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HomeMy WebLinkAboutR13-118 Arion Energy Solar Energy Device Special Use PermitEagle County, CO Teak J Simonton Pgs: 7 REC: $0.00 DOC: $0.00 44'e it- Commissioner •+bUl.- -moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - 1 o RESOLUTION APPROVING SPECIAL USE PERMIT FOR ARION ENERGY SOLAR ENERGY DEVICE (f°EAGLE SOLAR FARM ") FILE NO. ZS -4197 201400008 01/02/2014 01:02:03 PM WHEREAS, on or about March 22, 2013, the County of Eagle, State of Colorado, accepted for filing an application submitted by Arion Energy (hereinafter the "Applicant') for the purpose of installing a Solar Energy Device on certain real property located in the Resource Zone District in the unincorporated area of Eagle County more particularly described as follows: A forty-three acre parcel of land located within the "Red Mountain Ranch Subdivision, Filing No. 3, Lot 4 ", situated in portions of Tracts 53 and 56, Sections 25 and 26, Township 4 South, Range 84 West of the 6`h P.M., County of Eagle, State of Colorado; approximately 2 miles East of the Town of Eagle (the "Property"), and; WHEREAS, the Applicant requested the approval of a Special Use Permit to allow for the installation of a 359.6 kilowatt Solar Energy Device (the "Eagle Solar Farm ") on the Property, and; WHEREAS, the Eagle Solar Farm will consist of sixty -two (62) arrays of ground mounted solar panels located on approximately five (5) acres, near the southern portion of the Property, 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 hearing held on October 16, 2013, the Eagle County Planning Commission (herein after the "Planning Commission "), based upon its findings, did not recommend approval of the proposed Special Use, and; WHEREAS, on November 15, 2013, the Eagle County Board of Commissioners (hereinafter the "Board "), conducted a site visit to the subject property, and; 1 WHEREAS, on at its regular meeting on November 19, 2013, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Planning and Engineering staff,and other interested persons,and the recommendation of the Planning Commission, and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Eagle Area Master Plan, and the Eagle County Open Space Plan,as well as comments of the Eagle County Planning Department,comments of public officials and agencies,the recommendation of the Planning Commission, and comments from all interested parties, 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 Future Land Use Map, 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 the Eagle County Land Use Regulations, 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 protection, and emergency 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 Anion Energy Eagle Solar Farm, located in the Resource Zone District, on the Property located 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 commencing construction of the Eagle Solar Farm,the Applicant is required to demonstrate how Colorado Parks and Wildlife ("CPW") recommendations will be adhered to with regard to disturbance,buffer zones and mitigation. Specifically,the Applicant is required to provide a"perpetual mitigation plan"using 3-5 year cycles(or per the CPW)for those areas of the project site where existing vegetation will be disturbed. Said plan should quantify the total acreage of deer and elk habitat to be disturbed or removed, and should include a detailed site plan delineating which areas of the site will be cleared of vegetation (for installation of the solar arrays and, particularly for any new transmission lines to/from the site and the three-phase power lines) and how such impacts will be mitigated either on-site, or off-site, according to CPW mitigation rates. 3. That access to the site for construction of improvements be prohibited,except as otherwise approved by the CPW on a case by case basis,from December 1 3 through April 15, of each year. If a variance to this restriction is granted by the CPW,the Applicant shall submit documentation from CPW verifying the terms of the variance. 4. Prior to commencing construction of the Eagle Solar Farm, the Applicant shall provide written evidence from the Colorado Division of Transportation to confirm that the Eagle Solar Farm will not negatively impact the traveling public on the Interstate-70 and/or U.S. Highway 6 corridors. 5. Solar panel and mounting equipment surfaces shall be matte or low-glare finish,inclusive of flat or matte finished frames using dark colors to blend the panels and other equipment with the surrounding vegetation. 6. Any lighting associated with the site shall be downcast in accordance with dark/night-sky compliant lighting standards; specifically,any on-site lighting shall be designed and installed so as not to direct glare onto adjacent Interstate highway. 7. Any modifications to the existing access road may require coordination and approval by the Eagle County School District. 8. The Applicant is encouraged to re-design the project to remove solar arrays from within the "permanent" access easement on Lot 4. If the Applicant is not able to redesign the project, the Applicant will be required to obtain approval(easement encroachment agreement)from the property owner prior to any installation of panels or arrays within said easement. 9. Prior to commencing construction of the Eagle Solar Farm, the Applicant shall provide a revised Site Plan showing grading,disturbance and locations of solar arrays in accordance with the Applicant's representations at the public hearing concerning altering the location (spacing) of the solar arrays based on site topography;as well,the Applicant will be required to provide a Construction Management Plan consistent with the revised Site Plan with the submission of any building or grading permit application. 10. That the Special Use Permit approval shall be in effect during the term of and any extension of the Applicant's contract with Holy Cross Energy, or its successors or assigns. Upon the termination or expiration of the Applicant's contract with Holy Cross,or its successors or assigns,the Special Use Permit shall automatically terminate as of the date of such termination or expiration. 11. Upon any termination or revocation of the Special Use Permit,the Applicant or its successors or assigns shall be responsible for the deconstruction and removal of the Eagle Solar Farm and all associated equipment, and shall promptly re-vegetate the site within six(6)months of the termination date of the Special Use Permit. 4 THAT,this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT,the Board directs the Planning Department 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 1114 day of PK-1 I.444.6 14 _ 2013, nunc pro tunc to the 19th day of November, 2013. TY OF EAGLE, STATE OF COLORADO, By and e Its BOARD OF COUNTY COMMISSIONERS L M +, ATTEST: ;g , " BY: �� r '! .�oAP`• BY: jaiba_qTeak J. Simo ton Sara J. Fish , hairman Clerk to the Board of County Commissioners BY: . •" Jilli. H. R an, Comm' .ioner /4i - d Kathy Ij andler-Henry, Commi sioner 6 Commissioner T-t SI=kut seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher V\ Commissioner Jillian H. Ryan LA/9S ►1 Commissioner Kathy Chandler-Henry yet,.." This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5