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HomeMy WebLinkAbout2.0 Staff Report1 Director Determination – Minor Modification File No. MPPA-04-20-8786 PW PROJECT INFORMATION AND STAFF COMMENTS REQUEST Minor Modification to an Approved Land Use Change Permit for a Large Solar Energy System PROPERTY OWNER DB Solar LLC REPRESENTATIVE Pivot Energy – Luke Rickard ASSESSOR’S PARCEL # 2179-122-00-350 LOCATION 35540 River Frontage Road, New Castle, 81647 EXISTING ZONING Rural I. DESCRIPTION OF THE PROPOSAL Pivot Energy is requesting a Minor Modification to an Approved Land Use Change Permit for a Large Solar Energy System located at 35540 River Frontage Road, New Castle, CO 81647. The application was originally approved via Resolution 2016-54 and subsequently extended through Resolution 2017-38 and 2019-31. The current conditional approval is valid through May 6, 2021. The original approval was obtained by the original solar developer Clean Energy Collective and subsequently taken over by Pivot Energy – the new solar developer on the project. Because the Land Use Change Permit was issued to the property owner, this change in solar representative is acceptable. Since taking over the project, Pivot Energy has identified some minor modifications that they wish to make to the site plan and technical details. Those changes include alterations to the Nameplate Capacity Increase, Solar Module Selection, Electrical Equipment, Fencing and Access, and Inverter Housing. The applicant also makes representations regarding Equipment Painting and Relative Equipment Height. The applicant does not request modifying the Facility Painting condition, rather indicates that they believe they meet the requirement. Since no modifica tion is requested the applicant is still required to meet any applicable Conditions of Approval. 2 The applicant’s proposed changes are minor and mostly technical in nature. Although the facility will now have two Xcel Energy Solar Rewards on the property, there is little functional or visual difference with the proposed Minor Amendments. In fact, the increased electric generation from the facility will be completed using 5,000 solar modules instead of approximately 10,620. Because of the technological updates, there is no expansion of the 10-acre leased area as described in the Resolution that approved the use. Site Plan II. BACKGROUND – AUTHORITY – APPLICABLE REGULATIONS The Solar Facility was approved in 2016 via Resolution 2016-54 and has been extended via Resolutions 2017-38 and 2019-31. The application has not yet met all required Conditions of Approval and a Land Use Change Permit has not been issued. Section 4-106 of the Garfield County Land Use and Development Code sets forth the process for requesting an amendment to an existing Land Use Change Permit. Section 4-106(C) contains criteria for determining if the requested amendment is a Minor Modification. In accordance with the Land Use and Development Code a Pre-Application 3 conference was held and the Director of the Community Development Department made a formal determination that the Application meets the Minor Modification criteria. III. REVIEW CRITERIA – STAFF ANALYSIS The Minor Modification criteria from Section 4-106(C) are shown below with Staff analysis shown in italics. Minor Modifications are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Land Use Change Permit, including Subdivisions, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code as identified in the original Resolution of Approval. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County’s adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. The changes are site plan and technical updates. The original approval was for a solar facility within a 10-acre leased area and the proposed amendments are not increasing that overall acreage. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. The applicant has indicated that the facility will be located within the existing approved 10-acre footprint. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. The applicant has indicated that the driveway to access the facility will be slightly longer, however this function as a driveway access rather than a right-of-way. Additionally, the original submitted site plan stated that, “All dimensions are approximate and subject to final survey, equipment and, design.” 4 7. Do not increase the density; The Amendment does not increase the density of the project. The overall power generated by the site will increase, however this is accomplished through upgraded technology and the overall leased area will not change. The applicant has indicated that fewer solar modules are required. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; c. Any zone district dimensions in Table 3-201. The Amendment does not decrease any of the previous items to an amount below the minimum required in the Rural zone district. IV. RECOMMENDATION The Staff analysis supports a finding that the Application meets the criteria contained in Section 4-106(C) for a Minor Modification. Section 4-106 (C) states that upon finding an application a Minor Modification the Director may approve, approve with conditions or deny the amendment and provide written notice to the Applicant. To this end, staff recommends approval of the Minor Modification with the following conditions. 1. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. All previous conditions of approval contained in Resolution 2016-54 shall remain in full force and effect. 3. The Applicant shall maintain compliance with all standards as required by the Land Use and Development Code of 2013 and previous approvals.