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Home My WebLink About2.0 Staff Report 11.14.07ExhibitsforahrblicMeetingonNovemberl4,2aaT_SolarPowerGeneratingSystems - PC 1111412007 cm REQUEST: APPLICANT/OWNERS: REPRESENTATIVE: PROJECT INFORi'ATION AND STAFF COMiIENTS Amend the text of County Zoning Resolution of 1978, as amended, to include "Solar Power Generating Facilities" as a Special Use in the Agricu ltu ri/Residentia l/Ru ral Density (AR R D) 7-oY' \"'-. ocl"tc+ Colorado RockY Mountain School Balcomb & Green, P.C. (Larry Green) I. BACKGROUND colorado Rocky Mountain school (CRMS) has applied for a special Use Permit (suP) to construct a ground mounted solar Power Generating system (SPGS) also known as a solar ;r"y "" tne"cnus campus in carbondale. Presently, this type of system is not listed as a use in any of the Countyb zoning districts;therefore, theApplicant has applied to amend thetextof the Zoning Resolution to inc]ude the use as a Special iJ-se in the AgricutturaUResidentiaURural oensity (Anno). Understand, the Applicant is pursing a special Use Permit for their specific projeci concurrently with this proposed text amendment' Staff brought the proposed Special Use Permit Application to the Board of County commissioners tgobci to determine if it should be referred to the Planning Co-mmission. The Board decided not to refer the Application but also discussed the possibility of these tyPls of facilities being permitted in other zone districts and also possibly as a Use-By-Right where ,ppiopiirt". fo tnrt end, Staff has taken a broader approach to these points as well as the specific text amendment request by the Applicant' II. CRMS PROPOSAL The Applicant proposes to add the following use to the ARRD zone district as a Special Use ano aoo its definition to section 2.0 of the county's Zoning Resolution: Solar Et*tric Power Generatinq $vstem. A ground-ry9y/e-d photovoltaic power ore tnan SOkW of eneryy cansisting- of -somr, Oul not ,rrrs"ality alt, oi the fotlowing componenfs: Photovoltaic modules; affay support structures, includingfooters; Wwercanversion/inveftersystem; balance of system components; ancillafi metering and monitoring equipment; acceptable seruice panet for consu*r, ut. of photovottaic power, AC grid connection; and securitY fencing. Staff understands this use, as proposed by the Applicant, is meant to cover solar anay facilities tnrt "r" large and commercialin nature th-at creaie electricity for a variety of consumers rather than for pjrsonal use to power a single-family residence or principle use of a lot without *rr"r"ial gain. This definition is a goJo definition; however, Staff suggests the definition may G too specific which may result in-ueing too restrictive because it is so specific as to the particulai components. lnihe altemative,-Staff suggests a broader definition as follows: iw;@ia. +^a aubyof ?rWr+\' Staff believes this definition provides a broader ability for a multitude / variety of systems that may have varying design teihniques to fall under ttrii definition with the continued purpose of allowing a system that is intended to create energy from the sun. While the Applicant proposes a definition of the use and requests it b9 included as a Special Use in the ARRD zone di"tri"t, the Applicant did not suggest any standards I ctitenathat might Oe useO by Staff and the BOCC to evaluate a project in order to deal with any impacts issociated with a project of this type. To that end, the Board is rquired to address the folloring provisions so thatappropriate standards are also put in place for this use, if neoessary: A. The Application shatl demonstrate how the prcposed_proiect will not impact witdtife and domestic animals through frre creation of hazardous atttactions, altention of existing native vegebtlon, blockade of migntion routes, use patterns or ofrter disruPtions; B. The Application shalt demonstrab how the prcposed prciectwill impacttttck and auitomobile trafftc to and from such uses and their impacb to areas in the CountY; C. That stffircient distancq shalt separate such use fram abdting propeily which might oilretwise be &maged by operutions of theproposed us4s); Solar power Generatinq Svstem. Also rcferred to as solar atrays, a device / n's radiant energy into thermal' chemical' iechanical, orelectric eneryty. Such facilities arc intendedto crcabel*tticityto be delivered to avanetv ot-consumeftt beyond the facitity and ar3pnt consSycted- sp*ificattyto/$ffie 1s r^wer rincifiilseot ,. rl#::i#ition shat t p,ov ide, i iry" i;;fr,jfrfr2,;:,;L The County Commissionets nay ,q@@t\.t"f a peimitb !=ud.j! required. ihe Applicant shall rumtsn eviEncedih bank commifirent of credit, bond, certified inec1 or other security deemed acceptable by .the County Commissioners in the amount calculated by the County Commissionerc fo secure the execution of the site rehabilibtion ptan in wo*manlike manner and in accordancewith the sp*ifications and construction schedule established or approved by the Cointy Commissionels. Such commitnet ts, bon46 or O County Commissionexli F, G. check shall be payable to and held by the t The Application shatt demonstate that the facility shall be ahle to comply with the volume of sound standards setforth in the Colorado Revtbed Sfatutes. The Application shatl demonstrate that the facility shall be operated that the ground vihration inherentty and rsurrently generated rb not perceptihle, w ithout i nstru ments, at any poi nt of any hou ndary li ne of frte prcperly on which ffie use is locaM; facility shall be operated so as to air quality laws, regulations and u-dtn ,rN y'w ,-o$*r$r@ K L. 6fn. Application shall demonsttate that the 'ft:Wry ZLT,./!;:! att Federat' state and countv The Application shall demonstrate how the proposed facility will be operated so thai it does not emit heat, glare, radiation or fumes which substantially intertere with the existing nse of adjoining prcPerty or which constifutes a public nuisance or hazard. Any opair and maintenance activity requiring the use of equlpment that will generate noise, odors or glare beyond the property boundaries will be within a buitding or outdoors during the houts of I a,m- to 6 p-m-, iton.-Fri. Testinq^and maintenance of standby, diesel generatorc may only occur between the hourc of 7:(N All and 5:(N PM- Any lighting of frte facility shall be pointed downward end inward to the property center and shaded to prevent direct reflection on adiacent proPerty. Such facitities shall not result in any strucfitrc exceeding the maximum heigtrt timit, settacks, or lot covenage of frre applicable zone distict in which it is located. ffifi ,oof mounted,such facilities shatt be angled at the same pitch of the roof to reduce reflection and shatt not exc*d frre roof line af the structurc and shall d,rVo be mounted on non-reflective framing. Based on these standards, Staff suggests that this use be allowed as a Special Use in the following zone districts: o 3.01 A/l--Agricultural/lndustrialo 3.02 A/R/RD-AgriculturaUResidentiaURural Density o 3.07 C/L-CommerciaUlimitedo 3.08 C/G-Commercial/General. 3.09 O/S Open Space. 3.10 R/L-Resource/Lands (all sub zones) c 3.12U1-LighUlndustrial , ^;YIL \a Iot. Examples might include a public schoolor large retailerwhere panelq.are const au fine ro mes are non-conrrnercn, ,n/neit1servesontheSameproperty.lnthiscaSe,Stafffindsthese o 3.13 P/A-Public Airport. 3.14 Drinking Water Constraint Zone. 3.15 CommercialWater Constraint Zone III. SOLAR POWER GENERATING SYSTEM FOR PERSONAL USE Staff examined this use as it also applies lo Solar Power Generatino Svstem for personal use such as solar panels on roof tops of individual single-family dwellings and I or principle uses of facilities should be considered as Accessory Uses / Structures to the Principle Use and would be a use.by-rght in allzone districts in the County. There may be building code requirements but no use requirements. The Zoning Resolution already addresses this use as the following: 2-O2.A71 Accessorv Uses: Incident only to a lawful use, any use, which complies, with all of the following conditions may be operafe,d as an acce$rory use.' (1) ls clearly incidental and customary to, and commonly associated wifrt a lawful use; (2) ls operated and mainbined under the same ownerchip and on the same lot as the lawful use; (3) Does not include stttcfitres or stucfura,l feafures inconsistentwith a lawful use; and (4) Does not include rasidential occupancy except by domestic employees employd on the premrces and the immediate famili* of such employees. As a result, Staff suggests that no action is necessary by the BOCC regarding these personal facilities and that they would exist a use-by-right in all zone districts as aooessory uses / structures. IV. COMPREHENSIVE PLAN I-AND USE GOALS AND OBJECTIVES The proposed text amendment is consistent with the following Objective of the Garfield County Comprehensive Plan: Objective: 2.4 The County should encourage the development of energy fficient design, includi ng solar access. 4 V. STAFF RECOiII$ENDATION Staff recommendsthe Planning Commission recommend the Board of CountyCommissioners approve the following: 1) The addition of "Solar Power Generating System" as a Special Use in Sections 3.01.03, 3.02.03, 3.07.03, 3.08.03, 3.09.01, 3.10.01 , 3.10-02, 3.10.03, 3.10.M, 3.12.431, 3.13.04, 3.14.03, and 3.15.03 of the Zoning Resolution; 2) The addition of the definition for "Solar Power Generating System" to Section 2.00 of the Zoning Resolution; and 3) The addition of the Standards for a Solar Power Generating System to Section 5.00 Supplemental Regulations of the Zoning Resolution. VI. SUGGESTED FTNDINGS TO THE BOARD OF COUNTY COiiilIISSIONERS 1. That the meeting before the County Planning Commission vvas extensive and complete, that all pertinentfacts, matters and issues were submitted and that all interested parties were heard. 2. Such use is appropriate to the physiographic and generalenvironmentalcharacter of the District to which it is added; 3. Such use does not create any more hazards to or alteration of the naturalenvironment than the minimum amount normally resufting from the other u$es permitted in the District to which it is added; 4. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influen@s or more trafiic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added; 5. Such use is compatible to the uses existing and permitted in the district to which it is added. 6. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 7. Thatthe application has metthe requirements of the Garfield CountyZoning Resolution of 1978, as amended.