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HomeMy WebLinkAboutR15-028 LUR Amendment Pertaining to Solar Energy Systems Commissioner Iz ` 1k3c_.4 moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO a RESOLUTION NO.2015- Ov U Eagle County File No.LUR-5253 RESOLUTION APPROVING THE EAGLE COUNTY LAND USE REGULATION AMENDMENT PERTAINING TO SOLAR ENERGY SYSTEMS WHEREAS, Eagle County, Colorado(the"County") is a political subdivision of the State of Colorado(the"State"), duly organized and existing pursuant to the laws and the Constitution of the State; and WHEREAS,the Local Government Land Use Enabling Act, 29-20-101, et seq.,C.R.S. ("Land Use Act"), and the County Planning Code, 30-28-101 et seq., C.R.S. ("Planning Code")expressly delegate paramount authority to counties to implement land use regulations on unincorporated territory within their boundaries; and WHEREAS, the Board finds and determines that reasonable regulations on solar energy systems in Eagle County are necessary to further these roles of development review; and WHEREAS, the County supports the development and use of energy efficiency and renewable energy projects in Eagle County; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations ("ECLUR") attached as Exhibit "A", are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby APPROVES File No. LUR-5253, and the amendments to the ECLUR attached hereto as Exhibit"A"; and THAT, such amendments shall be applicable to all building permit applications for Solar Energy Systems in any zone district in unincorporated Eagle County submitted to the County on or after March 4, 2015; and 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 ( day of April, 2015,nunc pro tunc, the 3rd day of March, 2015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD O COUN Y COM k SSIOi ERS ATTEST: tz Clerk to the Board of Kathy I, andler-Henry County Commissioners Chairman rn nne McQuee omm' Toner Alp "Sn H. Ryan ommissioner Commissioner IM C QV LA.1--�t �--t seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry H Commissioner McQueeney ' Commissioner Ryan This resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado . . . EXHIBIT 'A' EAGLE COUNTY LAND USE REGULATIONS ARTICLE 2 DEFINITIONS SECTION 2-100. PURPOSE The purpose of this Article is to define words, terms and phrases contained within these Land Use Regulations. SECTION 2-110. DEFINITIONS The following words shall have the followi meanings when used in these Regulations. To be added to Article 2 Definitions of the Eagle County Land Use Regulations Ancillary Solar Enor*,System: Any Solar Energy System which purpose is to provide up to 120%of the energy to support other structures and/or on-site uses contained upon subject property. Such systems are incidental to other primary use(s) on the property and may be structure-integrated or ground-mounted. Concentrated Solar I)ei'ice: Solar devices which utilize mirrors. lenses, or reflectors to magnil\' and/or concentrate solar rays. Grid-Tied Solar System: A photovoltaic solar system that is connected to an electric circuit service territory maintained by an electric utility company. Ground-mounted solar energy system: A Solar Energy System which is free-standing and constructed upon a natural and/or improved surface, including but not limited to pedestal mounted collectors, tracking devices, bzokudiuguxmociaUodiufrumtruntureundxbeinq»rovcnzenkx. OfTGrid Solar System: A photovoltaic Solar Energy System in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company. Photovoltaic System: An active Solar Energy System that converts solar energy directly into electricity. Solar EnerD,System: A system of solar collectors and associated equipment to provide for the collection, conversion, storage, and transmission of radiant energy from the sun for electricity generation, space heating, space cooling or water heating. Solar Thermal system: An active Solar Energy System that converts solar energy into hot air or water. J . . . , Solar Farm. Parcel or land area primarily utilized as a Ground-mounted Solar Energy System. Structure-integrated Solar EnerD,System: A Solar Energy System which is constructed upon the rooftop and/or wall of a structure which is incidental to the primary use of the structure, which may include but is not limited to residential and commercial buildings, carports, and/or shade structures. Utility or U ility Facility: Any privately, publicly or cooperatively owned line, facility, or system for producing, ansmitting, or distributing communications, cable television,power, electricity, light, heat, gas, oil,cm e products, water, steam, waste, stoi m water not connected with highway drainage, or any other simila commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any substantially owned or controlled subsidiary. For the purposes of the Code,the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use.The term utility includes those facilities used solely by the utility which are port of its operating plant. As the context provides, the term"utility" may also relate to an action or requirement of a"permittee." Entities accessing utility easements must be registered with the Colorado Secretary of State as a Special District pursuant to CRS Title 32-1. SECTION 3-300. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE (am. 05/15/07) Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", categorizes the uses that are appaicable to the County's resource, agricultural and residential zone districts. The table utilizes the following symbols: ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE A. Use By Right. "R" indicates uses that are uses by right. The Planning Director shall verify that development of a use by right complies with all applicable provisions of these Land Use Regulations,pursuant to Section 5-2100, Certificate of Zoning Compliance. B. Special Review Uses. "S" indicates uses that are allowed, subject to Special Review. The Planning Commission shall make a recommendation and the Board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of these Regulations,pursuant to Section 5-250, Special Uses. C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Planning Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5-2100, Certificate of Zoning Compliance and Section 5-300, Limited Review Use. (am 9/27/99) D. Uses Not Allowed. "N" indicates uses that are not allowed. E. Standards. The "Standards" column refers the reader to particular sub-sections of Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses, when applicable. F. Uses Not Listed.Uses that are not listed in Table 3-300 shall be considered to be uses that are not allowed,unless one(1)of the following occurs: 1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Maps, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed; or 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220, Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 300, "Residential, Agricultural and Resource Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. , ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE TABLE 3-300 RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE(am. 05/15/07) Uses: R.=Use By Right L=Allowed by Limited Fill RMF RSM RSL RR AL AR RL R RP BC2 Standards Review;S=Allowed by pedal Review;N=Not Allowed Public Facilities,Utilities and Institutional Uses 1 R R R R R R R R R R g Sec. 3 310 Bb Structure-integrated ?r Ancillary Ground- Mounted.Solar Enemy System R R R R R R R R R R R Sec. 3-310 Bb Solar Farm over 10-kw N S S S S R R R R N N Sec. 3-310 Bb Solar Farm over 80-kw N S S S S S S S S N N Sec. 3-310 Bb Concentrated Solar Device N N N N N N N N N N N SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar'factors. Those uses lin the residential, agricultural and resource zone districts for which such additional standards have been identified are listed in the "Standards" column of Table 3-300 "Residential, Agricultural and Resource Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following section addresses: A. Accessory Dwelling Unit B. Conservation Subdivision(am 11/07/07) C. Bed and Breakfast D. Day Care Center E. Group Home F. Home Business G. Airport, Landing Strip,Utility or Air Carrier H. Utility Transmission and Distribution Facilities I. Water and Sewer Projects(am 02/11/03) J. Park, Open Space or Greenbelt K. Recycling Collection or Drop-Off Center L. Reservoirs and Dams M. Water Diversion Structures,Ditches and Pipeline Structures N. Water Storage or Impoundment Facility,Water or Wastewater Treatment Facility O. Studio for Arts and Crafts P. Exploration, Extraction and Processing Operations Q. Land Application of Sludge R. Farm or Ranch Stand/Sales of Agricultural Products 1 ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE S. Forestry T. Mass Gatherings U. Outfitter and Guide V. Resort Recreational Facility W. Temporary Building or Use X. Temporary Housing Y. Mobile Home and Recreational Vehicle Parks Z. Multi-Housekeeping Dwelling Unit Aa. Tree Storage(orig 03/12/02) Bb. Solar Energy Device System(orig 09/11/07)(am 03/24,15) Cc. Small hydro Electric Energy(orig 09/11/07) Dd. Small Scale Wind Energy Systems (orig 09/11/07) Ee. Landscape Storage Yard(orig. 10/09/07) Ff. Marijuana Cultivation, Manufacturing or Testing(orig. 12/31/13) 310-Bb would be replaced in its entirety as follows: 310-Bb. Solar Energy Systems. Solar Energy Systems able to convert radiant energy from the sun into clean renewable energy are generally encouraged in Eagle County. It is the goal of this section of the Land Use Regulations to allow for development of Solar Energy Systems while encouraging responsible design, and providing for appropriate public process when the scale, location, and/or design presents neighborhood, area, and/or community impacts. 1. Reflectivity. All Solar Energy Systems shall incorporate anti-reflectivity coating provided by the manufacturer, as well as non-reflective materials for racking, structural,and/or other associated equipment. Concentrated solar devices are prohibited. 2. Setbacks. All Solar Energy Systems shall comply with dimensional limitations articulated Table 3-340, including height, setback, and lot coverage. 3. Structure-Integrated Solar Energy System. A Structure-Integrated Solar Energy System shall be allowed as a use by right regardless of production capacity. Such systems shall be incidental to the primary use of the structure and subject property, and are encouraged to be flush with the roof/top and/or wall, architecturally integrated, and utilize anti-reflective materials. 4. Ground-Mounted Solar Energy Systems. a. Ancillary Ground-Mounted Solar Energy Systems. Ancillary Ground-Mounted Solar Energy Systems 15-feet or less in height measured from the highest point of the improvement to existing or finished grade,whichever is more restrictive; shall be allowed as a use by right. b. Solar Farm. Solar farms over 80-kw rated nameplate capacity or equivalent in rural ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE areas of the county, and over 10-kw rated nameplate capacity or equivalent in community centers, designated community buffer areas, and in zone districts articulated in Table 3- 300 shall complete a Special Use Review and approval pursuant to Section 5-250 and Standards identified below in Section 3-310 Bb.4. 5. I Standards. The following standards shall apply to Solar Energy Systems completing special use review in addition to the standards specified pursuant to Section 5-250 Special Use: a. Setbacks. All Solar Energy Systems must comply with required height and setback requirements as defined in Table 3-340: Schedule of Dimensional Limitations. b. Design minimizes adverse visual impact. The project applicant shall demonstrate through visual impact analysis,materials,and/or screening to the extent practicable,that the project will not create adverse visual impact to neighboring properties, surrounding areas, and community buffers as further detail necessary to support Section 5-250.B.4 Design Minimizes Adverse Impact. c. Utility grid interconnection. The project applicant shall provide to the County the system design and interconnection to the grid; and evidence such design has been accepted or approved by the associated utility provider. d. Longevity and reclamation. The project applicant shall identify the proposed timeline for its use, and shall submit a reclamation plan specifying the reclamation of the project site which will occur upon termination of use. SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3-32 , "Commercial and Industrial Zone Districts Use Schedule", categorizes the uses that are applicable the County's commercial and industrial zone districts. A. Sy bols.Table 3-320 utilizes the same symbols as are described in Section 3-300,Residential, Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed.Uses that are not listed in Table 3-320 shall be considered to be uses that are not allowed,unless one of the following occurs: 1. Regulations Amended.An amendment to these Land Use Regulations is adopted, pursuant to Section 5-230,Amendments to the Text of These Land Use Regulations or the Official Zone District Map,that lists the use in the table and indicates in which zone ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220,Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 320, "Commercial and Industrial Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R=Use By Right;L=Allowed by Limited Review; C/L' CIG' I' RCZ Standards S=Allowed by Special Review;N=Not Allowed Retail Uses,Restaurants,Personal Services and Offices Solar Energy Device R R RR Sec. 3 310 Bb Structure-integrated or Ancillary Ground-Mounted Solar Energy System R R RR Sec. 3-310 Bb Solar Farm ON 10-kw S S S S Sec. 3-310 Bb Concentrated Solar Device N N NN SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions,but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards are identified in the "Standards" column of Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following uses are addressed in this section: A. Drive-in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle,Aircraft and Pleasure Boat Rental E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture, Compounding,Processing, Packaging or Treatment of Products G. Dwelling Units ■ ARTICLE 3: ZQNE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE H. Adult Entertainment Use I. Medical Marijuana Dispensary A. through I., No Change. J. Solar Energy Systems. 330-J. Solar Energy Systems. Solar Energfy Systems able to convert radiant energy from the sun into clean renewable energy are generally encouraged in Eagle County. It is the goal of this section of the Land Use Regulations to allow for development of Solar Energy Systems while encouraging responsible design, and providing for appropriate(public process when the scale,location,and/or design presents neighborhood, area, and/or community impacts. 1. 1 Reflectivity. All Solar Energy Systems shall incorporate anti-reflectivity coating provided by the manufacturer, as well as non-reflective materials for racking, structural, and/or other associated equipment. Concentrated solar devices are prohibited. 2. Setbacks. All Solar Energy Systems shall comply with dimensional limitations articulated Table 3-340, including height, setback, and lot coverage. 3. I Structure-Integrated Solar Energy System. A Structure-Integrated Solar Energy System shall be allowed as a use by right regardless of production capacity. Such systems shall be incidental to the primary use of the structure and subject property, and are encouraged to be flush with the roof/top and/or wall, architecturally integrated, and utilize anti-reflective materials. 4. Ground-Mounted Solar Energy Systems. a. Ancillary Ground-Mounted Solar Energy Systems. Ancillary Ground-Mounted Solar Energy Systems 15-feet or less in height measured from the highest point of the improvement to existing or finished grade, whichever is more restrictive; shall be allowed as a use by right. b. Solar Farm. Solar farms over 10-kw rated nameplate capacity or equivalent in zone districts articulated in Table 3-320 shall complete a Special Use Review and approval pursuant to Section 5-250 and Standards identified below in Section 3-330 J.5. 5. Standards. The following standards shall apply to Solar Energy Systems completing special use review in addition to the standards specified pursuant to Section 5-250 Special Use: ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE a. Setbacks. All Solar Energy Systems must comply with required height and setback requirements as defined in Table 3-340: Schedule of Dimensional Limitations. b. Design minimizes adverse visual impact. The project applicant shall demonstrate through visual impact analysis,materials, and/or screening to the extent practicable,that the project will not create adverse visual impact to neighboring properties, surrounding areas, and community buffers as further detail necessary to support Section 5-250.B.4 Design Minimizes Adverse Impact. c. Utility grid interconnection. The project applicant shall provide to the County the system design and interconnection to the grid; and evidence such design has been accepted or approved by the associated utility provider. d. Longevity and reclamation. The project applicant shall identify the proposed timeline for its use, and shall submit a reclamation plan specifying the reclamation of the project site which will occur upon termination of use. . . r �