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HomeMy WebLinkAboutStaff Report Extension Request 05.06.19Extension Request Peterson and Hannigan Solar Facility Public Meeting May 6, 2019 Exhibit�� s � Exhib� Descnption� ,, s � 2WON r t N,urnbery a llt ,,rs'„ 1 Extension Request 2 Application 3 Resolution 2016-54 4 Resolution 2017-38 5 Staff Memo Pivot Energy March 4, 2019 Garfield County Community Development Department Attn: Patrick Waller, Senior Planner 1088 1h St, Suite 401 Glenwood Springs, CO 81601 Mr. Waller, EXHIBIT i On behalf and with the permission of the landowners of Garfield County Parcel ID: 2179-122-00- 350, TCA Microgrid Energy LLC, dba Pivot Energy LLC, hereby request the Garfield County Colorado Board of County Commissioners to consider granting an extension of Resolutions 2016- 54 and 2017-38, a Land Use Change Permit and Extension that have both expired as of today's date. Pursuant to Garfield County Land Use Code Section 4-101(1)(4), "the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension." In accordance with the above requirements, the previous developer responsible for securing the permits was unable to complete the project. The land lease agreement between the developer and the landowner has expired, and the developer no longer has rights to develop a project on that site. The landowner has not been in touch with the developer since the time Resolution 2017-38 was approved. However, Pivot Energy currently has an award with Xcel Energy to develop and build a Community Solar Garden in Garfield County, and would like to salvage the extensive work that has already been put into developing the land for a solar garden. Pivot Energy currently has subscription agreements with several Xcel Energy customers in Garfield County, including Tow of New Castle, Town of Silt, Town of Carbondale, Garfield County School District 16, Roaring Fork School District, Garfield County Housing Authority, Rifle Housing Authority, New Castle Senior Housing, and Battlement Mesa Metro District. By granting an extension of this permit and facilitating this project, these subscribers would benefit from reduced electricity costs, allowing them to invest the savings in other critical initiatives. Building this project would also support Garfield County's Comprehensive Plan which is designed with the public interest in mind. Section 10 of Chapter 3 outlines the County's Renewable Energy Vision and provides goals that include promoting and encouraging renewable energy within the county. Pivot Energy looks forward to working with the landowner and the County to reinvigorate this Land Use Permit and bring more renewable energy to Garfield County while also directly benefitting several cornerstones of Garfield County by reducing their energy costs over the next 20+ years. pivotenergy.net Pivot x Energy Regards, Jo Fitzpa rick Director, Project Development Pivot Energy 1536 Wynkoop St, #400 Denver, CO 80202 303-506-7792 (m) pivotenergy.net Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com EXHIBIT LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION ❑ Administrative Review ❑ Development in 100 -Year Floodplain ❑ _ Limited Impact Review ❑ Development in 100 -Year Floodplain Variance 8 Major Impact Review ❑ Code Text Amendment ❑ Amendments to an Approved LUCP ❑ Rezoning ❑ LIR ❑MIR [:]SUP ❑ Zone District[] PUD ❑ PUD Amendment ❑ Minor Temporary Housing Facility ❑ Administrative Interpretation ❑ Vacation of a County Road/Public ROW ❑ Appeal of Administrative Interpretation ❑ Location and Extent Review ❑ Areas and Activities of State Interest ❑ Comprehensive Plan Amendment ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development ❑ Variance 8 Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Brent L Peterson and Dennis J Hannigan Mailing Address: 35960 River Frontage Road City: New Castle State: CO E-mail: bspeterson5@yahoo.com Representative (Authorization Required) Name: Jon Fitzpatrick Mailing Address City: Denver 1536 Wynkoop St, #400 E-mail:Jfitzpatrick@pivotenergy. net PROJECT NAME AND LOCATION Project Name: Mtn Solar 5 State: CO Phone: ( 970 )876-2685 Zip Code: 81647 Phone: ( 303 ) 506-7792 Zip Code: 80202 Assessor's Parcel Number: 2179 _ 122 00 350 Physical/Street Address: 35540 River Frontage Road Legal Description: Section: 12 Township: 6 Range: 92 TR IN THE NW, ALSO A TR OF MEANDER LAND CONT 1.53 AC +/- LYING S OF LOT 2 AND N OF PARCEL DESC IN BK 568/756 Zone District: Rural Property Size (acres): 41 Existing Use: hay, grazing Proposed Use (From Use Table 3-403): Electric Power Generation Facility, Small Description of Project: 1 MW solar photovoltaic energy generating system using single -axis tracking racks, and industry standard equipment. This development application seeks an extension of the previously approved (and expired) land use permit for the same project description, memorialized as Resolutions 2016-54 and 2017-38. Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Sig ature of P perty Owner File Number: _ _ _ _ _ _ _ _ Fee Paid: $ 3/7/19 Date Patrick Waller From: Jonathan Fitzpatrick <jfitzpatrick@pivotenergy.net> Sent: Wednesday, March 13, 2019 10:55 AM To: Patrick Waller Subject: Fwd: CR.MGE01 - Microgrid (PIVOT) Manager authorization Attachments: MicroGrid FL Online Filings 3-13-19.pdf Follow Up Flag: Follow up Flag Status: Completed Patrick, Please see below and attached. I assume this is what you need, but please confirm with Kelly when you have a chance. Jon ---------- Forwarded message --------- From: Carlos Sandino <csandino a,tcacap.com> Date: Wed, Mar 13, 2019 at 10:43 AM Subject: CR.MGE01 - Microgrid (PIVOT) Manager authorization To: mbencivenni <mbencivem- igpivotenergy.net> Cc: jfitzpatrick <jfitzpatrick(a�pivotenergy.iiet> To whom I may concern: I, Carlos Sandino, authorized representative of TCA Microgrid Energy LLC, authorize Jon Fitzpatrick, Director of Project Development for TCA Microgrid Energy LLC, to act on behalf of TCA Microgrid Energy LLC in pursuit of the request to renew the expired Land Use Change Permit first memorialized as Garfield County, Colorado Resolution 2016-54, and later extended by Resolution 2017-38 for Garfield County parcel ID: 2179-122-00-350. If you should have any questions, please do not hesitate to contact me at 786-457-9661. Sincerely, Carlos Sandino Managing Director of Corporate Restructuring TCA Fund Management Group csandino@tcacap.com 19950 West Country Club Drive Suite 101 Aventura, Florida 33180 tcacap.com TCA will never sell your data and we promise to keep your details safe and secure. TCA Credit Management Limited is registered in England and Wales (number 09411560), and is authorised and regulated by the Financial Conduct Authority (FRN: 685253). This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. For further details please click here to read our Privacy Notice. Nothing in this contained herein shall per interpreted as either investment or tax advice. Information or materials contained herein are for informational purposes only, and do not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation. Any such offer or solicitation may only be made by means of delivery of an approved confidential offering memorandum. There are no representations being made that any account will or is likely to profit similar to those shown in future performance. Actual performance results may differ, and may differ substantially, from this performance. TCA monthly returns data are calculated by a third -party administrator, based on the best estimates provided by the investment manager, which the administrator does not independently verify. JON FITZPATRICK I Director, Project Development ifitzpatrick@pivotenergy.net D 303.506.7792 1 LinkedIn Pivot Energy I Clean Energy. Clear Choice .pivotenergy.net Permission to Proceed with Request to Revitalize Expired Land Use Change Permit 1, Brent Lewis Peterson, hereby grant permission to TCA Microgrid Energy LLC, dba Pivot Energy LLC and its subsidiaries to move forward with a request to restore the expired Land Use Change Permit first memorialized as Garfield County, Colorado Resolution 2016-54, and later extended by Resolution 2017- 38 for Garfield County, Colorado parcel ID: 217912200350. 04 IN W TNESS HEREOF, Brent Lewis Peterson subscribes this Statement of Permission as of this day of .2019. (signature) Brent Lewis Peterson STATE OF C COUNTY The foregoing instrument was acknowledged before me this day of 2019, by Brent Lewis Peterson, Owner. (notary pubtic signature) seal My commission expires: VALERIE K HARJU Notary Public State of Colorado ) 0 o Notary 1 00 0 otary ID 20=074047002 My Commission Expires Doc 28, 2019 Permission to Proceed with Request to Revitalize Expired Land Use Chanize Permit Dennis James Hannigan, the Personal Representative of the Estate of Sandra Maria Hannigan, hereby grants permission to TCA Microgrid Energy LLC, dba Pivot Energy LLC and its subsidiaries to move forward with a request to restore the expired Land Use Change Permit first memorialized as G , arfield County, Colorado Resolution 2016-54, and later extended by Resolution 2017-38 for Garfield County, Colorado parcel ID: 217912200350. IN WITNESS HEREOF, Personal Representative of the Estate of Sandra Marie Hannigan subscribes this Personal Representative's Statement of Authority as of this _LZ– day of ,,cm, &. 2019. Dennis James Hannigan, Personal Representative of the Estate of Sandra Marie Hannigan STATE OF —V4�Q COUNTY OF L,,_ The foregoing instrument was acknowledged before me this IS day of– t. 2019, by Dennis James Hannigan, Personal Representative of the Estate of Sandra Marie Hannig . ( pu bric si nature) notary :Lre) –4– My commission expires:. -.0131strict Court LIDenver Probate Court 60.4�q,kk ounty, Colorado Court Address: toll 18*111- lC*. bk1kL-**(04 COURT •USE ONLy Case Number Le Pilvislon. Coutoom- 04 520 =317, al 13 11172% appointed or qualified k)y this Court or Re Registraron M_ de) as: Opersonal Representative. A The Decedent died on 0 (date) These Letters are proof of the Personal Representative's authority to act pursuant to §15-12-701 et.seq, C. R.S. except fbr the follovWng restrictions, N any: cqufizqai, �_�fied fled 1�he copy of the original in my custody and to be in full force and affect as of (date). ri RegiMmO(Deputy)CIerk of Court JDF916 1109 LErrERS TESTAMENTARY1OF ADMINISTRATION RECORDED IV,',3,7- O'CLOCK P.M. REC o 4G3703 MAY 25 im MILORED A,LSDORF,. GARFIELO COUNTY CLERK MAY 25 1994 DEED OF DISTRIBUTION GARFIELD StWo Doc, Fee. THIS DEED i do �by BRENT LEWIS PETE RS -ON--,— -ar, Personal s ma Representative of the Estate of. JOHN. PETERSON,. a/k/a JOHN L. PETERSON, a/k/,a JOHN.. LEWIS PETERSON, deceased., Grantor,- to BRENT: LEWIS PETERSON. and. SANDRKHANNIGAN, as -tenants in. common; Grantees., whose address is P 0. Box 965, New Castle, Colorado 81_6.47. WHEREAS,, the above-named . decedent in his lifetime made And executed his Last Wil-l-and.Testament dated May 27, 119,88,.yhich�...Will was duly adT-,i.-'Ltted* to probate -on April 4, 1994 by the I . ) istrict: Ccrt U. in and for the County of Garfield, State of Colorado,Case No. 94PR27; WHEREAS, -Grantor was,.,duly appointed Personal. Represen tative. of said tourt� in -..and for the al tate on April, 4,� 1:9 9 4, by. the, -Di trict County :of Garfield and State of, Colorado, :and is -now qualifiedand. acting . in . said capacity, And is -the., Personal . . Representative of said Estate; and WHEREAS,'the Grantee is determined '.to be. the person entitled to distribution of the here ins. fter-.d6s,ctibbd- propet-ty, and Grantor is authorized and directed to distribute ute .,.Ehe same -to. Grantee. NOW; THEREFORE, pursuant, to the,. povers,.con.f.err_ed.•uDon Grantor by Arti cle 1.2,. Section 711 and 907 ofthe Probate Code, Grantor, sells., conveys, assigns, transfers and.,.,rialeases to, Grantee the following property in Garfield County,. Colbrado:. That part of the Southeast Quarter of the Southeast: Quarter (SEASE$) of Section One (1) and of Lots One (1): and Three (3+V --.and, the Northwest Quarter If the Northeast. Quarter. ..of Section Twelve (12), all in Tp. 6 S.,, R. 9,2, W. r, 6th P.M., lying 'South of - the right-of-way of the Denver & Pio Grande Western Railroad and. East of a North and South line drawn.:through� sa . :id . Lot., Three ree .11 (3), and the Northwest Quarter of the Northeast QuarteX, (NW�NE*) of said Sec. 12 1449 feet West of the East line 6k: S. a ka ed - t:Lbn, , together with all ditch and water rights appurtenant thereto and used in connection therewith, and also together with all grazing rights upon public domain held in connection with said lands. And also all -that portion of the Northwest Quarter of the Northeast Quarter (NWANEA), and Lot Three (3) of Section Twelve (12), Tp. 6 S., R. 92 W., 6th P.M., lying between the right-of-way of the Rio Grande Junction Railroad and the North meander line of the Grand River and West of a North and South line 1449 feet West from the East line of said Section 12, containing 53 acres, also .11 of one cubic foot of water per second of time out of the Ware & Hinds Ditch, also five (5) shares of the capital stock and. the water right belonging thereto of the Grand River Ditch company. . Together with the roadway used in connection with said land as described in instrument recorded in Book 88 at Page 87 of the records of Garfield County, Colorado. Subject to prior mineral reservations as set forth in Document No. 193123 and No. 222111 of the Garfield County records. And also a tract of land in Section 11 and 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, more particularly described as beginning at the Southeast Corner of Lot 2 of Section 12; thence South along the East line of said Lot 2 as extended Southerly to the North bank of the Colorado River; thence along the Northerly bank of the Colorado River to the intersection Lou qw.­m BoA901--u6fl STATE OF COLORADO Ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of 19,94 by BRENT LEWIS PETERSON, as Personal Representative/ of the Estate of JOHN PETERSON, a/k/a JOHN L. PETERSON, a/k/a JOHN LEWIS PETERSON, Deceased. Witness my hand and official seal. My commission expires: -7 ...... NotPublic -2- Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of TCA Mlcmgdd Energy LLC, dba Pivot Energy, LLC a Florida limited liability corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is TCA Microgrid Energy LLC, dba Pivot Energy LLC and is formed under the laws of Florida The mailing address for the Entity is 19950 WEST COUNTRY CLUB DRIVE, SUITE 101 AVENTURA, FL 33180 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is 6, Carlos Sandino The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2 T lay of t-4 I acf) 2019 Signature. nh a? Name (printed): C/I(LI-US SSD/NQ Title (if any): M C,12 STATE OF FL -o9- T>A ) )SS. COUNTYOF) The foregoing instrument was acknowledged before me this --V)ay of M A¢cN -----12019 by CAqZL-ZS on behalf of TC t`+ ► c2 a.r b ZA Qf L.LC. a Witness my hand and official seal My commission expires: Q110 ZI (Date)(At P blic) ' .`�Notary JACQUELYNGOGiN Public - State ofFlorida Commission a GG 144443 [SEAL] My Comm. Expires Sep 19.2021 BdndedthfOughNahcnalNotaryksn. Alli ����rR ��'6��4'�' �«�� l'�drl�4�1�'�f' l�►����� ������ �I II I Reception#: S81114 OB/16/2016 08:35:58 AM Jean Alberico I of 6 Reo Fee:$0.00 Doo 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, field in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 1" day of August A.D. 2016, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tarri Williams County Attorney (absent) Kelly 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: RESOLUTION NO, l - A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SOLAR ENERGY SYSTEM, LARGE (MIPA-01-16-8415) OPERATED BY CLEAN ENERGY COLLECTIVE, ON A 10 ACRE PORTION OF A LARGER 41.08 ACRE PROPERTY OWNED BY BRENT LEWIS PETERSON AND DENNIS HANNIGAN, LOCATED AT 35540 RIVER FRONTAGE ROAD EAST OF THE TOWN OF SILT IN SECTION t2, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE Ertl PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2179-122-00-350 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 Array, is Located on an 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 Iocated within unincorporated Garfield County in the Rural zone district east of the Town of Silt off River Frontage Road and accessed by an approximately 380 foot private access road. rA ReoLPtlon#: 881114 OW 6/2016 08:33:59 AM Jean Alberico 2 of 6 Reo Fee;$0 00 Doo Fee -0,00 GARFIELD 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 8"' day of June, 2016 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 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 I" day of August, 2016 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 die public hearing on the I" day of August. 2016 to make a final decision. Z. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. 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 mill IM, WIPAIM 1 111M 04111111 Rece 8a1114 O8,,r wticn4: 2016 08!36;69 AM Joan Alberloo 3 of 6 Roo Fee:$0,00 Doc Fee:0.00 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 Peterson / Hannigan Community Solar Array is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Land Use Change Permit 1. The Applicant shall obtain a Notice to Proceed from CDOT for the 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 Frontage Road to the site. A copy of the executed and recorded access easement shall be provided to the Community Development Department prior to issuance of the Land Use Change Permit. 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 ninoff 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. 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. Rece ption1l: 881114 08/16/2016 08;26,59 AM Joan Alberico 4 of 6 Rea ree:$0.00 Doc Fee:0,00 GARFIELD COUNTY GO 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 Applicant 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. 15. The operator shall post the 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 Receploljoplal�' 1151114 0 512 38 Bill.59 AM Jean Alberic 6 of 6 Roo Fee:$0.00 Doo Fee:0.00 CqRFIELD COUNTY CO installation. Dated thisLk day of A.D. 20ILP -- ATTEST: �qv� Clerk of the Board Upon motion duly made and see( following vote: COMMISSIONER CHAIR JOHN F. MARTIN Aye COMMISSIONER MIKE SAMSON Aye COMMISSIONER TOM JANKOVSKY Aye STATE OF COLORADO ) )ss County of Garfield "I M0 the I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seat of said County, at Glenwood Springs, this _ day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners �NU| _—..~. UN Mr WmNnAReception#: a81114 m/ m�/m 08/1612016 08:35:59 AM Jean berioo BIII NP.1 111114 W1 ISI' IAV VON I 'A k 11111 ROoeption#: 896980 09!0512017 04:13:66 PM JeanRiberlG0 1 of 3 Rea Fee:$O.00 poo Fee :O.O0 WFIELD 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 14th day of August, A.U. 2017, there were present. John Martin Commissioner Chairman Mire Samson , Commissioner Tam Jankoy Commissioner Tari Williams County Attorney Kelly Cave Assistant County Attorney Jean Alberico Clerk of the ,Board (absent) Kevin Batchel er County Manager when the following proceedings, among others were had and done, to -wit: THE TOWN OF SILT IN SECTION 12, 11 TOWNSHIP •• RANGE 1'. MERIDIAN, 6 SOUTH, 2 WEST THE 6T11 PRINCIPAL r A. The Board of County Commissioners of Garfield County, Colorado, (board) received a request for a one year extension of time to meet conditions of approval for a Major Impact Review, Land Use Change Permit to allow a Solar Energy System, Targe operated by Clean Energy Collective, as further described in Resolution 201+6-54 and approved on August 1, 2016. B. The Applicant submitted their extension request in accordance with the requirements of the Land Use and Development Code Section 4-101.1.. C. 1n accordance with, the Land Use and Development Code as amended, the Board of County Commissioners is authorized to grant extensions of time to complete conditions of approval for Land Use Change Permits. mIII kill Rewrtlon#: 896980 09!0512017 2017 04:13:56 PM JeanAlber 00 2 of 3 Roo Fee:$0.00 Doo Fee : 0.00 AARFIELD COUNTY CO D. At a public meeting held on August 14, 2017 the Board considered the question of whether to grant an extension to satisfy conditions of approval, at which meeting the public and interested person were given the opportunity to express their opinions regarding the issuance of said extension. 3-33-F75-1 V —oun7-U7-M—Mfs-sMFn-er-s-37Ua =ie F County, Colorado, that: B. The approval for a Major impact Review, Land Use Change Permit for a Solar Energy System, Large on property owned by Brent Lewis Peterson and Dennis Hannigan is hereby extended for one year to August 1, 2018. C. All conditions of approval contained in Resolution No. 2016-54 shall remain in effect. D. The requested extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. Dated this day of tYA..9 A.D. 20 16MMun I LIP ROO III WIN 1114, a I 2 mill IVA 11111 on#: 891r,06"Pom a..,, rub Ii. Re" 17 A 0 09/0 /2 04 0 RFISLD COUNTY CO 3 f� 0 . .0 GAO R Fe� $6,00 Doc Fee 0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: CON MISSIONER CHAIR JOHN F. MARTIN Aye COMMISSIONER MUM SAMSON Aye COMMISSLONER,TOM JANKOVSKY Aye STATE OF COLORADO County of Garfield . 11 County Clerk and ex-offielo, 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 ofthe Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto sot 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 PROJECT INFORMATION OCC 5-6-19 PW REQUEST Extension Request — Peterson / Hannigan Solar Energy System PROPERTY OWNER Brent Lewis Peterson and Dennis Hannigan OPERATOR Pivot Energy REPRESENTATIVE Jon Fitzpatrick, Pivot Energy LOCATION 35540 River Frontage Road (Hwy 6), approximately 0.75 miles east of the Town of Silt I. BACKGROUND The Board of County Commissioners (the Board) conditionally approved a request for a "Solar Energy System, Large" Major Impact Review for a 7 acre (10 acre lease area) 1 MW solar array within an overall 41.08 acre parcel. The approval was granted on August 1, 2016 and memorialized in Resolution 2016-54 (Exhibit 2). An extension to complete the required Conditions of Approval was subsequently granted by the Board until August 1, 2018. The approval expired when no extension request was received before that date. Since approval in 2016, the Applicant satisfied two of the four conditions necessary to obtain the Land Use Change Permit. The conditions that have been satisfied are Condition #2 (See Exhibit 3) and Condition #4 (See Exhibit 4) within the Resolution of Approval. The outstanding Conditions of approval #1 and #3 that need to be satisfied are as follows. 1. The Applicant shall obtain a Notice to Proceed from CDOT for the 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. 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. Since the expiration of the approval the property owner has authorized a new operator (Pivot Energy) to apply for this extension request and complete the Conditions of Approval required to issue the permit. II. AUTHORITY The Board has the authority to grant extensions pursuant to Section 4-101 I. of the LUDC, which states: I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. The applicant has provided a letter (Exhibit 1) responding to the above criteria in the Land Use and Development Code. IV. Board Options Considering the excerpt from the LUDC, Section 4-101.1., above, the Board has two general options. 1. Approve the requested extension. This option would allow the applicant to work to satisfy the conditions of approval and construct the facility. The extension would be authorized for one year, until May 6t", 2020. 2. Deny the requested extension. This option would mean that the approval issued under Resolution 2016-54 would be void. If the Applicant wanted to pursue the project they would be required to submit a new application pursuant to the Garfield County Land Use and Development Code of 2013, as amended. An Application for an Solar Energy System, Large - Land Use Change Permit in the Rural zone district where this property is located would be required to go through a Major Impact Review.