Loading...
HomeMy WebLinkAbout3.0 Staff Report 12.03.07L*c Exhibits for a Public Hearing on Decemb et 3,2OOl - Solar Power Generating Systems Text Amendment tt*'*J/pitd - YWL ,TL -D \,n,-'Q Il]tlrlurl (Ato Z A B Staff Report I Application \ C D tt ?..r /'I Exhibit exntelT PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT/OWNERS: REPRESENTATIVE: BOCC 1210312007 cM 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 ritlResidential/Ru ral Density (AR RD) Colorado RockY Mountain School Balcomb & Green, P'C' (Larry Green) I. BACKGROUND cororado Rocky Mountain schoor (cRMs) has applied for a special Use Permit (sUP) to construct a ground mounted Solar Power Generating System (SPGS) also known as a solar "iir, * in"bnfr,fS."rfrt in Carbondale. Presentty, tl'ris type of system is not listed as a use in any of the County's zoning districts; iherefore, the Applic#t has applied to amend the text of the Zoning Resolution to inc'iude tne use as a special use in the Agricuttural/Residential/Rural Density (ARRD). RJOitionatly, the nppft"nt is pursing a Special ose Permit for their specific proleci concurrently with this proposed text amendment. staff brought the proposed special Use Permit Application to th: Board of county commissioners (BOCC) to determin" it lt should be referred to the Planning commission prior to being heard by the BOCC. The Board decided not to refer the Application but also discussed the possibility of these types of facilities being permitted in other zone districts and also possibly as a Use-By-Right where appropriate. fo thit end, Staff has taken a broader approach to these points as well a-s tf,e speciiic 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 and add its oeiinition to sectio n 2.0 of the county's Zoning Resolution: solar Electric Power Generatinq svstPm. A ground-y.?y!t'.d photovoltaic power generating system aesigned@mori thu, 50kW of energy consisting of some, but not necessarily ail, oi the foilowing components.: Photovoltaic modules; array support structures, including footers; power conversion/ inverler system; balance of system components; aniitpfi, *a2nng ,?d monitoring equipment; acceptable seruice panel ior consur", u"l" of phot-ovoltaic power; AC grid connection; and securitY fencing. Staff understands this use, as proposed by the Applicant, is meant to cover solar array facilities that are large and commercial in nature that create electricity for a variety of consumers rather than for personal use to power a single-family residence or principle use of a lot without commercial gain. However, Staff suggests the definition may be too specific which may result in being too restrictive because it is specific to the particular components on the proposed facility. As an alternative, Staff suggests a broader definition as follows: Solar Power Generatina Svstem. Also referred to as solar arrays, d device/ system which converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility and are not constructed specifically for, or accessory to, the principal use of the subject property. Staff believes this definition provides a broader ability for a multitude / variety of systems that may have varying design techniques to fall under this 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 be included as a Special Use in the ARRD zone district, the Applicant did not suggest any standards / criteria that might be used by Staff and the BOCC to evaluate a project in order to deal with any impacts associated with a project of this type. To that end, the Board is required to address the following provisions so that appropriate standards are also put in place for this use, if necessary: A. The Application shall demonstrate how the proposed project will not impact wildlife and domestic animals through the creation of hazardous attractions, 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 use(s). 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 the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the propefi 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 inbrtere with the existing use of adjoining property or which constitutes a public nuisance or hazard. l. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of I a.m. to 6 p.m. J. Any lighting of the facility shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent propefi. K. Such facilities shall not result in any structure exceeding the maximum height limit, setbacks, or lot coverage of the applicable zone district in which it is located. 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/lndustrial. 3.02fuHlRD--Agricultural/Residential/Rural Densityo 3.O7 C/L--Commercial/Limitedo 3.08 C/G--Commercial/Generalo 3.09 O/S Open Spaceo 3.10 F/L--Resource/Lands (all sub zones)o $. 12 Ul-Light/lndustrialo 3.13 P/A--Public Airport. 3.14 Drinking Water Constraint Zone. 3.15 Commercial Water Constraint Zone III. SOLAR POWER GENERATING SYSTEM FOR PERSONAL USE Staff examined this use as it also applies to Solar Power Generating Svstem for personal use such as solar panels on roof tops of individualsingle-family dwellings and / or principle uses of a lot. Staff believes these types of facilities are non-commercial in nature and personalto the use it serues on the same property. ln this case, Staff finds these facilities should be 3 considered as Accessory Uses / Structures to the Principle Use and would be a use-by-right in all zone districts in the County. There may be building code requirements but no use requirements. The Zoning Resolution already addresses this use as the following: 2.02.011 Accessoru Uses: lncident only to a lavvful use, any use, which complies, with all of the following conditions may be operated as an accessory use: (1) ls clearly incidental and customary to, and commonly associated with a lavvful use; (2) ls operated and maintained under the same ownership and on the same lot as the lavvful use; (3) Does not include structures or structural features inconsistent with a lauvful use; and (4) Does not include residential occupancy except by domestic employees employed on the premises and the immediate families 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 accessory uses / structures. IV. COMPREHENSIVE PLAN LAND 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 etficient design, including solar access. V. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend the Board of County Commissioners approve the following: 1) The addition of "Solar Power Generating System" as a Special Use in s 3.01.03, _3j02:03, 3.07.03, 3.08.03, 3.09.01, 3.10.01, 3.10.02, 3.10. 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 2. J. 4. 3) The addition of the Standards for a Solar Power Generating System to Section 5.00 Supplemental Regulations of the Zoning Resolution. VI. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1 . That the meeting before the County Planning Commission was extensive and complete, that all peftinent facts, matters and issues were submitted and that all interested parties were heard. Such use is appropriate to the physiographic and general environmental character of the District to which it is added; Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added; Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added; Such use is compatible to the uses existing and permitted in the district to which it is added. 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 Gadield County. That the application has met the requirements of the Gadield County Zoning Resolution of 1978, as amended. 5. 6. 7.