HomeMy WebLinkAbout988803 - Recorded Resolution■filh���RC ih�:h'SIRILgill
Recepiian#: 988803
08/2112023 10:59:33 AN Jao,,,,n K. Harmon
1 of 9 Ree Fee:$0.00 Doc Fa:0.00 GARFIELD COUNTY GO
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 71h day of August A.D. 2023, there were present:
John Martin
, Commissioner Chairman
Mike Samson
, Commissioner
Tom Jankovsky
, Commissioner
Kelly Cave
, Assistant County Attorney
Jacklyn K. Harmon
, Clerk of the Board-AtSE@►T
Bentley Henderson
. Deputy County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. Zta5"171
A RESOLUTION OF APPROVAL FOR A MAJOR LAND USE CHANGE PERMIT FOR
A LARGE SOLAR ENERGY SYSTEM WITHIN THE RURAL ZONE DISTRICT. THE
PROPERTY, OWNED BY EAGLE SPRINGS ORGANIC LLC IS LOCATED NEAR
THE INTERSECTION OF COUNTY ROADS 346 AND 315, APPROXIMATELY 2.5
MILES EAST OF THE CITY OF RIFLE, IN SECTIONS 17,18, 20 TOWNSHIP: 6
RANGE: 92 WEST OF THE 6TH P.M., GARFIELD COUNTY.
PARCEL NO# 217918100691, 217917300732, 217917200710
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request
for a Substantial Modification to a Large Solar Energy System Permit approved by Resolution
2011-49 at Reception No. 808081 and with a Permit at Reception No. 820265. In accordance
with Section 4-106 of the Land Use and Development Code of 2013, as amended, substantial
modifications require a new application for a Land Use Change Permit.
B. AES Eagle Springs Organic, LLC on behalf of the property owner, submitted a Major Impact
Land Use Change Permit for a Large Solar Energy System. (File No. MPPA-04-23-8956)
B. The Large Solar Energy System is to be located on Parcels with a combined acreage of 257.56
acres, owned by Eagle Springs Organic. The property is further described in Exhibit A, Legal
Description. The Large Solar Energy System will have a site footprint of approximately 53.9
■III 14 ��RI�� �PP?: '�� G�V �'�Jl��,��1f �11:��; f��� I'� �� YI����� 11 Ill
Reception#: 988803
09/2112023 10:59:33 AN Jacklyn K. Harmon
2 of 9 Ree Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO
acres shown in Exhibit B and AES Eagle Springs Organic will lease approximately 95 acres to
AES Eagle Springs Organic, LLC.
C. The subject property is located within unincorporated Garfield County in the Rural Zone
District, approximately 2.5 miles east of the City of Rifle, along County Roads 346 and 315.
D. Large Solar Energy System Uses may be permitted in the Rural zone district with a Major
Impact Review Land Use Change Permit.
E. The Board is authorized to approve, deny, or approve with conditions a Major Impact Land Use
Change permit application resulting in issuance of a Land Use Change Permit pursuant to the
Garfield County Land Use and Development Code, as amended.
F. The Board of County Commissioners opened a public hearing on the 71' day of August, 2023
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.
G. The Board of County Commissioners closed the public hearing on the 71s day of August, 2023
to make a final decision.
H. 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
construction and operation of the AES Eagle Springs Organic LLC Large Solar Energy
System, which is a substantial modification of an existing permit, 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 applicable Waivers, the
application has adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
2
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Reception#: 988803
08/21/2023 10:59:33 AM Jacklyn K. Harmon
3 of 9 Rec Fee:$O.00 Doc Fee:o.00 GARFI=_LD 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 Large Solar Energy System is hereby approved subject
to compliance with the following conditions:
1. All representations made by the Applicant in the application for the construction and
operation of a Solar Energy System, Large shall be conditions of approval, unless
specifically altered by the deciding authority.
2. The construction and 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.
3. This permit shall supersede the previous permit's (Reception 4820265) site plan and
conditions of approval
4. Prior to the issuance of the Land Use Change Permit, the parcels shall be appropriately
combined into a single parcle that contains the entirity of the Solar Energy System, Large.
5. Prior to issuance of a Land Use Change Permit, the applicant will submit all required
vegetation reclamation securities and/or related documentation.
6. Prior to issuance of a Land Use Change Permit, the applicant shall provide stormwater
calculations comparing current and post project storm flows and provide a response as to
whether onsite detention is warranted for peak flow mitigation.
7. Prior issuance of a Land Use Change Permit, the applicant shall provide acceptable
information related to the long term decommissioning and reclamation of the site.
8. Prior issuance of a Land Use Change Permit, the applicant shall provide glare analysis
showing that glare will not be an issue for pilots during takeoff and landing.
9. Prior to the operations, all easements and agreements for the site's irrigation ditches,
eletrical connections, access, and other will be recorded and provided to staff.
10. The Applicant shall provide the Sheriff's office and Colorado River Fire Rescue District a
combination lock or a Knox box to access gate for emergency access to fires.
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Reception#: 988803
08/21/2023 10:59:33 AM Jacklyn K. Harmon
4 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
I I. The applicant will schedule sufficient training days to Colorado River Fire Rescue District.
12. The applicant will acquire and maintain all necessary permits with the County (including
driveway and grading/drainage), state, and federal government.
13. Construction and maintenance scheduling shall be done in accordance with the
application's proposals for mitigating wildlife impacts.
14. Onsite vegetation will be maintained in accordance with the Vegetation Management Plan,
including establishment and mowing.
15. The Applicant shall ensure that the glare produced by the completed solar system does not
exceed the modeling results provided in the submitted Glare Analysis. If it is exceeded then
mitigation measures will be implemented to bring the produced glare into the proposed
range.
16. Emergency contacts shall be updated annually. Contacts for local District Wildlife Manger
should be included. Emergency contacts and response plans for the site shall be provided
to Colorado River Fire Rescue District.
17. The applicant shall ensure that Colorado River Fire Rescue District has adequate access,
and yearly inspections.
18. The applicant will work with Garfield County Vegetation Management on determining
revegation success.
19. The applicant shall submit noxious weed treatment records by October 3111 each year to
Garfield County Vegetation Management.
20. The applicant will fulfill and maintain their agreement with the AVLT.
4
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Reception#: 988803
08/21l2023 10:59:33 AM .lacklyn K. Harmon
5 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Dated this l� day of Air 11A A.D. 20.
ATTEST:
Board
Upon motion duly made and s
following vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
pted by the
COMMISSIONER CHAIR JOHN F. MARTIN Nay
COMMISSIONER MIKE SAMSON Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)ss
County of Garfield )
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 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
5
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Reception#: 988803
08/21/2023 10:59:33 AM Jacklyn K. Harman
6 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1:
A tract of land being situated in Sections 17, 18 and 20, Township.6 South, Range 92 West of the
6th, P.M., County of Garfield, State of Colorado, and being more particularly described by metes
and bounds as follows:
Beginning at the Southeast corner of said Section 17, said point being a Garfield County
Surveyor brass cap and standard monument found in place; thence south 00*35'11" East 2625.60
feet along the East line of said Section 20 to the East 1/4 corner of said Section 20, a rebar and
aluminum cap PLS No. 13501 found in place; thence departing said East line south 00035'08"
East 642.09 feet; thence North 89°43'26" West 645.22 feet; thence North 00°35'26" West 945.17
feet; thence North 54° 12'00" East 746.74 feet; thence North 00°35'33" West 1777.63 feet; thence
North 40°00'53" West 137.56 feet to a point on the South line of said Section 17; thence North
89°37'23" West 2515.69 feet along said South line to the South 1/4 corner of said Section 17 a
Garfield County Surveyor brass cap and standard monument found in place; thence North
89°37'13" West 1330.74 continuing along said South line to the Southwesterly Right of Way of
Garfield County Road No. 315 as constructed and in place; thence along said Southwesterly
Right of way the following five courses: thence North 63°09'59" West 185.49 feet; thence
385.40 feet along the arc of a curve to the left having a radius of 2327.53 feet, a central angle of
09129'14" and sub -tending a chord which bears North 67°54'36" West 384.96 feet; thence North
72°39'13" West 261.24 feet; thence 406.34 feet along the arc of a curve to the right having a
radius of 1048.35 feet, a central angle of22°12'28" and sub -tending a chord which bears North
61 °32'59" West 403.80 feet; thence North 50°26'45" West 245.92 feet to a point on the West line
of said Section 17; thence departing said Right of way line North 00°48'45" West 656.92 feet
along said West line to the Northeast corner of the Southeast 1/4 Southeast 1/4 of said Section
18; thence South 88°44'03" West 75.17 feet along the North line of said Southeast 1/4 Southeast
1/4; thence departing said North line North 00°43'33" West 638.39 feet; thence South 55°12'50"
West 55.15 feet; thence South 64°09'45" West 112.73 feet; thence North 73°51'26" West 99.23
feet; thence North 42'08'11" West 92.15 feet; thence North 30°56'09" West 126.67 feet; thence
North 35°47'40" West 151.00 feet; thence North 30"14'52" West 141.82 feet; thence North
239710" West 121.36 feet; thence North 02'38'11" West 120.69 feet; thence North 88°07'22"
East 1972.14 feet; thence South 00°24'51" East 446.48 feet; thence North 89°35'09" East 73.48
feet; thence North 67°35'52" East 75.86 feet; thence North 41 °23'33" East 197.11 feet; thence
"North 65010'14"E. 89.21 feet; thence South 88037'32" East 310.70 feet; thence North 32°07'59"
East 137.37 feet; thence North 57°43'16" East 114.45 feet; thence South 81°56'44" East 253.28
feet; thence South 64°41'l8" East 224.24 feet; thence South 32°49'27" East 622.16 feet; thence
South 109243" East 232.55 feet; thence South 5712337" East 312.29 feet; thence South
44°56'02" East 187.07 feet; thence South 58°45'19" West 201.71 feet; thence South 10°52'22"
West 184.25 feet; thence North 86'10'25" West 182.21 feet; thence South 62°43'01" West
194.06 feet; thence South 05°00'15" West 194.47 feet; thence South 63°00'39" East 224.98 feet;
thence South 45°43'10" East 392.64 feet; thence North 68°54'07" East 732.84 feet; thence North
00°29'15" West 606.92 feet; thence North 89°39'58" East 739.15 feet; thence South 00°28'01"
East 659.16 feet; thence North 899 V59" East 304.20 feet; thence South 00°28'01" East 579.34
6
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Reception#: 988803
08/21/2023 10:59:33 AM Jacklyn K. Harmon
7 of 9 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
feet: thence South 89°37'23" East 287.37 feet; thence South 00°28'01" East 99.61 feet to the
Point of Beginning.
Parcel 2:
A tract of land situated in Section 17 and Section 18, Township 6 South, Range 92 West of the
6th P.M., being more particularly described as follows: Beginning at a point whence the Nl/4
Comer of said Section 18 bears North 53°43'31" West 2950.59 feet; thence South 83'05'10" East
280.42 feet; thence South 58°13'39" East 82.34 feet; thence North 83"41'54" East 1255.44 feet;
thence South 00°24'51" East 899.93 feet; thence South 8810722" West 1972.16 feet; thence
North 60'58' 16" West 75.18 feet; thence North 35°34'51" East 486.24 feet; thence North
17°45'51" East 495.51 feet to the Point of Beginning, County of Garfield, State of Colorado.
Parcel 3:
A tract of land situated in Section 18, Township 6 South, Range 92 West of the 6th P.M., being
more particularly described as follows: Beginning at a point whence the NIA Corner of said
Section 18 bears North 19°05'52" West 1382.10 feet; thence North 89'20'17" East 2115.85 feet;
thence South 22'10'26" West 501.22 feet; thence South 17°45'51" West 495.51 feet; thence
South 35°34'51" West 486.24 feet; thence North 84*32'15" West 133.17 feet; thence North
46c24'49" West 422.28 feet; thence North 43'53' 11 " East 87.60 feet; thence North 46°24'49"
West 30.00 feet; thence South 43'35' 11" West 87.60 feet; thence North 46°24'49" West 1425.13
feet to the Point of Beginning. County of Garfield, State of Colorado.
Parcel 4:
Together with an easement for a buried irrigation pipeline, said easement encumbering a portion
of the SW IASW 1/4 of Section 16 and the SEI/4SE1A of Section 17, Township 6 South, Range
92 West of the 6th P.M., County of Garfield, State of Colorado, said easement being twenty (20')
feet in width and lying ten (10') on each side of the following described centerline: Beginning at
a point from whence the Southeast corner of said Section 17 bears S00°28'01" E, 99.61 feet, said
Southeast comer being a Garfield County Surveyor brass cap and standard monument found in
place; thence along the centerline of said easement the following two courses: 1) N 26°41'17" E,
265.48 feet; 2) N 01'16'08" W, 730.91 feet to the Southerly line of an existing irrigation pipeline
easement as described in document recorded in Book 1784 at Page 431 of the records of said
Garfield County, the Point of Terminus of the easement described herein, County of Garfield,
State of Colorado.
Parcel 5:
Together with and subject to a non-exclusive access and utility easement, for use in common
with Grantor and others situate in Sections 18, Township 6 South, Range 92 West of the 6th
P.M., being thirty (30) feet in width and lying fifteen (15) feet on each side of the following
described centerline. Beginning at a point on the north right of way of Garfield County Road No.
315 whence the Southeast Comer of said Section 18 bears South 41 °08'47" East 3043.89 feet;
thence North 83°01'14" East 43.01 feet; thence along a curve to the left with an arc Iength of
72.98 feet, a radius of 137.21 feet, a central angle of 30°28'37", a chord bearing of North
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Reception#: 988803
08/21/2023 10:59:33 AM Jacklyn K. Harmon
8 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
67°46'56" East, a chord length of 72.13 feet, thence North 52°32'38" East 85.19 feet; thence
along a curve to the left with an are length of 63.79 feet, a radius of 256.00 feet, a central angle
of 14'16'39", a chord bearing of North 45'24'18" East, a chord length of 63.63 feet, thence North
38'15'58" East 50.85 feet; thence along a curve to the right with an arc length of 54.97 feet, a
radius of 153.12 feet, a central angle of 20°34'05", a chord bearing of North 48°33'01" East, a
chord length of 54.67 feet, thence North 58°50'03" East 133.46 feet; thence along a curve to the
right with an arc length of 191.64 feet, a radius of 209.50 feet, a central angle of 52°24'38", a
chord bearing of North 85"02'22" East, a chord length of 185.03 feet, thence South 68"45' 19"
East 145.88 feet; thence along a curve to the left with an are length of 177.43 feet, a radius of
188.46 feet, a central angle of 53°56'36", a chord bearing of North 84°16'23" East, a chord length
of 170.95 feet, thence North 57018'06" East 82.80 feet; thence along a curve to the right with an
are length of 85.89 feet, a radius of 109.47 feet, a central angle of44'57'19", a chord bearing of
North 79°4645" East, a chord length of 83.70 feet, thence South 77°44'35" East 79.54 feet;
thence South 84°49'59" East 123.77 feet; thence along a curve to the right with an are length of
105.16 feet, a radius of 93.58 feet, a central angle of 64°23'03", a chord bearing of South
52"38'28" East, a chord length of 99.71 feet to the Point of Terminus.
/Rece�ticn#: 983803
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EXHIBIT
SITE PLAN
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