HomeMy WebLinkAboutR15-029 Authorization Lifting the Temporary Moratorium Building Permits in Solar Panels Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2015- 0 Z61,
RESOLUTION AUTHORIZING THE LIFTING OF THE TEMPORARY
MORATORIUM ON ALL BUILDING PERMIT APPLICATIONS THAT WOULD
RESULT IN THE INSTALLATION OF GROUND-MOUNTED SOLAR PANELS OR
SOLAR ENERGY DEVICES OF 79 KW OR LESS ON PROPERTY IN ANY ZONE
DISTRICT IN UNINCORPORATED EAGLE COUNTY
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 County had begun to receive building permit applications for the
installation of ground-mounted solar panels or solar energy devices (collectively "Solar Energy
Devices") in agricultural, residential and commercial areas within unincorporated Eagle County;
and
WHEREAS, the County determined that the Eagle County Land Use Regulations
("ECLUR") did not adequately address the operation, use and potential impact of ground-
mounted Solar Energy Devices on the community and surroundings areas; and
WHEREAS, on September 16, 2014, a temporary moratorium on all building permit
applications that would result in the installation of ground-mounted solar panels or solar energy
devices of 79 KW or less on property in any zone district in unincorporated Eagle County was
approved by the Eagle County Board of County Commissioners (the "Board") via Resolution
2014-080; and
WHEREAS, the purpose of Resolution 2014-080 was to enable the County sufficient
time to review, study, hold public hearings and prepare and adopt amendments to the ECLUR to
address the operation, use and potential impact of ground-mounted Solar Energy Devices on the
community and surroundings areas; and
WHEREAS, the County thereafter studied Solar Energy Devices to ascertain the
potential impact of these devices on development within unincorporated Eagle County, and the
use of these devices for generation of electrical power for public and private use, and
WHEREAS, the County developed amendments to the ECLUR to address the operation,
use and potential impact of ground-mounted Solar Energy Devices on the community and
surroundings areas and held public hearings for the review of such amendments; and
WHEREAS, said amendments were competed and approved by the Board at its regular
meeting on April 21, 2015 via Resolution 2015- AS ; and
WHEREAS, the Board has determined that the temporary moratorium on all building
permit applications that would result in the installation of ground-mounted solar panels or solar
energy devices of 79 KW or less on property in any zone district in unincorporated Eagle County
should now be lifted.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, as of March 4, 2014, the temporary moratorium on all building permit
applications that would result in the installation of ground-mounted solar panels or solar energy
devices of 79 KW or less on property in any zone district in unincorporated Eagle County is
hereby lifted.
THAT, the County will now accept and take action on applications for building permit
applications that would result in the installation of ground-mounted solar panels or solar energy
devices of 79 KW or less on property in any zone district in unincorporated Eagle County.
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the Z— ( day of April, 2015.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
ATTEST: 07
g 114
By: It • _='. ►'� By A. / /(ALd&
Teak J. Simonton Kathy handler-Henry •
Clerk to the Board of Chairman
County Commissioners j'� (,
By:
1 ' r��C
nne McQueen6
ommissioner
By:
illian H. Ryan
Commissioner
Commissioner t seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Chandler-Henry
Commissioner McQueeney •
Commissioner Ryan "
3
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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