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Home My WebLink About5.0 Resolution 2018-19I ll llfri'nil fl ltl rl [ll,ltl, hl',lt ltil'] iltlH tJlrt hh'l' I I I I Reccotlon$: 905521b444,E-$ P:;?8a?8r'8."'F3!, 8IBE'AEB"ELD cou*Ty 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, the26h day of March 2018, there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner Tom Jankovskv . Commissioner Tarri Williams . . County Attorney Kellv Cave , Assistant County Attorney Jean Alberico , Clerk of the Board (Absent) Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to-wit: REsoLUrrcxxo. i2lil/to_ A RESOLUTION OT'APPROVAL FOR A LAND USE CHANGE PERMIT FOR A soLAR ENERGY SYSTEM, LARGE (MIPA-U-17-8594) OPERATED BY MICROGRID ENERGY, ON AN APPROXIMATnLY 6 ACRE PORTION OF A LARGER 41.85 ACRE pRopERTy owNED By PEREGRINE 08 IIIVESTMENTS LLC, LOCATED AT 31145 IIIGHWAY 6 &24 WEST OF TIIE TOWN OF SILT IN SECTIONS 5 AND 8, TOWI\ISHIP 6 SOUTH, RANGE 92 WEST OF TIIE 6TH PRINCTPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2 I 7 9-0 5 4 -00-0 s 6 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. B. The Solar Energy System, Large, is located on an approximately 6 acre portion of a 41.85 acre parcel of land owned by Peregrine 08 Investments, LLC. C. The subject property is located within unincorporated Garfield County in the Rural zone district west of the Town of Silt off of Highway 6 & 24 and accessed by a private access road. D. A Solar Energy System, Large may be permitted in the Rural zone district with a Major Impact Review. tp lil ill tril lliltll, Htl [# Il i r I Il liril ifl , I Il ilJl4{l}ttr t I ll I Receotion$:905521@4r16lafie @4:@3:28 Pil Jean F.[berico2 of 6 F6c Fee:$0.@@ Doc Fee:0,0@ CFRFIELD C0UNTY C0 E. The Board is authorized to approve, deny or approve with conditions a Major [mpact 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 14th day of February,2018 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 5-0 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 26th day of March, 2018 forconsideration of whetherthe 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 26th day of March 2018 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 fucts, 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 Peregrine 08 Investments LLC 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 and a Waiver from Section 7-203 the Waterbody Setback, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. I I ]tlrr lli p n n llti J'il|' tl 1+ t trJ I { H t If { ! Uf t+ I' Id I I I I I Receotlon$: 905521init leitzo1e o4: @3:28 Pll Jean f,lberig5-;i-6-R; Fiii5sl60 iioc-Fie;0.00 GRRFIELo couNrY c0 RESOLUTION NOW THEREF'ORE, BE IT RESOLVf,D 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, is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Land Use Change Permit l. Prior to the issuance of the Land Use Change Permit the applicant shall update the site plan to show a 50 foot setback from CDOT survey monuments indicating Highway 6 & 24's northern right-of-way line. If the monuments cannot be found, the applicant shall update the site plan to show a 50 foot setback from the existing fence line that runs along the northern boundary of the Highway, or a 50 foot setback from the Right of Way as demonstrated by updated ownership documents acceptable to the County Attorney's Offrce. 2. Prior to the issuance ofthe Land Use Change Permit, the Applicant shall supply Community Development with a signed access permit and a notice to proceed from the Colorado Department of Transportation. 3. Prior to the issuance of the Land Use Change Permit, the Applicant shall execute and record the access easement to the lease site. A copy ofthe access easement shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall update the site plan to show the newly constructed access road entirely on the applicant's property. 5. Prior to the issuance of the Land Use Change Permit, the applicant shall update the site ptbn to show that neither the solar panels nor the *""s road are 6eing installed in areas with hydrophytic vegetation. With this update, no solarpanels shall be located closer to the diversion ditch bisecting the array than shown on the current site plan. The updated site plan shall be reviewed and accepted by the Community Development Department 6. Prior to the issuance of the Land Use Change Permit, the applicant shall provide a weed management plan satisfactory to Garfield County Vegetation Management. Any weed management actions that could impact the hill side Itt t-murttu!,8-llr l*h lltl rl E I I H 1# il ll thlJi,hl,llltl-n"r"f+giitiriffi .. t:!' 8 l BB' aEHF r ELD couNr y shall be undertaken with the consultation of the Grand River Ditch Company. A demonstration of compliance with this condition shall be provided by Garfield County Vegetation Management. 7 . Prior to the issuance of the Land Use Change Permit, the applicant shall update the site plan to show an approved fire truck turnaround, acceptable to Colorado River Fire Rescue. Compliance with this condition shall be provided by Colorado River Fire Rescue. Other Conditions of Approval 8. All representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 9. The operation of the Solar Facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 10. Signage around the perimeter of the facility waming of electrical shock shall be installed. I l. The top of the fence that surrounds the lease area shall be marked with flagging or other highly visible material acceptable to Colorado Parks and Wildlife, to discourage deer and elk from jumping the fence. 12. Raptor perch deterrents shall be installed on any newly installed above ground wiring where electrocution to raptors or other 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. The operator shall keep the glass trimmed to a level acceptable to Colorado River Fire Rescue. 15. Gates shall be installed in the fence to the facility, as required by Colorado River Fire Rescue. 16. A fire department Knox Box or Knox Padlock shall be installed at the entrance gate for €mergency access. AII other gates associated with the facility shall have either a master key lock system with keys installed in the Knox Box or shall have combination locks with codes provided to the fire department. llll liltulfi llt't Hrl ltlfi tlrLl'5lH til[ill/'ll * Lt\+' ll lt I Receotion$: 905521 gq;EI'glg P*?8a?Br'B".JF::' 81ffi "aEEFTELD couNry co The access road shall be designed and constructed to the Standards outlined in Section 7-107 of the Land Use and Development Code for primitive driveways. The access road shall be built with a driving surface acceptable to Colorado River Fire Rescue. Operation of the site shall be consistent with State of Colorado guidelines for areas located within 0.5 miles of a Bald Eagle Roost. The applicant shall use storm water best management practices as indicated on the Grading and Drainage Plan. Potable water and sanitation shall be addressed during construction by provision of portable facilities in compliance with OSHA requirements. The applicant shall supply a letter from the FAA demonstrating that there is no hazafi to air navigation from the solar facility. 17. 18. 19. 21. GARF OMMI IONERS, o , COLO , A.D. zOJ !*-. BOARD OF GARFIELD COMMISSIONER CI{AIR JOHN F. MARTIN . Aye COMMISSIONER MIKE SAMSON . AYE COMMISSIONER AYE ) )ss ) Dated this /b{L day of turn rk of the Board Upon motion duly made and following vote: STATE OF COLORADO County of Garfield i $EAL lll fllrriliF! Sfl ,llr{ H H ll lilrif I llJh'ihlff # H il htr ll ll I ["a'lelP':"f ?i,iffi 8""t3!' t I BE' aEfl ,, ELD cou NrY c o County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certifu that the annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding ofthe Board ofCounty 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-offrcio Clerk of the Board of County Commissioners 6