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Home My WebLink About5.0 Resolution 2016-54f lil HIl* tH,l lt I lril' rlt|,I f I+btH Hff I' &1 hTI i J, [, H','l, il ll IReception$ : 681 I t4Oellil?O16 O8;35:59 Bl1 Jean QlbericoI of 6 Feo Fse:SO.gO Doc Fee:O.@ GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garheld ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Adrninistration Building iu Clenwood Springs on Monday, the I'r day of August A.D. 2016, there werepresent: John Martin , Commissioner Chairman Mike Sarnsan . Commissioner Tom -Iankovskv " Commissioner Tari Williems , County Attomey (absent) Kellv Cave , Assistant County Attorney -Iean Alherieo , Clerk of the Board (absent) Kevin Ratchelder , County Manager when the following proceedings, among others were had and dong to-wit: REsoLUrr axxofu--5y' A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A soLAR EFIERGY SYSTEM, LARGE (MrPA-0r-168415) OPERATED BY CLEAN ENERGY COLLECTI\{E, ON A 10 ACRE PORTION OF A LARGER 41.08 ACRE PROPERTY OWNED BY BRENT LEWIS PETERSON AND DENNIS IIANNIGAN, LOCATED AT 35540 RIYER FRONTAGE ROAD EAST OF THE TOWN OF SILT IN SECTION 12, TOWNSHTP 6 SOUTrr, RANGE 92 WEST OF THE 6rII PRTNCTPAL MERIDIAN, GARFIELD COT}NTY PARCEL NO# 2 I 7 9-1 2 2-00-3 5A 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 Peterson / Hannigan Community Solar ArraS is located on ar approximately 10 acre portion of a 41.08 acre parcel of land owned by Brent Lewis Peterson and Dennis Hannigan- C. The subject property is located within unincorporated Carfield County in the Rural zone district east of the Town of Silt offRiver Frontage Road and accessed by an approximately 380 foot private access road. (, il I ll,r|r [' ]E ]H,h i :I' Iillll ti lil H ltl [fiilHF tlYt Iil ] I I I ReceotionS: 881114 osl1dl2016 08:35:59 AH Jean nlb6rico2 of 6 Ree Feetso 00 ooc Feg'o.oo GARFIELo 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 8th day of June, 20 l6 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 regardiug the request. At this hearing, the Plauning Commission voted 8-0 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 1$ day of August, 2016 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing tlie public and interested persons were given the oppornrnity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the I't day ofAugust, 2016 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: L 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 otherreasons theproposed 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. Il il H r.rl:i'l I ht I lt'lll H t I hh h'llli t ffi Ii I I r,l $ f+l gl,L E I ll IReceptionH:881114 OAl16l2@16 o8:35:59 Al.l Jean CIbsrIco3 of 6 Rec Fe€:$0.00 Doc Fee:O.0O GBRFIELD 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 Peterson / Hannigan Community Solar Array is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Land Use Change Permit l. The Applicant shall obtain aNotice to Proceed from CDOT forthe access to the site. The Notice to Proceed shall be provided to the Garfield County Community Development Department prior to issuance of the Land Use Change Permit. 2. The Applicant shall execute and record the access easement from River I Frontage Road to the site. A copy ofthe executed and recorded access -l o " easement shall be provided to the Community Development Deparhnent J *I* prior to issuance of the Land Use Change Permit. {ts'3. The Applicant shall provide an explanation of the improvements necessary and anticipated for the access road and access point on to River Frontage Road. This explanation shall be reviewed and accepted by the Garfield County Contract Engineer prior to issuance of the Land Use Change Permit. / 4. The Applicant shall address increased mnoff and drainage from the l/ impervious areas created by the solar panels prior to issuance of the Land f tl Q o ,, errl Use Change Permit. This analysis shall be reviewed and accepted by the "tr.rf-'T/y ff:fi:ar:trntv contract engineer prior to issuance of the Land use Conditions of Approval 5. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. $ Ill trili'I I Ht t':lirlliL Flil ULT Ht{ Hl I Hllh C r t"'}, I I I t Receotion$: 881114 oiattdtzoto 08:35.59 AI'l Jean Alberlco4-;i-6-i; iei:s0.00 Dac Fee:0,00 GARFIELD C0UNTY co 6. 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. 7. The Appticant shall control fugitive dust during construction and operation of the site. 8. Signage around the perimeter of the facility warning of electrical shock must be installed. 9. 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. 10. The Applicant shall comply with their'Noxious Weed Management Plan including the best management practices. 11. The solar facility area shall be surrounded by an 8' high game fence as approved by Colorado Parks and Wildlife. 12. Raptor nest deterrent shall be installed on any perch where electrocution to raptors or other nesting birds could occur. 13. Once the facility is installed and online, the operator shall conduct a training of the emergency shutdown procedures with Colorado River Fire Rescue staff. 14, To control the potential for grass fires, the operator shall keep the grass trimmed to no higher than 8 inches within the fenced lease area at all times. l5.The operator shall post tlte address for the lease area,35540 River Frontage Road, at the commencement of construction for the site. The address shall be prominently displayed at the entrance gate to the facility. 16. A fire department Knox Box or Knox Padlock shall be installed at the entrance to the gate for emergency access. 17. The access road shall be designed and constructed to the Standards outlined in Section 7-107 of the Land Use and Development Code. 18. The landscaping shall be watered throughout the first 2 years after 4 Illl lll rriilllff Ll'lliil t, lll + lLtll H [ il l' lillfl l i't [t], ll il I Receotlon$:881114 ' @B/16'/2O16 08:35:59 El1 Joan Albericoa-;i-6-Ri; FiiiSo.0o 060 Fe€:o.00 GARFIELo CoUNTY co installation. ATTEST:BOARD OF GARFIELD Upon motion duly made and seconded the following vote: COMMISSIONER CIIAIR JOHN F. MARTIN _ , Aye COMMSSIONERMIKESAMSON - _ _ - ..Aye COMMISSIONER TOM JANKOVSKY ., Aye STATEOFCOLORADO ) )ss County of Garfield ) Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certiff that the arnexed 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 affxed 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 Dated rhi, /54 day of G , ' -l- . A.D. 20-,lt a -.( \,r, the GARFIEL tlll Hlrr| iE lltl lr'trl\ri, Iltri iuII ll lT [U ffif Fl[ hl, Il ll IReception$:881114 08/ 16/2016 08:35:59 All Jean Etlberico6 ot 6 Rec Fe€.90.0C Doc Fee:o OO CAnftElO COUttTy CO EXHIBIT A SITE PLAN $ rilt dg- rpurEc. P.x I II I I H (to(:, (9 jEllil U+.il