval unless specifically amended or modified by
the conditions contained herein.
2. All previous conditions of approval contained in Resolution 2016-54 shall
remain in full force and effect.
3. The Applicant shall maintain compliance with all standards as required by
the Land Use and Development Code of 2013 and previous approvals'
Please contact this department if you have any questions.
Sincerely,
She Bower, AICP
D¡of Community Development Department
2
EXHIBIT
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STATEOFCOLORADO )
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Cormty 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 I sr day of August A-D. 20 I 6, there were present:
Commissioner Chairman
Commissioner
Commissioner
Counfy Attorney (absent)
Assistant County Attomey
Clerk of the Board (absent)
County Manager
when the following proceedings, âmong others were had and done, to-wit:
RESoLUTT oNNaJ¿ltr:ãy'
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
soLAR ENERGY SYSTEM, LARGE (n[IPA-01-16-84rs) OPERATED BY CLEAN
ENERGY COLLECTIVE, ON A 10 ÄCRE PORTION OF A LARGER 41.08 ACRE
PROPERTY O\ilNED BY BRENT LEWIS PETERSON AND DENNIS IIANNIGAN,
LOCATED AT 35540 RIVER F'RONTAGE ROAD EAST OF THE TOWN OF SILT IN
SECTION f2, TOMSI{IP 6 SOUTH, RANGE 92 WEST OF TIIE 6nf PRINCIPAL
MERIDIÀN, GART,TELD COTJNTY
PARCEL NO# 2 I 7 9- I 2 2-00-3 s0
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 Haunigan.
C. The subject properly is located rvithin 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, tbe Planning
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 I't 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 I'r 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:
l 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 nteeting.
3. That for the above stated and othe¡ reasons the proposed Land Use Change Permit
for the Clean Energy Collective - Solar Energy System, Large is in the best
interest of the he¿lth, 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
l. The Applicant shall obtain a Notice to Proceed f¡om CDOT for the access
to the iite. The Norice 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 ofthe executed and recorded access'i 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 íssuance of the Land Use
Chauge Permit.
/ 4. The Applicant shall address increased ntnoff and drainage from the
l,/ imnervious areas created by the solar panels prior to issuance of the Land
¡¡ rj Ö o ,, o, " Usä Change Permit. This analysis shall be reviewed and accepted by the(':, ^.1'rr ,,, Garfield ıounty contract engineet prior to issuance of the Land UseÌil'i:r' 'l ''! Change Permit.
Conditions of Approval
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specihcally 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
Iocal reg,rlations governing the operation of this t¡pe of facility.
7. The Applicant shall control fugitive dust during construction and
operation of the site.
8. Signage around thc perimeter of the facility waming of electrical shock
must be installed.
9. The facility shall maintain compliance with sectionT'306 Lighting, with
all lighting 1o be directecl inward and cloward toward the interior of the
site. Facilities shall be painted a non-glare neutral color to lessen any
visual impacts.
10. The Appticant shall comply with their Noxious Weed Management Plan
including the best managemenf practiccs.
I l. The solar facility area shall be sunounded by an I' high game fence as
approved by Colorado Parks and Wildlife.
12. Raptor nest deterent shall be installed on any perch wbere 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 rvith Colorado River Fire
Rescue staff
14, To control the potenlial for grass fires, the operator shall keep the grass
trimmed to no higher than 8 inches within the fenced lease area at all
times.
l5.The operator shall post the address lor the lease area,35540 River
Frontage Road, at the commencement of construction for the site. The
address shall be prominently displayed at ttre entrance gats to the facility.
16. A fìre department Knox Box or Knox Padlock shall be installed at the
entrance to the gate for emergency access.
l7.The access road shall be designed and constructed to the Standards
outlined in Section 7-107 of the Land Use and Development Code'
l8.The landscaping shall be watered throughout the frrst 2 years afler
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ATTEST:BOARD OF
CARFIELD
of the Board
Upon motion duly made and seconded the
following vote:
the
COMMISSIONER CIIAIRJOHN F. MARTIN , Aye
COMMSSIONERMIKESAMSON --- - -.Aye
COMMISSIONER TOM JANKOVSKY - , Aye
STATEOFCOLORADO )
County of Garfield
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I, County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certi$ that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissionen for said Garfield County, now in my office.
IN IIVffi{ESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Clenwood Springs, this
-
day of A.D.20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
Dated this /5ü day of Ê' t
o
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EXHIBIT A
SITE PLAN
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Èz¿¡F Energy
June 1 ,2020
Mr. Patrick Waller, Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Request for Minor Modification to Land Use Change Permit (Major lmpact), Parcel lD#2179-122-00-350
Dear Mr. Waller:
Pivot Energy (Pivot) hereby requests that the Garfield County Community Development Director and Staff review
and approve our request for a finding of Minor Modification to the Land Use Change Permit for a Solar Energy
System on Parcel 2179-122-00-350, as granted under Resolution 2016-54 and subsequently amended or extended
under Resolutions 2017-38 and 2019-31. We believe that this Minor Modification request meets all the necessary
criteria outlined in Garfield County Code 4-106(C).
Explanation of Mod if ications
The modifications proposed by Pivot will result in a Solar Energy System that is materially and functionally
comparable to the originally approved project. The primary factor behind the changes is that, whereas the original
project was designed to accommodate a single Xcel Energy Solar*Rewards Community (S.RC) project award on
the site, Pivot plans to co-locate two S.RC awards on the same site. These projects are identified as the Mtn Solar
5 LLC (SRC# and the CO However due to improvements in solar module efficiency, this will be accomplished within
the '1g-acre footprint originally approved for the projects. The primary technical differences are outlined below:
1. Nameplate Capacity lncrease: the original submission package detailed a solar project with a nominal '1-
megawatt (AC) generation capacity at the inverters. The revised plans to which Pivot is planning to build
call for a combined nameplate capacity of 1.35-megawatts (AC) at the inverters across the two solar arrays
shown on the attached plans. Each project award may have a generation capacity of up to 1 megawatt
(DC) each, for a combined maximum total of 2-megawatts (DC).
2. Solar Module Selection: the original submission package called for the installation of approximately 10,620
solar modules rated at 110 watts each. Pivot's design includes a total of approximately 5,000 solar modules
rated at 360 watts each. The higher wattage rating allows us to achieve an increase in generation capacity
while remaining within the overall project footprint of 10 acres and installing fewer solar modules. Pivot is
also proposing to install polysilicon solar modules instead of the thin film solar modules originally
represented. Polysilicon modules are the industry standard selection and are preferred to thin film products
due to their ease of installation and more environmentally-friendly components. Please note that the final
wattage classification of the modules is subject to market availability at time of construction.
3. Electrical Equipment: because we are siting two S*RC awards onsite, Xcel requirements dictate that each
award have separate and unique locations for electrical equipment such as the utility transformers, facility
switchgear and so on. This will result in the construction of an extra concrete pad on site to house the
equipment. The electrical equipment itself will be as originally conceived.
4. Fencing and Access: operational standards require us to fence each S.RC award separately. As shown on
the attached plans, this will result in each electrical equipment pad being accessed by a dedicated gate
with a delineating fence between the two associated solar arrays. The fence will remain the same as
originally approved (8 ft game fence) and shared street access will be taken along a common easement
leading from the same single access point off River Frontage Road as previously represented. ln order to
accommodate the separate access requirements, the access driveway will be approximately 120 feet
longer than previously considered.
5. lnverter Housinq: The original application showed a typical "housing" that would be constructed over the
inverters with a roof and open sides. The inverters that we are proposing are different in a couple of ways.
Firstly, they are smaller and instead of occupying a central point in the array architecture they may be
distributed across the electrical system in a more modular fashion; for example, they may be mounted on
the end of the tracking rows. Secondly, all inverters are NEMA-rated for outdoor use and the additional
structure is unnecessary. Our plans do not contemplate the construction of custom-made inverter housing.
EXHIB¡T
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6. Equipment painting. Condition g requires all equipment to be painted a non-glare neutral color. To clarify,
ãGlect¡cal eqgipment will be sourced from reliable electrical component suppliers. The equipment on the
pad will be of standard utility grade and rated for outdoor installation and use. As such, these items are
iupplied from the manufacturer with finish colors of gray or green that ale commgnly seen on outdoor
etéitr¡cal equipment. We believe that the standard electrical equipment finish will meet this condition and
are not planning to re-paint these items after installation'
7. Relative Equipñent Häiqhts: Definitive values for the proposed height of electrical equipment are not
@w;however,webelievethattherewillbelittledifferenceinequipment
elevations above fìnish grade. As shown on the plans, the height of the solar array rows will be
approximately 5 feet whén flat; at maximum tilt (early morning or late afternoon),.the highest point of the
sòíar panel will be approximately 8 feet. Elevation of pad-mounted electrical equipment will be
approximately 8 feet.'These dimensions are typical for the use and are not expected to be a significant
departure from the original proposal'
The balance of pivot,s proposed installation is functionally the same as that which was originally proposed. The
project will still track the sun from east to west throughout the day; the rows within the solar array will still be
ãrËnt"o nohh to south; and the project will still occupy the same corner of the lot as originally approved. As..shown
on the plans, the total area w¡thih the perimeter fence will not exceed 10 acres. The proposed equipment will meet
all appiicable utility, State and Federaioperational standards and regulations. When viewed from the street, the
pivoiiacitity wilt bä essentially indistinguishable from the originally proposed project.
Statement of ComPliance
Except where changes discussed above may differ from the technical representations made at the original time o-f
application, pivot isiot seeking relief from any of the original Conditions of Approval listed under Resolution 2016-
S¿. f fre project will comply witñ all applicable-Conditions of Approval. Construction and operation of this Solar
Energy Sysiem will be coñducted in accordance with all applicable Federal, State and local regulations.
We trust that Garfield County Community Development will agree that these design changes qualify as a Minor
Modification to the approved Land Use Permit for this project. lt is our intention to quickly move to complete any
outstanding prior coÅåitions and commence construction on this project in the very nearfuture. We look fonruard to
continued discussions with your office on this topic and stand ready to provide any additional information that would
aid in your review and determination.
Sincerely,
LUKE RICKARD I Director, Project Development
I rickard@pivotenergy. net
D 970.819.2252
Enclosures:
1. Vicinity Map and Site Plan (dated 04.15'2020)
2. Copies of Resolutions 2016-54, 2017-38 and 2019-31
3. Signed Application Form
4. Signed Payment Agreement Form
5. Signed Certification of Mineral Ownership
6. Signed Statement of Authority for DB Solar LLC
7. Signed Authorization Letter from DB Solar LLC
pivotenergy.net