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Home My WebLink About7.0 Resolution 2014-6411I11r illiki4l.riit 6lLtLIN N ATIU1/2ify 14,11III Reception#: 855625 11/04/2014 02:02:13 PM Jean Plberico 1 of 7 Reo Fee:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County 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 20th day of October A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Albedo Andrew Gorgev , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attomey , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 4,2 d / y' (o e A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SOLAR ENERGY SYSTEM, LARGE (MIPA-7900) OPERATED BY CLEAN ENERGY COLLECTIVE, ON AN 11.541 ACRE PORTION OF A LARGER 35 ACRE PROPERTY OWNED BY MARY AND RICK JAMES, LOCATED AT 4003 COUNTY ROAD 100 EAST OF THE TOWN OF CARBONDALE IN SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2391-303-00-007 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 Sunny Side Ranch Community Solar Array, is located on an approximately 11.541 acre portion of a 35 acre parcel of land owned by Mary and Rick James. C. The subject property is located within unincorporated Garfield County in the Rural zone district east of the Town of Carbondale off County Road 100 and accessed by an approximately 0.5 mile private access road. 1 11111F,412tI iX4 j Mr ii1.11RIJ INKIAISWIM, 1111 Receipt/one: 855625 11/04/2014 02:02,13 PN Jean Albedo° 2 of 7 Reo Fee:$0.00 Doo Fee:0.00 GPRFIELD COUNTY CO 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 10th day of September, 2014 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, the Planning Commission voted 6-0 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 20th day of October, 2014 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 20th day of October, 2014 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: 1. 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 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. 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. 2 1111 N1►4hf tI:J IIliit Ui i F(1,104,01+hi1Vh1/21alivli 111111 11/0412014 02:02:132 P 1 M Jean Rlberlco 3 of 7 Rea Fee:$0 00 Don Fee:D.00 GARFIELD COUNTY CO 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 Sunny Side Ranch Community Solar Array is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 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. If construction is not completed by December 1, the Applicant may request an extension from CPW. 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. 3 1111 FIPAIIIIICAMu.likihnlak'tWIFS4121r11,1/2li 11111 Reception#: 855625 11/04/2014 02:02:13 PM Jean Flbertco 4 of 7 Fee Fee:$0.00 Doo Fee,0.00 GARFIELD COUNTY CO 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. 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 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. Dated this 3 day of %7 u v 6 eti , A.D. 20 /174 ATTEST: c_ n/1 &tittA44.4... of the Board GARFIELD COMMISS OUNTY Chai TY BOARD OF GARFIELD 4 1111 N1rrCel3lY4+ M1t141ariUIrOILIfrJIrk' IN 11111 Reeeptlonk: 855626 51o0472Rea Fee:$0.00PDocJean Fee:0.00rGARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield Aye , Aye , Aye I, County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5 ®III lirdlr; fn1/4M1i IN IvgliNfilirirIANIIi ,llivil AI III Recepffonq; 855625 11/04/2014 02:02:13 PM Jean Albefleo 6 of 7 Roo Fee:$0.00 Doc Fee:0.00 GARFIELO COUNTY CO EXHIBIT A SITE PLAN 6 111111NraramPRICY.1141hYil Tr11696#44rIII Receptionk: 855625 11/04/2014 02:02:13 PM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO '4 AI1331103 � 10u3 uea10 /ley w«u r[YYSAMNnbLl M1vMWI LNy mn0:1 r+w rw W3ISAS OIY.1l0A010Hd Wei H30NYONY104MINA MOO HONVN 3014ANNfl4 • OMCIS I NC6rO 1 YY10f 7