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STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County plazaBuilding, in
Glenwood Springs on Monday, the 3td day of becember, 20a7 therewere present:
John Martin Commissioner Chairman
Larry McCown , Commissioner
Trdsi Houpt Commissioner
Don DeFord , County Attomey
Jean Alberico . Clerk of the Board
Ed Green County Manager
when the following proceedings, among others w'ere had and done, to-wit:
RESOLUTIONNO. 2o0a_08
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT
AMENDMENT TO THE GARFIELD COLINTY ZONING RESOLUTION OF T978,
AS AMENDED, TO AMEND SECTION 2.OO ADDING A DEFINITION OF SOLAR
POWER GENERATING SYSTEMS, AMEND SECTION 3.02.03 ADDING SOLAR
POWER GE]VEN,qTING SYSTEMS AS A SPECIAL USE, AND AMEND SECTION
5.OO ADDING SPECIFIC STANDARDS
WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of
Garfield County, Colorado, adopted Resolution No. 79-1 conceming a Zorrtng Resolution for
the County of Garfield, State of Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through
30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such
zorung Resolution, and the Board has so amended the said Resolution; and
WHEREAS, on December 16, 1991, the Board adopted a codified version of the
Garfield County ZornngResolution of 1978 and all subsequent amendments; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received an application from the Colorado Rocky Mountain School to amend the text of
the Garfield County Zorung Resolution of 1978 to amend Section 2.00 adding a
definition of Solar Power Generating Systems, amend Section 3.02.03 adding Solar
Power Generating Systems as a Special Use, and amend Section 5.00 adding specific
standards. These requested amendments are shown here:
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Amend Section 2.00 adding the following definition of Solar power Generatins systems:
"Also referred to as- solar arrays, a device / system which converts the sun's radiantenergy into thermal, chemical, mechanical, or electric energy. Such faciiities areintended to create electricity to be delivered to a variety of consumers beyond thefacility and are not constructed specifically for, or accessory to, the principal use ofthe subject property.,,
Amend Section 3-02-03 adding Solar Power Generating Systems as a Special Use; and
Amend Section 5.00 to include the following standards for Solar power Generating
Systems:
A. The Application shall demonstrate how the proposed project will not impactwildlife and domestic animals through the creaiion oi h*urdous attractibns,
alteration of existing native vegetation, blockade of migration routes, use
patterns or other disruptions.
B. The Application shall demonstrate how the proposed project will impact truck
and automobile traffic to and from such uses and their impacts to areas in the
County.
C. That sufficient distances shall separate such use from abutting property which
might otherwise be damaged by operations of the proposed usi(s).
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D. The Application shall provide a plan for site rehabilitation after the use is
terminated
E- The County Commissioners may deem necessary a financial security before a
land use permit is issued. The Applicant shall then furnish evidence of
financial security payable to, in a fashion acceptable, and in the amount
calculated by the County Commissioners. The financial security shall be
adequate to secure the execution of the site rehabilitation plan in workmanlike
manner and in accordance with the specifications and construction schedule
established or approved by the County Commissioners.
F. The Application shall demonstrate that the facility shall be able to comply
with the volume of sound standards set forth in the Colorado Revised Statutes.
G. The Application shall demonstrate that the facility shall be operated that theground vibration inherently and recurrently generated is not perceptible,
without instruments, at any point of any boundary line of the p.op"rty on
which the use is located;
H. The Application shall demonstrate how the proposed facility will be operated
so that it does not emit heat, glare, radiation or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a
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public nuisance or hazard.
I' Any repair and maintenance activity requiring the use of equipment that willgenerate noise, odors or glare beyond the property boundaries will beconducted within a building or outdoors during the houis of g a.m. to 6 p.m.
J' Any lighting of the facility.shall be pointed downward and inward ro theproperty center and shaded to prevent direct reflection on adjacent property.
K' Such facilities shall not result in any structure exceeding the maximum heightlimit, setbacks, or lot coverage or ine applicable zone district in which it islocated.
WHEREAS, pursuant to Section 10.02.01 Text Amendment, the Colorado RockyMountain School may initiate a text amendment to the Zoning Resolution of 197g, asamended, as they are owners of real propefty of the zone disirict affected by the textchange;
WHEREAS, on November 14, 2007, the Garfield County planning Commissionforwarded a unanimous recommendation of approval to it. Boari of CountyCommissioners for the proposed text amendments;
WIIEREAS, the Board of County Commissioners held a public hearing on rhe 3'dday of December, 2AO7 upon the question of whether the above-described textamendment should be granted or denied, at which hearing the public and interestedpersons were given the opportunity to express their opinions ."g*ding the proposed textamendments; and
WHEREAS, the Board of County Commissioners, on the basis of substantialcompetent evidence produced at the aforementioned hearing, has made the followingdetermination of facts:
1.
3.
4.
That proper public notice via publication pursuant to Section 10.04.01 of theZoning Resolution of 1978, as amendea wai provided as required by law for thehearings before the Board of County Commissioners.
That an application for a zone district text amendments was made consistent withthe requirements of Section 10.00 of the Garfield County Zoning Resolution of1978, as amended;
That the Board of County Commissioners is authorized by the provisions ofSection 30-28-116, c.R.s. 1973, as amended, to provide ior ttre approval ofamendments to the Garfield County ZoningResolution; '
That the public hearings before the Board of County Commissioners wereextensive and complete; all pertinent facts, matters and issues were submitted; andthat all interested parties were heard at those hearings.
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5' That the Garfield County Planning Commission has reviewed the proposed zonedistrict text amendments and made a recommendation as required ty Section
10.04 of the Garfield counry zoningResolution of 197g,
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6' The proposed text amendments are in the best interest of the health, safety,morals, convenience, order, prosperity and welfare of the citizens of Garfield
County.
Now, THEREFORE, BE rr RESOLVED by the Board of countyCommissioners of Garfield County, Colorado, that the Garfield County ZoningResolution, adopted by this Board on the Znd day of January , Ig7g, and identified as itsResolution No. 79-1, as subsequently amended by this Board, shall be and hereby isamended and said language will be incoqporated inro. the codified Garfield CountyZoning Resolution adopted by the Board on December 3.d, 2007 as follows:
Amend Section 2-00 adding the following definition of Solar power Generatinq
Systems:
"Also refened to as solar arrays, a device / system which converts the sun,sradiant energ! into thermal, ihemical, mechinical, or electric energy. Such
facilities are intended to create electricity to be deliver)ed to a variety of consumers
beyond the facility and are not constructed specifically for, o, oirirory to, theprincipal use of the subject properfi).,,
Amend Section 3-02.0i adding Solar Power Generating Systems as a Special IIse; and
Amend Section 5.00 to include the following standards for Solar power Generating
Systems:
A. f!--lplication shall demonstrate how the proposed project will not impactwildffi and domestic animals through the creation oi hizardous attracions,alteration of existing native vegetation, blockade oj migration routes, usepatterns or other disruptions.
B. The Application shall demonstrate how the proposed project will impact truck
and automobile traffic to and from such uses and their impacts to o)ro, in the
County.
C. That sufficient distances shall separate such use from abutting property whichmight otherwise be damaged by operations of the proposed urr(ri.
D. The Application shall provide a plan for site rehabilitation after the use isterrninated.
E' The County Commissioners may deem necessary a financial security before a
l^and use permit is issued. The Applicant shall thinfirnish evidence if Snanciat
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security payable to, in afashion acceptable, and in the amount calculated by thecounty commissioners' The financial seiurity shall be adequate to secure theexecution of the site rehabllilation plan ti iir*manlike rnanner and inaccordance with the specifications and construction schedule established orapproved by the County Commissioners.
F' The Application shall demonstrate
^tha!
the facility shau be able to comply withthe volume of sound standards setforth tn tile Ciioroao Revised statutes.
G' The Application shall demonstrate that the facility shall be operated that theground vibration inherentry ood ^rnrrrrniiy'g;neratea is not perceptibre,without instruments, at any point of any nrooiorfi-ioe of the property on whichthe use is located;
H' The Application shall demonstrate how the proposedfacility wil be operated sothat it does not emit heat, glare, radiation oi f"*nr *hich substantially interfere
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L Any repair and maintenance acfivity_ requiring the use of equipment that willgenerate noise, odors or glare beyond thi prapirty boundaries will be conductedwithin a buding or outdiors during the iou)s oj t o.,*. to 6 p.m.
J' Any lighting of th-n lacilfu shalt be pointed downward and inward to thepropefi center and shaded to prevent direct refrection on adjacent property.
K' such facilities shall not result in any structure exceeding the maximum heightlimit, setbacks, or lot coverage oy ine appUc:anie irnn ahtrtct in which it islocated.
^+LDated this ? '-' oay oftauaaas_ A.D. 200g.I
ATTEST:
Upon motion duly made and seconded
the following vote:
GARFIELD
BOARD
COMM
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COUNTY
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@11151zQ@A @4:29:16 Pl1 Jean Alberico6 of 5 Rec Fee:$0.00 Doc Fee:@.OA GnRFIELD COUNTY CO
Aye
, Aye
STATE OF COLORADO
County of Garfield
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)ss
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Aye
affixed the seal of
A.D.2008
I, , County Clerk and ex_officio Clerk of theBoard of County Commissioners in and for the County and State aforesaid do herebycertify that the annexed and foregoing Resolution is truly copied from the Records of theProceeding of the Board of County Commissioners for iaia barfield County, now in myoffice.
IN wmNESS WI{EREOF, I have hereunto set my hand and
said County, at Gienwood Springs, this day of
county clerk and ex-officio clerk of the Board of County commissioners