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HomeMy WebLinkAboutR11-096 Solar Farm Special Use Permit EAGLE COUNTY, CO 201116436 TEAK J SIMONTON Age: 4:23:58PM 09/06/2011 REC: $0.00 DOC: $ II I 1 111 11 11 111 1111111 1 ll I ?, tk Commissioner 1 moved adoption of the following Resolution: • RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - 09 (0 APPROVAL OF THE SPECIAL USE PERMIT (CLEAN ENERGY COLLECTIVE, LLC) SOLAR FARM FILE NO. ZS-2756 WHEREAS, on or about May 5, 2010, the County of Eagle, State of Colorado, accepted for filing an application submitted by Clean Energy Collective, LLC (hereinafter "Applicant") for the purpose of installing a Solar Energy Device located in the Resource Zone District in the unincorporated area of Eagle County described as follows: A five acre parcel of land located within the "Lane Property", situated in portions of Section 35, Township 7 South, Range 87 West and Section 2 of Township 8 South, Range 87 West of the 6 P.M., County of Eagle, State of Colorado, east of El Jebel, accessed via Tree Farm Drive, and; WHEREAS, the Applicant requested the approval of a Special Use Permit to allow for the phased installation of a 2 mega-Watt community-owned Solar Farm, and; WHEREAS, notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E, and; WHEREAS, at its public hearings held on April 7, 2011, and May 19, 2011, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use, and; WHEREAS, at its regular public hearing of July 6, 2011, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed Special Use; associated plans; the 1 statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons, and; the recommendation of the Roaring Fork Valley Regional Planning Commission, and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Mid - Valley Community Master Plan, and the Eagle County Open Space Plan, as well as comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That pursuant to Eagle County Land Use Regulations Section 5 -250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses; specifically under Section 3 -310.P Zone Standards for Exploration, Extraction, and Processing Operations. (4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. • 2 (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire rotection, and emergency p g Y medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for the Clean Energy Collective, LLC Solar Energy Device, located in the Resource Zone District, in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Prior to or concurrent with any building, electrical, grading or other, miscellaneous permit application, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the Special Use, or otherwise adequately addressed as evidenced by written documentation from the applicant, inclusive of revised plan documents: i. Eagle County Environmental Engineering Department correspondence dated Friday, January 28, 2011; ii. Eagle County Wildfire Mitigation Manager correspondence dated January 18, 2011; iii. Basalt and Rural Fire Protection District correspondence dated January 27, 2011; iv. Town of Basalt correspondence dated January 25, 2011 and March 3, 2011; 3 v. State of Colorado Geological Survey correspondence dated January 20, 2011. 3. The Applicant shall continue to work with the Basalt and Rural Fire Protection District and the Eagle County Wildfire Mitigation Manager to address site - specific recommendations generated during meetings held on 1/21/11 and 1/26/11. 4. If phased construction is deemed by Applicant to be appropriate based on market conditions, the project shall be phased so that Phases I and II are constructed first, with subsequent phases (Phases III and IV) subject to administrative review by the Community Development Director prior to or concurrent with any building permit or other required permit, to ensure all applicable conditions of approval for the special use permit have been or can be satisfactorily addressed. 5. Solar panel and mounting equipment surfaces shall be matte or low - glare finish, inclusive of flat or matte finished frames using natural, anodized colors commercially available at the time of installation, to minimize visual impacts. 6. The Applicant shall work with staff to identify those areas outside of defensible space zones and between the solar farm and the Hwy. 82 corridor, where additional plantings (fire resistive trees) could be introduced to aid in providing visual screening of the solar farm. 7. According to representations made by the Applicant, no lighting will be installed in association with the solar farm or related improvements. 8. The Applicant shall provide a Construction Management Plan with any building or grading permit application. 9. The Applicant shall have three (3) years in which to establish the Special Use and to perfect vesting; however, the Applicant may request an extension, not to exceed an additional two (2) years, based on market conditions and other considerations. Such extension may be granted administratively by the Director of Community Development based upon the Applicant's ability to demonstrate that failure to proceed with development of the Special Use was beyond the Applicant's control; the Special Use is not speculative in nature; the Special Use still complies with the Eagle County Land Use Regulations and the Comprehensive Plan, and; there is a reasonable likelihood that the Special Use will be developed in the next two (2) years. 4 THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ( (Q day of 44 )& U i r , 2011, nunc pro tunc to the 0 day of July, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and .J' + �- Its BOARD OF COUNTY COMMISSIONERS ATTEST: ° - c` Vi } � z 1 I r _ , d T ak J. Sim'o toRt,o Ji n S a . - Clerk to the Board of /r! County Commission- B . V __..---r D ►UI v " Peter F. Runyon, Commi • er BY: Shi-La_(271,To -- S ara J. Fisher, C ioner Commissioner S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney t Commissioner Peter F. Runyon Commissioner Sara J. Fisher , _ H This Resolution passed by 0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5