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HomeMy WebLinkAbout4.0 PC Staff Report 09.10.2014Planning Commission — Public Hearing Exhibits Clean Energy Collective Major Impact Review Applicant is Mary and Rick James September 10, 2014 (File MIPA-7900) V. ecc #.704o c/ 4p/7,- Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Return Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Staff Presentation 10 Referral Comments from Mountain Cross Engineering (dated August 13, 2014) 11 Referral Comments from Garfield County Road and Bridge (dated June 19, 2014) 12 Referral Comments from Garfield County Vegetation Management (Dated August 24, 2014) 13 Referral Comments from the Carbondale and Rural Fire Protection District (Dated August 25, 2014) 14 Referral Comments from Garfield County Public Health (Dated August 26, 2014) /---7.,,,,,, I Lr v C/C' i `5rl_5V F//, s��1 Wil„ e/ cA PC 8/10/2014 File No. MIPA-7900 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Land Use Change Permit - Major Impact Review for a Solar Energy System, Large (greater than 500 kilowatts). APPLICANT — PROPERTY OWNER Mary and Rick James OPERATOR / UTILITY Clean Energy Collective / Holy Cross Energy ASSESSOR'S PARCEL # 2391-303-00-007 PROPERTY SIZE The Site will be approximately 11.541 acres on an overall tract of approximately 35 acres. LOCATION ACCESS EXISTING ZONING The property is located at 4003 County Road 100, approximately 5 miles east of the Town of Carbondale, in the Section 30, T7S, R87W. The facility is accessed by County Road 100 and a section of private roadway maintained by Clean Energy Collective. The property is zoned Rural I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Major Impact Review for an 11.541 acre 1.7 MW solar array within an overall 35 acre parcel. The site is currently vegetated with sage and other natural vegetation and is directly to the east of the former Carbondale landfill site. The energy created from this facility is to become part of Holy Cross Energy's power supply for the local service area. The Applicant explains that "the panels are owned by citizens and businesses of all sizes within Holy Cross Energy's service area. The power produced by the purchased panels is then credited against the electric bill of the purchasers of panels on the array." The site is to be unmanned with maintenance crews going to the site approximately two times per year by standard sized pickup trucks. The proposed panels are to be a single axes tracking system that will sit about 4-6 feet high from grade to the top of the panels. The panels will rotate east to west with the sun to maximize solar gain. Limited site grading will be necessary although the existing vegetation will need to be cleared. The ground around the panels is to be mowed to 1 about 4" while disturbed areas are to be reseeded with a native short seed mix. The site is to be surrounded by a six foot tall security fence with a locked gate. All internal wire connections are to be underground. Two inverters are prosed within the project area that will convert the produced DC energy to AC energy ready for the power grid. The power is to be tied to the grid by a 3-phase line on the western portion of the property near the former Carbondale landfill. The project is to be built in one phase that will last between 12 and 14 weeks. The site is not readily visible from any public right of way and is substantially shielded from public view by topography and vegetation. Vicinity Map SUNNY SIDE RANCH COMMUNITY SOLAR GRDE VICINITY MAP 2 .3Alt )3110D4 X5.101.13 MOD Location Map M3lAb3A0 NVld 3113 5,..c 01 Ad YIAISAS 01V110A01014d 2,1.1114311 mw,"I h3ONVO ?MOS A LINCININCO HONVH 30IS ANWIS 0,1,14 .0;;11 1 a- 3 Proposed Site Plan 11101111,1 lllll 411111.11 11111 101111011111111111 11 111114011/ 4/1111011111. 111111111111111114/111 111,111111. 11111.411 •4111111111411/ 011101 0,0110 01104101111 1111101411111410111111 111110011111/111111140 11111111111011411111111 11141114 1111111 114111111111011111101 1014110.1111114100.1 1110111.111111111011111 111110111.11111111 OJ 0,11114 40111141111.11 11.11111111111111111/111 01 111111111111 1141014 411114 111111 11141111 41/114 11/1111 1111. 11111,111UP 41101 v11010011411111141111 1111101 /111111111110 11111111114 „ 1114.,,,,.„,,.,,,,,,4 n1/11111111441111141111 141111114 ,,,,,,,,.,, 111110.111 111130111111111111114 14111111.111111111111110 1110/11111111111111101 4011e /1111, 101104 111114 tl 1111-111111111110•11111, 4.0-. oion Anil nn4.000014. 00111114 411111101111 1111111111110111110111111 001111111411110111110 1 111111111111401111 011111 1101111441111114111111 111111.11111011111110111111 11111111111110111 111111111 11111110411111011111111 111141111 lllll 111101 11011111n 111111411111. 111.0111 111141111.11111/ IN 1 lllll 0111114/1114 011010111 4111101111111 4 Panel Elevation Profile SNOLLVA313 NOV2I *moo ftn, w'nwowra MAI Moat fwNw» ,afar L"£ Ad N13ISAS 0IV11OAO1OHd sow/ N30200 11Y1OS ALIN(1WW0a HONVa 3015 ANN(IS SCALE: 318" = 1-0 5 isNoLipmermy- itgaMeieLl wing I N9,530 I NV105 imastons 4 w U A6Jau3 ueao ,A I Equipment Pad Elevation 31,00 hOIL/Ps:0113 SNOILVATI1 OYd IMIldill03 Z'C Ad M. CO TIVOKOKI .17.1.11,1111...14.1.. VOISAS OIVIVA010Hd NXIIND WIOS AlltirIVONO3 HONVII 3S ANWIS 02,1196 OL4 um" 931.1.27.11.KLI.M...M..49.9 o 151 I v I Cei r, i 6 View of Subject Site from Internal Access Road, Looking Southwest View of Subject Site and Perimeter Access Road 7 View of Subject Site, looking Northeast View of Access Road 8 View of Access from CR 100 II. LOCATION - SITE DESCRIPTION The 11.541 acre subject site, located within a larger 35 acre tract, is generally comprised of native sage brush and grasses and slopes gently to the southwest. There are very few trees within the subject site. The old Carbondale landfill is directly west of the property. Although the site is generally open and proximate to Highway 82 and County Road 100, it is substantially screened from public view by topography and treed vegetation that is proposed to remain in place. There are no water bodies in or near the subject site. The owner of the property has some sheds and barns on the property and it is understood that they intend to move onto the property permanently in the near future. Both the home and the solar array would access County Road 100 at the same location. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Planning Commission's public hearing in accordance with the Garfield County Land Use and Development Code as amended. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See Exhibits 10) 9 • Comments from Mr. Hale indicate that he needs additional information which addresses increased runoff and drainage from the impervious areas created by the solar panels. 2. Garfield County Road and Bridge Department: (See Exhibit 11) • Comments stated that the driveway is existing and is exempt from needing a driveway permit. In addition, the driveway currently meets Road and Bridge standards. 3. Garfield County Emergency Management • Comments have indicated that Emergency Management has no comments on the proposed development. 4. Garfield County Vegetation Manager: (See Exhibit 12) • Noxious Weed Management and Revegetation Plan are acceptable. • Proposed seed mixes are acceptable. • No revegetation security is required (less than % acre threshold). • Recommends treatment of Scotch Thistle and Whitetop infestations prior to project construction as they can be effectively treated in the late summer and early fall. • Recommends confirmation of treatment to the Vegetation Management Office by October 31, 2014. 5. Carbondale and Rural Fire Protection District: (See Exhibit 13) • Bill Gavette of the District reviewed the application and has indicated that he has no issues with the proposed development. 6. Garfield County Public Health: (See Exhibit 14) • Noted the public health benefit to using solar energy. • Encourages the use of BMPs as outlined in the Weed Management and Revegetation Plan to reduce dust after construction has been completed. 7. Other agencies that did not submit comments include: (a) the Colorado Department of Public Health and Environment (Water Quality Control Division and Air Pollution Control Division), (b) Colorado Parks and Wildlife and (c) Holy Cross Energy. IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1101 Solar Energy Systems. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 10 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Rural zone district. The Comprehensive Plan 2030 designates the site as RM (Residential Medium Density). Excerpts from the Land Use Description Section Chapter 2 and Section 10, Renewable Energy are provided below. Chapter 2 — Land Use Designations Residential Medium (RM): Small farms, estates, and clustered residential subdivision; density determined by degree of clustering and land preserved in open condition: 0% open land - 1 du per <10 acres 50% open land - 1 du per 8 acres 70% open land -1 duper6acres Density of residential uses: 1 du per 6 to < 10 acres Section 10 — Renewable Energy Vision Garfield County has encouraged the development of renewable energy sources throughout the county and has ensured that generating facilities are located in appropriate places in the county. The county has also ensured that county regulations are not unduly burdensome or difficult to negotiate in regards to the development and location of new renewable energy resources. Issues There are incentives to explore alternative sources to conventional energy for the benefit of individuals, communities, and the county as a whole. There is potential that alternative energy is a tool for economic diversification. It is likely that the individual and largescale use of alternative energy will become more prevalent in Garfield County and the county needs to anticipate visual and other impacts. Goals 1. Promote and encourage the development of renewable energy resources within the county. 11 2. Encourage the implementation of energy efficient site design and building orientation in development proposals. 3. Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual quality. Policies 1. The county encourages the development of energy efficient building design and the use of alternative energy sources. Strategies and Actions: 1. Continue to develop county standards for renewable energy installations. 2. Encourage current, and require future, POA/HOA's to adopt local standards to promote and allow for renewable energy technologies to occur within their subdivisions. 3. Evaluate the viability of various renewable energy resources within the County. Develop appropriate mechanisms to encourage their development. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The Application has also provided information indicating the character of the area and adjacent land uses. The request demonstrates general compatibility with adjoining uses that are primarily residential, agricultural and industrial in nature. 7-104 & 105: Source of Water & Waste Water Systems The Application represents that the facilities will be operated with minimal staff activities. The site will be unmanned with visits to the site one to two times per year for maintenance and inspections. Potable water and portable toilets are proposed to be onsite during construction, which is expected to last between 12 and 14 weeks. 7-106: Public Utilities No public utilities are required for operation of the facility. The power generated from the facility will be dedicated to the Holy Cross electric grid. This power is to be brought to the facility in a 3-phase line from the east of the site. 12 7-107: Access & Roadways The Applicants access their property from County Road 100 via a 0.5 mile long access road maintained by the Clean Energy Collective. The submittals include general descriptions of the roadway as currently in use and indicate that the access road meet the standards as outlined in Section 7-107. The Applicant submitted a Basic Traffic Analysis that indicates that the site will have a traffic demand of one round-trip (2 ADT) of a light vehicle (pickup truck) per month, at most. Anticipated long term traffic demand is one round-trip of a pickup truck every 6 months to a year. The traffic study indicates that the first week of construction will have average daily trips between 16 and 24. Installation of the facility will have an average daily trip count of 20 to 28. The majority of the trips will be light vehicles while between 2 and 4 heavy vehicle trips will access the site daily during the construction period. 7-108: Natural Hazards The Application provides mapping information on natural hazards including information on soils, geology, and slopes associated with the site. The information supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Application states the following regarding fire protection, "Solar facilities are constructed of non-combustible materials and pose very little threat to start a fire. CEC will work with the fire protections district to insure the access is acceptable and all other fire district requirements are met." The Application was referred to the Carbondale and Rural Fire Protection District who has indicated that they have no issues with the proposal. 7-201: Agricultural Lands The current property is not currently in agricultural production. In addition, the facility is not expected to have negative impacts on any adjacent agricultural lands or operations. 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat analysis completed by Colorado Parks and Wildlife (CPW). The analysis concluded that "Given the relatively small scale of the project (11.5 acres) and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife." No threatened, endangered, proposed, candidate or other sensitive species were noted to occur in the project area. CPW did express concern about the initially suggested perimeter fencing that included 6 ft. high chain link fence with barbed wire along the top. The analysis from the CPW states that such a fence "will create a dangerous obstacle for mule deer and elf who attempt to jump the fence. Entanglement in the top strands of barbed-wire can be lethal 13 to animals attempting to access the relatively untouched vegetation within the fenced area. CPW recommends using an eight foot high fence and marking the top with strands of barbed wire with flagging or other highly visible material to discourage deer and elk from jumping the fence." Staff understands the Applicant is now proposing a 6 ft. high fence without barbed wire along the top. As it appears that CPW did not review the final plan for the perimeter fencing, Staff recommends a condition of approval that the design be accepted by CPW prior to issuance of the Land Use Change Permit. CPW also recommended a set of Best Management Practices (BMPs) for the project. As a condition of approval, Staff recommends that the Applicant be required to operate in accordance with these BMPs. The BMPs as outlined by the CPW are excerpted below: Recommended BMPs 1. Complete the bulk of construction activities outside the time period of December to April 15 to reduce disturbances to wintering animals. 2. Limit post construction site visits to the hours between 10:00 a.m. and 3:00 p.m. between the months of December and April. 3. Ban workers and contractors from bringing dogs on site during the construction period. CPW has had problems with worker's pets harassing wildlife in the past. 4. During the construction phase, all garbage must be kept in a bear -proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. 5. Conduct surveys and treat invasive weed species both prior to construction and after construction has been completed. Eliminating any woods before disturbing top soil will help reduce the spread of invasive species. Also, an effective weed monitoring and treatment plan should be implemented after completion of the project. 6. If reseeding of any disturbed areas is required after construction, use a mix of native grasses, forbs, and shrubs to optimize the ecological site and reduce the spread of non-native species. 7. If the expected disturbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. A study of the site conducted by em ecological, LLC, identified several noxious weeds on the site. Some of the noxious weeds identified include Cheatgrass, Bulbous Bluegrass and Scotch Thistle. The study also identifies strategies for managing the noxious weeds on the site. Staff understands that the Applicant will be leaving much of the sagebrush in place to help control the cheatgrass and will also employ other mechanical and chemical control measures as well. The Garfield County Vegetation Manager, Steve Anthony, has reviewed the submitted Noxious Weed Management and Revegetation Plan and has found it acceptable along with the recommended seed mixes. Mr. Anthony does recommend treatment of the identified Scotch Thistle and Whitetop with confirmation of treatment by October 31, 2014. Staff recommends a condition of approval requiring that the treatment be confirmed within to the satisfaction of the Vegetation Manager no later than October 31, 2014. 14 Weed Inventory Map of Subject Site Plant Community / Weed Map Plant Species Property Boundary * ScotchThistle SagebnishJChoatgrass! Bulbous Bluegrass Scotch Thistle IMO Bulbous Bluegrass rr Whtetop j Sagebrush/Cheatgrass Sunny Side Ranch Comnnmity Solar Garden Photovoltaic System ewl0gk4l to rehintittertOtITC4 consvttln9 p,s, bow 1990 admit*, co a1623 470.14&4&57 •a. 7-203: Protection of Water Bodies The site location is not in close proximity of an active water body. The nearest water feature is the Roaring Fork River which is located approximately 4,000 feet from the subject area. Due to this distance, impacts to water bodies are not anticipated. 15 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a report from Enertia Consulting Group, LLC indicating that a total of 0.23 acres will be disturbed for the access drive, foundations for the solar array system, two transformer pads and two inverter pads, and for the below grade electric transmission line. This report also indicates that "The project does not require clearing, grubbing or grading of the existing ground surface." The report also states that "Of the disturbed areas, only 7,250 sf. (650 sf. — concrete pads and 6,600 sf. Access drive) will result in a decrease in ground surface perviousness. In accordance with CDPHE storm water management and grading requirements, land disturbance and earth movement thresholds are not met since the total disturbance is less than 1 acre. Further, since less than 10,000 sf. of the ground surface will decrease in perviousness, Garfield County storm water runoff thresholds are not met" (Section 7-204(C)). In addition, the Applicant has provided a topographic map of the subject site that demonstrates overall positive drainage on the site. Staff understands that vegetation on the site will be taken down to about 4" and will leave the root structures of the sagebrush and other vegetation in place. This will help control some noxious weeds, help prevent erosion and aid in the reestablishment of the vegetation community. The application was referred to Chris Hale of Mountain Cross Engineering, Inc. (See Exhibit 10). Mr. Hale stated that "The Applicant should address increased runoff and drainage from the impervious areas created by the solar panels." As a condition of approval, Staff suggests that the Applicant address Mr. Hale's concerns. 7-205 Environmental Quality Any hazardous materials onsite are required to be installed and labeled in accordance with applicable local, state and federal laws. Such labeling and signage is required in accordance with the International Fire Code (IFC) and International Building Code (IBC). In addition, in accordance with 7-1101(A), the Applicant shall sign the perimeter of the site warning of electrical shock. The facility will not generate air emissions except for those typical of motor vehicles accessing the site. To this end, the facility is not expected to impact air quality and does not require a permit from the CDPHE. 7-206: Wildfire Hazards The facility is located within a "very high" wildland fire susceptibility designation according to Map 7 of the Garfield County Community Wildfire Protection Plan. In response, the Applicant is proposing a cleared access road around the perimeter of the facility to act as a fire break as well as limiting internal vegetation to low growing plants. 16 The Applicant also states the following: "The solar facility has a very minimal chance of igniting a wildfire. Should the surrounding area catch fire and spread to the solar facility, the racking and panels will melt rather than provide fuel to the fire. The existing drive should provide adequate access for the fire department." The application was referred to Bill Gavette at the Carbondale and Rural Fire Protection District who has indicated that he has no issues with the proposal. 7-207 Natural and Geologic Hazards See Section 7-108, above. 7-208: Reclamation The Applicant has proposed minimal grading to the site and is proposing to maintain as much of the sagebruch community as possible by mowing (as opposed to grading) the vegetation down to 4" and leaving the root structures in place. The Applicant has proposed a seed mix and weed management plan that have been referred to Steve Anthony of Garfield County Vegetation Management. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent with and compatible with surrounding land uses, including the neighboring old Carbondale landfill, nearby gravel pit and surrounding agricultural and residential uses. The site has very limited visibility from any neighboring property or public vantage point as demonstrated in the application and through a Staff site visit. Adequate parking and loading are available for this use. 17 View of Clean Energy Collective Array from Catherine Stone Road -Visual Reference Point # 2 7-303: Landscaping The site is substantially shielded from the public view due to topography and natural vegetation. The Applicant is proposing to maintain as much native vegetation as possible and reseed disturbed areas with a natural, drought resistant seed mix approved by the Garfield County Vegetation Manager. Due to the limited ability to view the site from any public vantage point, Staff feels that the facility will be adequately screened. 7-304: Lighting The Applicant has indicated that limited lighting will be used onsite. This lighting will consist of a small lamp in each of the inverter cabinets. In accordance with the LUDC, this lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan including areas adjacent to the proposed solar array area are available for snow storage. 18 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal and surrounding uses. 7-1101 SOLAR ENERGY SYSTEMS The Applicant represents that the facility will comply with all the Solar Energy System Standards contained in Section 7-1101. The following summary addresses the applicable provisions. A. Signage The facility is required to have signage around the perimeter warning of electrical shock. As a condition of approval, Staff suggests requiring that the facility be appropriately signed on the perimeter fencing that warns of electrical shock. B. Solar Energy Systems, Accessory As a Solar Energy System, Large, this section is not applicable to this facility. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS No supplemental materials were submitted after the application was determined Technically Complete. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission 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. 19 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. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Planning Commission consideration. 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Planning Commission. 2. 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. 3. The facility shall follow the Best Management Practices (BMPs) as recommended by Colorado Parks and Wildlife, as outlined below: a. Complete the bulk of construction activities outside the time period of December 1 to April 15 to reduce disturbances to wintering animals. b. Limit post construction site visits to the hours between 10.00AM and 3.00PM between the months of December and April. c. Ban workers and contractors from bringing dogs on site during the construction period. d. During the construction phase, all garbage must be kept in a bear -proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. e. If the expected disturbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. 4. The Applicant shall control fugitive dust during construction and operation of the site as outlined in the BMPs of the Weed Management and Revegetation Plan. 5. Signage around the perimeter of the facility warning of electrical shock must be installed. 6. 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. 7. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. 20 Conditions Prior to Issuance 8. The final design of the perimeter fence shall be reviewed and approved by Colorado Parks and Wildlife (CPW). This design and acceptance by CPW shall be provided prior to issuance of the Land Use Change Permit. 9. 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. 10. The Applicant shall conduct a fall treatment of the identified Scotch Thistle and Whitetop infestations. Satisfactory confirmation of treatment shall be submitted to the Vegetation Management Office by October 31, 2014. 21 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. E3My application required written/mailed notice to adjacent property owners and mineral owners. 4z/27 Mailed notice was completed on the 23 day of duly , 2014. Riv77 All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. 01 All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list} ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. ie' Notice was published on the 31 day of July , 2014, ■ Please attach proof of publication in the Rifle Citizen Telegram. El My application required Posting of Notice. St Notice was posted on the 9 day of August , 2014. (Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Richard L. Miller, AICP Signature: Date: 8-20-2014 , or Ad Name: 10407773D Customer: Clean Energy Collective Your account number is: 3809793 PROOF OF PUBLICATION THE !<IFL CITIZEN TELEG !�_ i1�1 STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/31/2014 and that the last publication of said notice was dated 7/31/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 08/14/2014. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 08/14/2014. s9 � amela J. chultz, Nota ublic My Commission expires: Publish in the Citizen Telegram and the Glenwood Post independent July 31, 2014 November 1, 2015 My Commission Expires 11/01/2015 PUBLIC NOTICE TAKE NOTICE that Rick and Mary James, has applied to the Planning Commission, Garfield County, State of Colorado, to request approval for a Land Use Change Permit on a property situated in the County of Garfield, State of Colorado; to -wit: Leaal Description: Tho Landrnhwad 10 herein is loaded inthe Conn g of Conte/6,Srueof Colorado,end described as fo0awe: 1 P tel eland sand t, e Dore of tend as dedri6ed in Recapdon No. 817680 of the Donald County Clerk kid Recorder, ataoknown as Puce) No. 2391.303-00.006, aha beings/tuned in SWU4 Srafa, 30,Towoahlp 7Soun, Range 87 Wen, of the 4th P.M., saki pereef holes snore psdlwlady described es follom; Beghmfoo at a paint on a dna whoa the WU4 of gold Section 30,1'.73.,11.37 W, of death found 3I9" Oat lnld County Surveyor Blas Cep an a^_ 94" bonpin0. marked 1/4 Section 30, T:7S, R.87W., ofthea& P.Id. & Scallop 23, T.7S., R. 8SW..afthe 601 P.M.. 1963 bears N2730'47'9/ e disfaaca of 539.10 fort; lienee 9 01°S6'40'W ad€stance of613.28 tea; Thane N18°032019 • dtatentoof 16325 fret;, Thence S 394943'W • Mona of 134,36 ted; T7encoN 01°3621T a dlaunec of 49.82 the Theme N 88°0.71619 a dlnance of 743.85 fat 140plnlou the westerly lino of odd PetaoI l 2391. 30306.006; Thence along aid wet IIno S 0090'41'B a dlitaonaof4083) het to a point In the carer crane Bee in Ditch; Thence along the cedar ofrold ditch Olt following Wadi (13) warder S 76'20'46"B a distance of 39.17 fah S 69°21'46T a distance of 137.13 fad; 5 74°0913"E a distance of 8743 feel; S 82°3446"E a dinenoe of 43.31 rah S 71°3337°E a distend of 74.67 Chet, S 83'33'55'E a distance of 11393 teal; N 87°2733°0 a dlolunceof 81.84 ed; N 64'5300'8 a distance ofail kis; N 63'361)211 a defend of 176.33 hey N 89'321713 a d sans of 241.55 fedi S 1444'31°E 'distend, of 117.31 fkst: N 88°5016'2 'Aland of 132.57 fed; 1482°0923"B a distend of37.01 fedi N 75'0929°E o dixaneo of 77.33 feet; Thence /caving the calm titch P406133°J2"2 a distance of 19056 red; Thence N24°062713 4 dstan o of 203.27 feet Thence N OP]V0313 a dfneat of 1.37 fan; Thchco N t9`311'37'W a distance of 35,16 fel; ThencnN00°29'II6•E a dame of 131.09 fed; Thence S 89'41'388 a dtk°w, of 36.71 ken; Thence N00° 049011 a dlsww0 of 149.82 ha:; Thence S 39°41'99"0 a derma 456.71 tan; Thence) 00°04.tl"6a detano of 149.32 6100; ,Lienee S 8930'76°8 eaten= 433.62 Pkv; Thong N00°2900.6aammo of 130,00 fed; llama 3 89°3681'8 a dlrisna of 608.61 feat to a point on the northwesterly Awghtof Wny One of County Road; Then etas add Rightof Waytha following four (43comaes 143.40 fit along tiro are ora oon.nangent moo to the right having a 14du3 of 1354.05 fad, he chord of which bars N 34°48'13'1 a dteana of 147.34 req Thaw N 40'3l42°8 adbtance of 9615 0061; Thence N 40° 341T23a dbacce of 69.19 feet Thooco 123.44 fort dons N, doafa aura tote tight having a radios of 673.24, ale shad efohieh bad N 40°36'0218 a distance of 125.26 tea; TOdnco N 90'0000"00 • dfounce of -1012.21 feet Theriot S 00°00'00°W a dinar* of 182,20 fat; Thane N 90.Oae0'W a dig mar of 646.44 feet to the point of beginning Practical Deserivtion: 4003 County Road 100, Carbondale, CO 81623, 5 miles east of the Town of Carbondale within Section 30, Township 7 South, Range 87 Wast of the 6th PM. The property is also known by Assessor's Parcel No. 2391-303-00.037, Project Description: This is o Major Impact Review Land Use Change Permit for a 1.7 MW commcrciat solar energy system on appmximately L1.54 acres owned by Rick and Mary James. The overall property is approximately 35 acres. The Property k zonal Rural. All persons affected by the proposed plan are invited to appear and state their views, protest or support. If you can not appear personally at such hearing, then you are urged to stale your views by letter, as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to recouuuend that the Board of County Commissioners grant or deny the request. The application may bo reviewe:i at the office of the Planning Department located at 108 Otto Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.nl. and 5:00 pm., Monday through Friday. A public hearing on the application has been scheduled for Wednesday, September 10, 2014 at 6:30 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. 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Ate; or PO Box No. 8423 Otly.SOJI8. 21P44 See Reverse or InstructIonS U.S. Postal Service,' CERTIFIED MAIL:, RECEIPT (Domestic Mail Only; hfo Insurance Coverage Provided) For dilliVe -11dOrmatIon visit our wobsite at www.usps.conla 4199M2965 A Pantsega Certified rofi Return Receipt Foe (Endorsement Required) Restricted Delivery Pea (Endorsement Required) Total Postage & Fees -Sent To $0.49 $3.30 $2.70 $0.00 $ $6.49 07 2)64/A49 taw, Apthx; Or PO Sox No //;:9 City, Stale, 202t440 Q4JJ AE3,fz> 4;3 gle"P 8aj PS Form 3600, August 2006 See Reverse for Instructions U.S. Postal Service, CERTIFIED MAILT RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our websiteat www,usps.cont, • Return Receipt Fee (5ndoiseinern Required) • Resuioted Delivery Pee (Endorsement Required) 3 A L. 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Article Addressed to; ;?/L 0/7z / COMPLETE THIS SECTION ON DELIVERY A. Signature X TJj2f B. Received by ( Printed Name) 'IT -Agent CY Addressee C. Date of Delivery D. is detMery address different from item 1? 0 Yes if YES, enter delivery address below: 0 No 3.80IVIce ijipe ,......._.. MI Certftred Mali Ex ass Mall C7 Registered L�(TReturn Receipt for Merchandise Q Insured Mair ]C.O.D. 4. Restricted Delivery? Odra Fee) 0 Yes 2. 7013 1710 01101 4723 5341 Domestic Return Receipt to25g-02.4.1540 Form 3811, February 2004 tl Complete items 1, 2, and 3. Also complete (tern 4 Is Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ▪ Attach this card to the back of the mailplet:, .rirron the front if space permits. fe Addressed to: 9s cou o ' y",r>v- /r/z_ '/"/ 4e o 6)/6V3 COMPLETE THIS SECTION ON DELIVERY A Signature x rerAgee 0 Addressee R Received Plated by (PN d OQ Namf) C. Date of Delivery D. is delivery address different from item i? 0 Yes 1f YES, enter delivery address below; 0 nto 3. Service 1Ype ti Ce tlfied Mail 0 Express Mail C3 Reietens! Return Receipt for Merchandise insured Mail -c o.D. 4. Restricted Delivery? (airs Fee) 0 Yes 7013 1710 0001 4723 5365 "k 'S Form 3811, February 2004 Domestic Return Receipt. SENDER: COMPLETE THIS SECTION ■ Complete items 1, ,, and 3. Also complete item 4 if Restricted Delivery is desired. If Print your name and addreee On the reverse so that we can returnthe card to you. • Attach this card to the back of the mallpfece, or on the front if space permits. 1. Artivie Addressed to: 1 ti PAS,/o.€ 8/6Z 3 2. Article) 7013 1710 0001 4723 {Ttans(a t02o95.02-M-1541 CohrPLETE THIS SECTION ON DELIVERY X Et. Received by (Printed Na O .. `'skew D. fs delivery address di ferekti if YES, enter delivery addivt C. apte of D N 3. Service Type 1 Certified Malt Express Mail © Registered Return Receipt for Merohandite 0 insured Mail O.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 5273 PS Form 3811, February 2004 Domestic Return Receipt • 102595-02:M-1540 w Itt4 X 00 ri x - DER: COMPLETE THS _ T r c5. 0 eo ; v 0012 a2 sv vFo m -a ▪ a DER: COMPLETE THIS SECTIO d X ai r P 2 .�t LQ \)\ 0140 110 a 4 co tot I III o r5.0Q N M � a '.4 b • E SENDER: COMPLETE THIS SECTION N Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. f Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiecc, or on the front If space permits. 1. Article Addressed to: ,L;),4/4/./9 - s uA:- //,%7 a&,V??/ 44.4' //3 g/6 23 COMPLETE THIS SECTION ON DEL!VCnv A X a Received by Printed Name) r ti Agent Addressee C. Date of Delivery different fnrn Prem 1? D Yee eel address befo C] No 0 a Certified Mail t Express Mall CI Registered ( Return Receipt for Merchandise E3 Insured Mail 0 C.O.O. 4. Restricted Delivery" (Extra Feel CI Yag 2. ArticleNu� 7013 1710 000147235050 (Transfer t PS Form 3811, February 2004 Dom®sttc Return Receipt 102505.02.4.1540 ; EXHIBIT August 13, 2014 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Sunny Side Ranch Solar Energy Array: MIPA-7900 Dear David: This office has performed a review of the documents provided for the Major Impact Review application of the Sunny Side Ranch Solar Energy Array. The submittal was found to be thorough and well organized. The review generated the following comment: • The Applicant should address increased runoff and drainage from the impervious areas created by the solar panels. Feel free to call if you have any questions or comments. Sincerely, Mo . nta. Cross Engineeri is Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com EXHIBIT Garfield Coun To whom it may concern The address 4003 County Road 100 Carbondale, Co. 81623 Road & Bridge %l June 19, 2014 The said address is exempt from getting a Driveway Permit from Garfield County Road and Bridge because it is using an existing driveway. This driveway currently meets Road & Bridge Standards. Any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/District 1 (970) 945-1223 Office (970) 945-1318 Fax. August 24, 2014 EXHIBIT (2 Garfield County Dave Pesnichak Garfield County Community Development Department RE: Sunny Side Ranch Solar Garden MIPA-7900 Dear Dave, Thank you for the opportunity to comment on this permit. Veketatiaz fl1anaL entent The Noxious Weed Management & Revegetation Plan are acceptable. The proposed seed mixes are acceptable. The amount of surface area disturbance falls under the County's current threshold of 1/2 acre in which a revegetation security would be required. The Weed Map submitted by the applicant indicates the County listed noxious weeds, Scotch thistle (Onopordum acanthicnn) and Whitetop (Cardaria draba) located outside the project area but on parcels owned by the applicants. The map is attached to this letter. Both infestations are adjacent to roads that service the ranch and will ultimately service the project area entering from the north. There is a smaller patch of Scotch thistle indicated just to the east of the project boundary also on property owned by the applicant. Staff recommends a fall treatment of the Scotch thistle and whitetop infestations prior to project construction. Both weeds produce fall rosettes and may be treated effectively in late summer and early fall. Please submit confirmation of treatment to the Vegetation Management Office by October 31, 2014. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 Plant Community 1 Weed Map Project Boundary Plant toopies --- Property Boundary Sq$,t)Thistle r-7-1 800 Otush/(heatgrassi 130isiis BluegraSs Scotch ThiStle MI Bulbous Blitegrass •1 White* 1;71 Bagebrush/Choatgrpse Sunny Side Ranch Community Solar Garden Photovoltaic System glei ecological, i Lc Ham! resource comulting pa, box 1990 cid001it% co 81623 970.948.4857 DiAwn by M Stover C413,7014 David Pesnichak From: Bill Gavette <gavette@carbondalefire.org> Sent: Monday, August 25, 2014 9:05 AM To: David Pesnichak Subject: Sunny Side Ranch Solar Array - Major Impact Review EXHIBIT David, I have reviewed the application for the proposed Sunny Side Ranch Solar Array and I have no issues with the proposal. Thanks, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District http://cp.mcafee.com/d/FZsSd1NJ5yXNEV76zCVEVudTdFTKCVssCCMrjLtdOUVdxYSDtBxBZ56VEVdETohKC- eud79J1rWgBoDFk54tyXbPQ2ZGJMCmVsShSbILfgbSGT2prBPuCzCXV1RB_HYOyeupKVRXBQSnD- o7c81fIYJt60agGdSul3PWApmU6CQjg9KVKVIFRJygH13j_tB7- 00C0eCvDfNIIroAaMgQ_Tph_w09JdxwQsCNxK42NEw698ug80nlb4PhOcIfS9Ew48NQIg82VEw6Z4gNd40qGJJFCy05- pBVwS_sT_3EoSs8ENx4 970-963-2491 1 David Pesnichak From: Morgan Hill Sent: Tuesday, August 26, 2014 12:16 PM To: David Pesnichak Subject: Sunny Side Ranch Community Solar Garden Flag Status: Flagged Hi David, EXHIBIT My comments after reviewing the Sunny Side Ranch Community Solar Garden Major Impact Review are fairly limited as this project does not appear to pose a significant impact to environmental health in its construction or operation. Public Health supports the development of renewable energy in Garfield County as this aligns with statewide goals of sustainability. Solar energy reduces the amount of pollution entering the air and water and is thus beneficial to the community. However, I did notice a few things: - I couldn't find a specific "Impact Analysis" section of the application. There appears to be an examination of visibility impacts in a number of different sections; however, no specific look at other nuisance conditions such as dust or glare that could be generated as a result of the project. It does appear that adjacent land uses are sparsely populated and that glare from the panels will not be a nuisance. It also seems a little unclear as to the level of disturbance that will be occurring as a result of the project. While I did see that it was unlikely that construction would necessitate any surface re -grading, there could be the potential for fugitive dust to be generated during construction. Proper dust mitigation, such as use of water trucks, should be utilized. Public Health also encourages the use of BMPs outlined in the Weed Management and Revegetation Plan (section 16) to reduce dust after construction has been completed. I would also like to participate in a site visit as well if the opportunity is still available. Thank you. Morgas HMO Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: (970) 665-6383 Email: mhill@garfield-county.com www.garfield-county.com/environmental-health 1 David Pesnichak From: Tamra Allen Sent: Wednesday, September 10, 2014 7:52 AM To: David Pesnichak Subject: Fwd: Website inquiry -Community Development Solar project comments Sent ficin my Vnizon Wireless 46 i:iE stnartphune. Original message From: Susy Ellison Date:09/10/2014 9:35 AM (GMT -05:00) To: Fred Jarman ,Tamra Allen Subject: Website inquiry -Community Development EXHIBIT Susy Ellison has sent you a message: 4003 County Road 100 Solar Project 970-963-0463 As an adjacent landowner (4474 County Road 100), I am writing to support the James' application for a 1.7 mW Solar 'Farm'. I commend them for this project --it is an excellent use of that property and one that provides benefits to our entire community. I ask you to approve this project but also ask that you require adherence to the recommendations made by Colorado Parks and Wildlife concerning construction dates, dogs on site, and fencing issues. In addition, I ask that a dust mitigation plan be created to address road and construction dust issues during and after construction. The increase in vehicle traffic on a dirt/gravel road has the potential to create an omnipresent dust cloud. The project proponents should be required to address this potential health issue. This is a great project and one that can serve as an example of 'responsible' development in rural Garfield County. It will benefit us all. 1