HomeMy WebLinkAboutR14-080 Temporary Moratorium on all Installation of Ground Mountain Solar Panels Commissioner e.11141c-t bL fl- moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
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RESOLUTION NO. 2014- U (0 b
AUTHORIZING THE ADOPTION OF A TEMPORARY MORATORIUM ON ALL BUILDING
PERMIT APPLICATIONS THAT WOULD RESULTS 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 is beginning 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 supports the development and use of energy efficiency and renewable
energy projects in Eagle County; and
WHEREAS,the County has determined that the Eagle County Land Use Regulations("ECLUR")
do not adequately address the operation,use and potential impact of ground-mounted Solar Energy
Devices on the community and surroundings areas; consequently,the County is in the process of studying
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 finds it essential to protect and preserve the environment and the public,
health, safety and welfare of the County and its citizenry, and that it is in the County's best interest,
consistent with the Land Use Act and the County Planning Code to study the operation,use and potential
impact of ground-mounted Solar Energy Devices on development in the unincorporated areas of Eagle
County; and
WHEREAS, a temporary moratorium on all building applications that would result in the
installation of ground-mounted Solar Energy Devices of 79 KW or less in any zone district in
unincorporated Eagle County allows the County sufficient time to review, study,hold public hearings and
prepare and adopt amendments to the ECLUR relating to the allowance, installation and use of ground-
mounted Solar Energy Devices of 79 KW or less in any zone district in unincorporated Eagle County; and
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WHEREAS,based on the foregoing,the Board hereby determines that a temporary moratorium on all
building permit applications that would result in the installation of ground-mounted Solar Energy Devices of
79 KW or less on property located in any zone district of unincorporated Eagle County is necessary and proper
for the protection of the health, safety, welfare and best interests of the inhabitants of the County of Eagle,
State of Colorado.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT,the purpose of this Resolution is to enable the County sufficient time to review, study,
hold public hearings and prepare and adopt amendments to the ECLUR relating to the allowance,
installation, operation,use and potential impact of ground-mounted Solar Energy Devices of 79 KW or
less in any zone district in unincorporated Eagle County.
THAT, it is further the purpose of this Resolution to fulfill the County's constitutional charge and
statutory obligations to protect and preserve the environment and the public health,welfare and safety of
the citizens of Eagle County, and in particular to protect the public health,welfare and safety of the
citizens and the value,use and enjoyment of real property in unincorporated Eagle County during the
interim period described in this Resolution, and thus defer official governmental action until the County
has properly reviewed, studied,held public hearings and adopted amendments, if any,to the County's
LUR, as necessary.
THAT, during a six(6)month period, or until amendments to the ECLUR relating to Solar
Energy Devices of 79 KW or less are adopted,whichever occurs first,the County will not take any action
on any application for a building permit that would result in the installation of ground-mounted Solar
Energy Devices of 79 KW or less on real property located in any zone district of unincorporated Eagle
County.
THAT, it is not the purpose of this Resolution to deny applications for building permits for Solar
Energy Devices that are to be mounted to the roof of a building or structure or that are or would be
permitted by special use permit and which otherwise comply with all applicable codes,regulations and
policies of the County.
THAT, for a period of 6 months from and after the adoption date of this Resolution, ending at
11:59 p.m. on March 16, 2014, or until amendments to the ECLUR relating to Solar Energy Devices of 79
KW or less are adopted,whichever occurs first:
(1) No application on any building permit that would result in the installation of ground-mounted
Solar Energy Devices of 79 KW or less on real property located in any zone district of unincorporated
Eagle County may be filed, accepted, or processed by any Department, Board, Commission, or Agency of
the County, except as provided in this Resolution.
(2) The imposition of the moratorium is not intended to affect nor does it affect the processing of
any building permit for ground-mounted Solar Energy Devices the subject of which has received previous
approval from any Department of the County for any level of review as of July 1, 2014.
THAT,the Board shall provide a mechanism for alleviation of hardships caused by this
moratorium as follows:
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(1)The Board may authorize exceptions to the moratorium imposed by this resolution when it
finds,based upon competent evidence presented to it,that deferral of action on an application for a
building permit for a ground-mounted Solar Energy Devices of 79 KW or less on real property in
unincorporated Eagle County and the deferral of the issuance of the building permit for the duration of the
moratorium would impose a hardship on a landowner or a developer.
(2) A request for an exception based upon a hardship shall be filed with the Director of
Community Development or his designee,together with a fee of$300.00,by the landowner or the
developer, with the consent of the landowner,to cover processing and advertising costs and shall include a
recitation of the specific facts that are alleged to support the claim of a hardship and shall contain such
other information as the Director of Community Development or his designee shall prescribe as necessary
for the Board to be fully informed with respect to the application.
(3) A public hearing on any request for an exception for a hardship shall be held by the Board
at a regularly scheduled meeting of the Board of County Commissioners that occurs after the expiration of
the period for publication of notice of the request for an exception.
(4) Notice of the filing of a request for an exception and the date,time and place of the
hearing thereon shall be published no less than 14 calendar days prior to the date of first public hearing.
Said public notice shall be in a newspaper of general circulation within Eagle County, Colorado.
(5) In reviewing an application for an exception based upon a claim of hardship,the Board
shall consider the following criteria:
a. Whether the applicant prior to September 16, 2014 has contractual commitments and
permits or other approvals of the County to complete the project;
b. Whether the applicant prior to September 16, 2014,has in reliance upon permits or
approvals of the County incurred financial obligations to a lending institution which despite a thorough
review of the alternative solutions,the applicant cannot meet unless the project proceeds; and
c. Whether the moratorium would expose the applicant to substantial monetary liability to
third persons.
The Board of County Commissioners will consider the following non-exclusive factors under the
criteria set forth above:
(1) The history of the property.
(2) The history of any development on the property.
(3) The history of property's future land use map classification.
(4) The history of the property's zoning.
(5) Any change in development when property ownership is changed; and
(6) The present nature, size and use of the property.
(7) Any other factors deemed relevant by the Board in making a hardship determination.
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At the conclusion of the public hearing and after reviewing the evidence and testimony placed
before it,the Board shall approve, approve with conditions or deny the applicant's request for an exception
to the moratorium.
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 I(y day of September, 2014.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
ATTEST:By: C.4%44.7
�' 'w: '' ---
Teak J. Simonton %/...vR o° Jillian H. Ryan, Chairman
Clerk to the Board of
County Commissioners
By: _SI
Sara y. Fisher, Commissioner
By: � �Ii '
Kathy Ch. er-Henry, Commissioner
Commissioner 1 Sf.k-ic.AW- seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jillian H. Ryan VD,101SC.4.../i i
Commissioner Sara J. Fisher 16'y+
Commissioner Kathy Chandler-Henry
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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