HomeMy WebLinkAbout1.07 Pre-application SummaryExhibit H - preapplication meeting summary
1CGarfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 217905400056
DATE: August 23, 2017
PROJECT: Microgrid Energy Solar Array
OWNER: Donald and Annette Ziegler
REPRESENTATIVE: Microgrid Energy —Jon Fitzpatrick.
PRACTICAL LOCATION: West of the Town of Silt at 31145 Highway 6 & 24 Silt, 81652
ZONING: Rural
TYPE OF APPLICATION: Major Impact Review — Land Use Change Permit
I. GENERAL PROJECT DESCRIPTION
The applicant proposes to build and operate a 5.4 acre solar array on an approximately 41.85 acre
parcel. The 5.4 acre solar facility is to be leased from the property owner for the solar array. The
facility will provide electricity to Xcel Energy's grid. The applicant has approval from Xcel to build the
facility and it must be operational by June 2018.
Construction will be for a short period of time with minimal traffic generation for routine
maintenance after the initial constriction period. The site will be accessed off of State Highway 6 &
24, which is owned and maintained by CDOT. The applicant will need to address compliance of the
private access road (from the proposed use to the public right of way) to Section 7-107. The applicant
will need to supply leasing documents demonstrating legal access to the site.
As the project will be visible from Highway 6 & 24 (as well as neighbors on the adjacent mesa), the
applicant should address visibility issues and any proposed screening. In addition, the applicant will
need to demonstrate water usage and wastewater disposal at the site both during and after
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construction. The applicant has represented that the project will be built in one phase and that a
Development Agreement will not be required.
11. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS
• Garfield County Comprehensive Plan 2030
• Garfield County Land Use and Development Code of 2013, as amended
• Table 3-403 Use Table — Solar Energy System — Large
• Article 15 Definitions
• Section 4-105 Major Impact Review
• Section 4-101 Common Review Procedures
• Table 4-102 Common Review Procedures and Required Notice
• Table 4-201 Application Submittal Requirements
• Section 4-203 Description of Submittal Requirements
• Sections 4-118 and 4-202 Submittal Waivers and Waivers from Standards
• Article 7 Standards Division 1 (General Approval Standards) Division 2 (General Resource
Protection Standards) and Division 3 (Site Planning and Development Standards) as applicable.
• Section 7-1101 Standards for Solar Energy Systems
111. REVIEW PROCESS — Major Impact Review
1. Pre -application Conference.
2. Application Submittal (3 hard copies and one electronic).
3. Determination of Completeness by Planning Staff.
4. Submittal of Additional Application Copies.
5. Scheduling of the Public Hearing before the Planning Commission.
6. Referrals are sent out to various agencies and Staff for comments.
7. Public Notice Completed by the Applicant for the Planning Commission public hearing a
minimum of 30 days prior to the hearing (mailing, posting, publication).
8. Evaluation by Director and Staff Review — Report Preparation.
9. Planning Commission Public hearing including review and recommendation to the Board
of County Commissioners.
10. Scheduling of the Public Hearing before the Board of County Commissioners.
11. Public Notice Completed by the Applicant for the Board of County Commissioners public
hearing a minimum of 30 days prior the hearing (mailing, posting, publication).
12. Board of County Commissioners Public Hearing and Decision.
13. Adoption of an appropriate Resolution for approval, approval with conditions or denial.
14. If approved review of compliance with any conditions of approval and issuance of a Land
Use Change Permit once all conditions have been met.
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IV. SUBMITTAL REQUIREMENTS
The submittal requirements are outlined in Table 4-201 Submittal Requirements with complete
description in Section 4-203. The following items are highlighted:
1) General Application Materials
a) A narrative description of the use including operational details on the type of installation and
equipment proposed.
b) Evidence of Ownership and Authorization to represent including any lease documentation
associated with the proposal. Please address and provide appropriate leases for other
leaseholders in the properties.
c) Letter of authorization from the property owner authorizing Microgrid Energy's
representative to submit and act on the application.
d) A listing of all property owners (with addresses) within 200 ft.
e) A listing of any mineral rights owners on the property (with addresses). Please state the date
and location where information was found (ie Clerk and Recorder, Assessor, etc.).
f) Statement of Authority if an LLC, Corporation, or Trust (Trust Certification Letter) owns the
property
g) The Application, signed by the property owners.
h) Copy of this pre -application summary
i) A Title Commitment for the property
2) Vicinity Map
3) Site Plan - including utility locations, installations, and easements.
4) Grading and drainage plan - adequate to address potential impacts. Provide hydraulic and
hydrologic calculations if impervious surface (including compacted soils) exceeds 10,000 sq. ft.
5) Landscape Plan for any proposed screening.
a) Reclamation should also be addressed in the case where the project isn't completed or is
discontinued after construction has been initiated.
b) Weed management and re -vegetation plan in accordance with Section 4-203(E)(18).
6) Impact Analysis
7) Traffic Study - representing anticipated traffic onsite during construction and during regular
operation.
8) Wastewater Plan — Addressing why the applicant does not anticipate needing permanent
wastewater infrastructure on site.
9) Water Supply Plan — Addressing why the applicant does not anticipate needing permanent water
infrastructure on site.
10) Improvements Agreement —The applicant may request a waiver from this submittal requirement
if it is determined that no public improvements are necessary
11) Development Agreement — The applicant may request a waiver from this submittal requirement
if the applicant completes the project in one phase.
12) Access permits, easements and access roadway details (demonstrate compliance with Section 7-
107 of the Land Use and Development Code).
13) A narrative response to Article 7 Standards 1, 2, and 3 as well as section 7-1101.
14) As appropriate information on the type of solar arrays being utilized and related technical
information and infrastructure details.
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15) Any waivers being requested
V.
APPLICATION REVIEW
a. Review by:
b. Public Hearing:
c. Referral Agencies:
VI.
Staff for completeness
recommendation and referral
agencies for additional technical
review
_X_ Planning Commission
_X_ Board of County
Commissioners
Board of Adjustment
May include Garfield County Road
and Bridge Department, Fire
Protection Districts, Garfield
County Environmental Health
Manager, Garfield County
Vegetation Manager, Garfield
County Consulting Engineer,
Utility Providers, Garfield County
Airport, CDOT, Army Corps of
Engineers and the Town of Silt.
APPLICATION REVIEW FEES
a. Planning Review Fees:
b. Referral Agency Fees:
c. Total Deposit:
Application Submittal
3 Hard Copies
1 Digital PDF Copy (an CD or USB stick)
Both the paper and the digital copy
should be split into individual sections.
Please refer to the list included in your
pre -application conference summary for
the submittal requirements that are
appropriate for your application:
• General Application Materials
• Vicinity Map
■ Site Plan
■ Grading and Drainage Plan
• Landscape Plan
• Impact Analysis
• Traffic Study
• Water Supply/Distribution Plan
• Wastewater Management Plan
• Article 7 Standards
$ 525
$ TBD — consulting engineer/civil engineer fees
$ 525 (additional hours are billed at $40.50 /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if it
meets standards of review. Case planner makes a recommendation of approval, approval with
conditions, or denial to the appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary
is based on current zoning, which is subject to change in the future, and upon factual
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representations that may or may not be accurate. This summary does not create a legal or vested
right.
Pre -application Summary Prepared by:
August 28, 2017
Patrick Waller Date
Senior Planner
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C. Section 4-105 Major Impact
Applox irrha t4c.-Iv 5 mon Ch. if Ski Ei71itCaI is < flF?I
., Garfield County
Major Impact Review Process
{Section 4-i0C�
Step 1: Pre -application Conference
* Applicantkits 6monthsGasalmitepol!cation
Step 2; Application Su rnittoll
Step 3: Completeness Review
• Z1dhu5fne5sdays to review
* If incornplete, 64 days to remedy deficiencies
Step 4: Se hedtile Hearing and Provide teatlre
• PublISh'rd, posited, and mailed to adjacent property oirinCTS within 200
Feet and rninefal owners, at least 3b da ys but no more than 60 days pr iar
ku Planning Commission public hearing
Step 5: Referral
* 21 day comment period
Step 6; Evolution by Director
Step 7: Planning Commission Raw{aw and Recommendation
Step & Schedule Hearing and Provide Itintice
*Published, posted, and mailed to adlacent property wrier Within 200 feet
and mf neral owners, at (east 30 days but no more ttran fid days pear to
$OCCpublic heark,s
Step 9: $OCC Dt.cis kin
* Applicant his 1 year to meet any conditions of approval
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MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: .lune 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed under Schedule B -
II? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
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MEMO
June 24, 2014
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or Landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
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