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HomeMy WebLinkAboutbocc.res.095.2019RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF ASPEN CONSOLIDATED SANITATION DISTRICT SOLAR PROJECT SPECIAL REVIEW USE, ACTIVITY ENVELOPE AND SITE PLAN AND GRANTING A PERMIT FOR ACTIVITIES OF STATE INTEREST — SITE SELECTION AND CONSTRUCTION OF MAJOR FACILITIES OF A PUBLIC UTILITY — AND FOR AN AREA OF STATE INTEREST — AREA AROUND AN AIRPORT 1 IIIIII IIIII IIII111111IIIII IIII1111111Il1111III IIIII IIIII IIIII III1III II IN RESOLUTION NO. Off -2019 RECEPTION#: 661280, R: $0.00, D: $0.00 DOC CODE: RESOLUTION RECITALS Pg 1 of 17,1211812019 at 09:51:59 AM Janice K. Vos Caudill, Pitkin County, CO 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Aspen Consolidated Sanitation District ("Applicants") have applied to the Pitkin County Board of County Commissioners ("BOCC") for Special Review Use, Activity Envelope and Site Plan review, and a Permit for an Activity of State Interest for the construction of a major facility of a public utility, a 35 acre ground mounted solar project. 3. The proposed project site is located at the Aspen Consolidated Sanitation -Bio Solids Disposal site. Legally described as all of Lot 4 of Sec 27 & that portion of Lot 1 lying easterly of the centerline of Roaring Fork River of Section 28, Township 9 South, and Range 85 West of the Sixth Principal Meridian in Pitkin County, PID#: 264327200851. 4. The lot is zoned RS -20, is 55 acres, and is located outside the Urban Growth Boundary. 5. The property is owned by the Aspen Consolidated Sanitation District (ACSD) and has been used as a bio - solids disposal site since 1974. In 2005, the disposal operation moved to the Pitkin County Landfill to support the compost program. RES Distributed, LLC, has leased the property from ACSD and will construct and manage the 5 -megawatt (MW) project on 35 acres. 6. In 2017, Holy Cross Energy (HCE) initiated a public Request for Proposal process to procure solar energy from proposed solar facilities located within its service territory. The Pitkin County Solar Project was selected. RES Distributed, LLC will supply electricity to HCE pursuant to a Power Purchase Agreement (PPA). HCE will receive all of the power produced by the Project and has an option to purchase the facility at a future date. RES Distributed, LLC prepared the application. 7. Special Review, Activity Envelope and Site Plan review are required pursuant to Section 2- 30- 30(h)(2) and Sections 7-10-50 and 7-20 of the Land Use Code. 8. The proposed facility is within an "area around an airport or heliport" and, therefore, is within an "Area of State Interest" pursuant to Section 12.20. 10 A. of the Land Use Code, and is subject to review pursuant to Sections 12-30-130 and 12-40-80 of the Land Use Code. 9. The proposed application is "site selection and construction of major facilities of a public utility" and, therefore, is designated as an "Activity of State Interest" pursuant to Section 12.20. 10 B. of the Land Use Code, and is subject to review pursuant to Sections 12-30-140 and 12-40-90 of the Land Use Code. 10. The Community Development Director has determined that this Project is not appropriate for a Finding of No Significant Impact (FONSI) and therefore requires a Permit pursuant to the submittal requirements of Section Resolution No.04� -2019 Page 2 12.30 and the review criteria of Section 12.40 of the Land Use Code. 11. The Application was referred to the W/J Metro District, W/J Homeowners Association, Snowmass Water & Sanitation District, CORE, Brush Creek Metro District, Woody Creek Caucus, Colorado Parks & Wildlife (CPW), Aspen Pitkin County Airport, the City of Aspen Electric Department, Pitkin County Public Health Department, Pitkin County Open Space and Trails, Aspen Fire Protection District (AFPD), and Planning Engineer. Comments were received from the W/J Metro District/HOA, Woody Creek Caucus, CORE, Brush Creek Metro District, Woody Creek Caucus, CPW, Aspen Pitkin County Airport, OST, AFPD, Public Health, and Planning Engineer. 12. The Planning and Zoning Commission conducted a site visit of the project area at a duly noticed public meeting on July 2, 2019. 13. The Planning and Zoning Commission considered the proposed application at duly noticed public meetings July 16, 2019 and August 6, 2019. 14. The Planning and Zoning Commission recommended approval by a vote of 5-1, pursuant to Resolution No.013-2019. 15. A duly noticed public hearing before the BOCC was scheduled for August 28, 2019. That public hearing was continued to September 25, 2019, and then continued again to November 13, 2019, at which time evidence and testimony was presented to the BOCC. 16. The BOCC finds that the application is consistent with the applicable provisions of the Special Review Use Land Use Code Sections 2-30-30(h)(2), 2-40-20(c), 4-30-50(n) asfollows: A. Applicable Master Plans: i. The plans that cover the project area and were considered in the review of this Application are the 1987 Down Valley Comprehensive Plan (DVCP) and the 2003 Pitkin County Comprehensive Plan. ii. Additionally, because of the project's location near Brush Creek, Woody Creek, and the City of Aspen, the 2003 Brush Creek Master Plan, 2016 Woody Creek Master Plan, and 2012 Aspen Area Community Plan (AACP) were also reviewed to inform a more comprehensive overview of the application. iii. None of the Master Plans provide direct guidance regarding public utilities. The majority of the comments from the plans guide growth and development in a manner that best preserves the rural character of Pitkin County. Maintaining scenic quality, preservation of open space and historic agricultural land with low-density residential development are goals found in all the plans. iv. The 1987 DVCP labeled this property Rural Residential (RR) on the Future Land Use Map. The Plan explains that the RR designation was utilized for areas that were not historically irrigated agricultural land or areas of critical wildlife habitat. The Plan states that the map "indicates broad land use designations and portrays a future land use pattern which is intended to serve as a general guide for future land use decisions." v. The 2003 Pitkin County Comprehensive Plan integrates the DVCP and master plans prepared by the individual caucuses into a single coherent County Plan, identifies common land use policy themes, and presents the themes as a policy framework to guide the future development of Pitkin Resolution No.W -2019 Page 3 County. The theme: refine%xpand upon adopted resource conservation strategies is most relevant for this project. The County recognizes that the promotion of renewable energy and the efficient use of natural resources is a conservation strategy that limits the negative impacts greenhouse gas on the environment. vi. The Pitkin County 2017 Climate Action Plan directs the County to act to reduce greenhouse gas emissions. vii. Pitkin County passed, in October of 2019, a Resolution of a Declaration of a Climate Emergency and the Request for Regional Collaboration to Counter Climate Change and Preserve a Flourishing Environment to support the Pitkin County Climate Action Plan. viii. The property has been used as a bio -solids disposal for at least three decades and is underneath the primary flight path for the Aspen/Pitkin County Airport. The property is not appropriate for residential housing. B. The application will preserve the rural character of down valley. When construction is completed, the project will generate very little traffic, no new employees, and no light, sound or odors. C. The property is not impacted by critical wildlife habitat and is not impacted by natural or man- made hazards. D. The application does not conflict with applicable sections of the Code. The plan is consistent with the dimensional requirements of the RS -20 zone district. The proposed solar panels will be less than the maximum height allowed in the Code, which is 16 feet for ground -mounted panels. E. The application is consistent with applicable Land Use policies in Chapter 1 of the Land Use Code. Section 1-60-180: The Ecological Bill of Rights (EBOR) is a policy of the County to implement, among others, the right to the efficient and renewable use of energy. The proposed solar project is estimated to supply enough energy to serve up to 1,000 households with locally generated renewable power. F. The project will not materially endanger the public health, safety or welfare. A glare analysis confirmed that flights to and from the airport will not be negatively affected. The project will increase the use of renewable energy, improve air quality and reduce greenhouse gas emissions. G. The project will not injure the value of adjoining or abutting property because all of the surrounding property is either conserved public open space or institutional property necessary to support the economy and livelihood of the residents and visitors to the area. H. The closest residential properties will not be impacted by the project, once constructed. A glare analysis confirmed minimal or no impact from glare would affect residential properties that have a direct view of the property. After constructed, the project will generate very little traffic, no new employees, and no light or sound or odors. I. The project is consistent with the intent of the zone district, RS -20. The project will replace a light industrial use of the property in an area that is not appropriate for residential development. The project will not create sprawl, as it does not require the extension of utilities. No agricultural operations or environmental resources are impacted. J. The project will not affect the character of the parcels within the immediate area. The proposed Resolution No.6q 4' -2019 Page 4 project replaces a public utility use with another public utility. The project once constructed, will generate very little traffic, no new employees, no light or sounds or odor. The surrounding property is primarily conserved open space. K. The location, size, design and operating characteristics will be in harmony with the surrounding area. The proposed landscaping, berms and matte brown or black fence will help screen the project from users of the Rio Grande Trail. The use of frameless panels will reduce the impact of the utility on the surrounding open space and views from a higher elevation. L. There are adequate public facilities to support this application. No new utilities are required. The location is advantageous due to its close proximity to the existing electrical power grid and there is capacity on this grid for locally generated power. M. The special review use complies with the requirements of Section 4-30-50(p): The proposed Activity Envelope and Site Plan comply with the applicable sections of Section 7-20 of the Code. ii. All infrastructure necessary for the development of the project are bounded by the Activity Envelope and have been reviewed for compliance with the Land Use Code. iii. A Decommissioning Plan and Construction Management Plan were submitted and reviewed. iv. Permits are required by the FAA, Colorado Department of Public Health and Environment - Division of Water Quality Control Clean Water Permitting Sector and Division of Air Pollution Control, and Department of Regulatory Agencies. V. An annual review by the BOCC is required. vi. The shed does not exceed 1,000 square feet in total. The inverters on the site will not be enclosed. The 0.5 transmission line required to take power from the project to the electrical grid will be underground. An annual review of the Special Review Use by the BOCC is required to ensure that all conditions of approval are met. 17. The BOCC finds that the application is consistent with the applicable provisions of the Site Plan and Activity Envelope Land Use Code Section 7-10-50 and Rural Character, Environmental Protection and Natural Hazards Land Use Code Section 7-20 as follows: A. The full height of the panels will be 10'-6", which is less than the 16' maximum height allowed by the Code. The solar field will be visible from Brush Creek Road and Highway 82, but the Project will not break a ridgeline, silhouette against the sky or block views of surrounding peaks. B. The panels will have an anti -reflective coating to reduce glare. A Glare Analysis was conducted for areas surrounding the Project site as well as for the Airport. The Analysis found that only one residential lot indicated a minimal glare impact, though that impact was not visible from the residence itself. One location at the Airport indicated a minimal glare effect. However, the Airport referral comments found that there is no effect on the Airport Traffic Control Tower or flight paths of aircraft operating at the airport. Resolution No. 6'10' -2019 Page 5 C. The project site is adjacent to the Rio Grande Trail and will be highly visible. The Applicant proposes a revegetation plan that will reseed the area that is graded, add berms, and plant over 379 trees and shrubs interspersed with the existing vegetation on the perimeter of the site to create a visual break of the solar field. D. The project will be visible from Brush Creek Road, Brush Creek Village and Highway 82. The solar panel field will use only frameless panels or a dark finish on the frames to reduce any potential for glare and manufactured style. E. The property is mapped low wildfire and the location of the activity envelope is on less than 30% slopes. The activity envelope is not mapped for critical wildlife habitat nor in a migration corridor. An 8 -foot tall security/game fence is required for security purposes, to preclude wildlife passage, and avoid entanglement. There is approximately 910 acres of preserved open space surrounding the site and 725 acres of land for public uses. F. There are no mapped geologic hazards on the site. 18. The BOCC finds that the Activities of State Interest — Permit Application complies with the application submittal requirements pursuant to Section 12.30.60, Section 12.30.130 Additional Submittal Requirements Applicable to Land Use in Areas around an Airport or Heliport and Section 12.30.170 Additional Submittal Requirements Applicable to Site Selection and Construction of Major Facilities of a Public Utility. 19. The BOCC finds that the Application complies with the applicable provisions of Section 12.40. 10 Approval Criteria For Matters of State Interest: A. The Applicant commits to obtain all necessary property rights, permit and approvals prior to site disturbance. B. The Project will not impair the property rights of others. The Project Area is in sole ownership by ACSD, and the Project will not affect adjacent land uses. Staff recommends various mitigation measures to enhance the screening of the Project from the Rio Grande Trail and to ensure that glare is not an issue for adjacent neighborhoods. C. The Project is consistent with the applicable Pitkin County Master Plans. There is no applicable water quality management plan for the Project area. D. The Project is technically and financially feasible. No debt is associated with the Project and construction costs are estimated to be between $6.2M and $7.3M. Construction is proposed to begin in the second quarter of 2010, with completion in the fourth quarter of 2020, weather permitting. Estimated annual operation, maintenance and monitoring costs are estimated to be between $125,000 and $200,000 annually over the life of the Project. E. The Project is not subject to significant risk from natural hazards. The nearest fault is one mile to the west, no geologic hazards are mapped in the Project Area, the soils have low clay content and are not expansive or evaporative, wildfire is mapped as low, and there are no FEMA -mapped 100 - year or 500 -year floodplains. F. The Project will not have a significant adverse effect on land use patterns. The Project has been reviewed based upon applicable Master Plans. The Project will not create roads, services, or housing that would facilitate additional development. Resolution No.Dq')' -2019 Page 6 ii. The proposed Project will not increase impervious surfaces. All roads within the Project footprint will be graveled, and the land beneath panels will be revegetated, allowing continued infiltration. iii. The Project Area is not contiguous with any existing growth centers. Woody Creek is approximately two miles to the north, and Aspen is over four miles to the south. iv. There are no unique landforms in the Project Area. The Subject Property is privately owned. Pitkin County Open Space lands are located in the vicinity, but the Project will not affect the character of these lands. ACSD will provide a conservation easement on the land southwest of the Rio Grande Trail from the top of the gorge down to the river. A berm integrated with the new vegetation will enhance the visual break of project from the trail, and the fence and fencing structure will be a matte brown or black finish to blend the fence into the landscape. V. Local traffic will increase temporarily during construction, but there will be no long- term effects. G. The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services or exceed the capacity of service delivery systems. The Project will provide additional property tax revenue, has a low potential for requiring emergency services, and therefore will be a net positive to funding available for such services. The Project will not require increased capacity or projected capacity for the roads, schools, infrastructure, housing and other services necessary to accommodate development. iii. The Project will not affect the cost of providing the educational, transportation networks, water and wastewater treatment, emergency services or other governmental services or facilities. iv. The Project will not affect housing in the region. Construction workers and operations staff will be local or will reside in hotels, as needed. V. Access to the site is provided via existing public and private roads, and there will be no changes to those roads. The Applicant must provide documentation to the County confirming that access has been secured. Public transportation will not be needed for this Project. H. The Project will not reduce the amount of water available in the future. I. The Project will not create an undue financial burden on existing or future residents of the County. The Project will not affect assessed valuation. The Project will generate approximately $475,000 in tax revenues (nominal amount) from the facility and associated land over the contract life of the Project. iii. The Project will not affect water rights. iv. ACSD is one of the largest users of electricity in the HCE service area. ACSD's participation in this Project will result in improved financial performance for ACSD. Resolution No.oga -2019 Page 7 V. The Project will obtain a Construction General Permit for stormwater discharges, and it will not affect other permits or their availability. The Project will not adversely affect local property taxes. K. The Project will not significantly degrade any current or foreseeable future sector of the local economy. The Project will not result in long-term effects on revenues in any sector of the local economy. ii. The Project Area was previously used for land application of bio -solids and is no longer in productive use. Using the Project Area for energy production will increase its value. iii. The value or productivity of other lands will not be affected. Holy Cross Energy's low - carbon energy goals, aided by the Project, improve the opportunity for economic growth and diversification by creating an environment for sustainable businesses to flourish. L. The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The Project will not affect visitor days. ii. The Project will not affect any water bodies or associated activities. iii. The Project will not affect any fisheries. iv. The Project will not affect any water bodies. V. The Project will not affect any recreational resource access points. The Rio Grande Trail parallels the west side of the site. At this point in the trail, the following items exist on the Property: multiple overhead transmission lines run adjacent to and over the trail, a wood shed with heavy equipment and vehicle storage, a 3/4 -mile gravel drive with stormwater infrastructure, noise emanating from Highway 82, the nearby neighborhood, and the primary flight path for the Aspen Pitkin County Airport. The Project will not change those qualities. Trail users who find the Project a point of interest, will benefit from interpretive signs installed by the Project. The Applicant has proposed enhanced screening as a visual break from the Rio Grande Trail. Staff recommends a matte brown or black finish of the fence and structure in an effort to protect the quality of the trail users' experience. vi. The Maroon Bells/Snowmass Wilderness is 7.5 miles from the proposed site. The Project is located on private land, upon operation will generate little to no noise, and will have only intermittent human activity following construction so there will be only limited additional impacts on wilderness experience or other opportunities for solitude in the natural environment. vii. Hunting is not currently permitted in the Project Area and the Project will not affect hunting. M. The planning, design and operation of the Project shall reflect principals of resource conservation, Resolution No. -2019 Page 8 energy efficiency and recycling or reuse. The proposed Project is a solar energy generating facility, which is consistent with the principle of resource conservation by utilizing a locally generated renewable resource to generate electricity for the community. The Project team is committed to efficiency and sustainability, and requires that all contractors exercise certain conservation techniques, including recycling of materials where possible. N. The Project will not significantly degrade air quality. The Project will not produce any air emissions. Once completed the Project will not produce particulate or any other emissions and will not affect visibility or the local microclimate. The Project will adhere to applicable air quality standards. The Pitkin County Environmental Health Director reviewed the pertinent parts of the Application and found that standard construction management and fugitive dust control measures will adequately address any potential negative impacts from the site's prior use as a bio -solids disposal. O. The Project will not significantly degrade existing visual quality. i. The current visual character includes power lines, homes, heavy equipment and infrastructure in place from the previous bio -solid operation. While the previous use of bio- solid disposal gave the area an appearance of a field, solar panels will now exist within that field. ii. No waterfalls, streams or other natural features will be affected. iii. The grading for the Project wil l affect the entire 35 acres. The Applicant proposes to revegetate the site and provided a revised site plan indicating the proposed landscaping integrated with a berm. However, Staff recommends more details of the irrigation plan, a re -seeding mix specific to revegetation of solar farms, and noxious weed management plan. iv. The Project will be detectable from limited points on Highway 82, the Park and Ride lot, Brush Creek Village and the Rio Grande Trail. The Project will not block views, project above ridgelines or silhouette against the sky. The Applicant submitted a revised landscape plan integrated with a berm to provide better screening from the Rio Grande Trail. Staff also recommends use of frameless panels or matte black finish on the frames to reduce the industrial effect of the panels. There are no forest canopies in the Project Area. There are no unique land formations in the Project Area. There are no buildings associated with the Project. The design and materials used for the solar panels and fencing are compatible with surrounding land uses although Staff recommends a matte brown or black finish on the fence and frameless or matte dark finish on the frames. P. The Project will not significantly degrade surface water quality. i. The Project will not adversely affect any surface waters and/or the water quality. ii. The Project will not discharge pollutants to a surfacewater. iii. The Project will not result in an increase in erosion in the Project Area. iv. The Project will not discharge sediments to a surfacewater. v. The Project will not impact any surface water, channels, or shorelines. vi. The Project will not impact stormwater runoff. There are no lakes or reservoirs near the Resolution No. Oq'� -2019 Page 9 Proj ect Area. vii. The Project will not affect the capacity of the Roaring Fork River or affect the flows in the Roaring Fork River. The Project will not affect dilution rates of any non -point discharges to the Roaring Fork River. Q. The Project will not significantly degrade groundwater quality. The Project will not affect aquifers or groundwater. The Project will not affect wells or the quality of water produced by wells. R. The Project will not significantly degrade wetlands, and riparian areas. i. The Project will not affect wetlands or riparian areas. ii. The Project will not affect species composition in wetlands or riparian areas. iii. The Project does not occur in a transitional area from wetland to upland species. iv. The Project does not occur in a 100 -year or 500-yearfloodplain. S. The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Project will not affect aquatic areas or the flows in the Roaring Fork River. ii. Once the Project is complete, fencing will exclude big game species from the panel array area. Birds and small mammals will still be able to access the area. No threatened or endangered species currently occur, and none is expected to occur based on existing and proposed future habitat conditions. iii. The Project Area occurs within a black bear fall concentration area, and summer range for mule deer. Development of the Project on 35 acres of previously altered habitat will not affect protection and propagation of these species on a local or landscape scale. iv. The Project will not affect aquatic species or aquatic areas. V. The Project will not significantly affect preferred forage species or prey populations, and therefore will have no effect on foodwebs. vi. The Project will not threaten population viability, disrupt dynamics, or affect ecosystem processes. Colorado Division of Wildlife (now Colorado Parks and Wildlife) does not manage or monitor wildlife on the Subject Property and has not requested such access in the comments it has provided to date. T. The Project will not significantly deteriorate terrestrial plant life or plant habitat. There is no habitat for threatened and endangered species. ii. The existing vegetation is predominantly nonnative. The Project will change the composition and diversity of the existing highly disturbed vegetation community within the Project Area by seeding with a native, pollinator -friendly, site suitable seed mix, as approved by Pitkin County. Staff, recommends the Applicant provide a seed mix, noxious weed management plan and detailed schedule for irrigation. Staff recommends a longer irrigation schedule and Resolution No.W-2019 Page 10 requires financial security for the revegetation. The revegetation plan, and subsequent monitoring, will aim to decrease the extent of less desirable species in favor ofnatives. iii. No threatened or endangered species currently and none are expected to occur based on existing and proposed future habitat conditions. U. The Project will not significantly deteriorate soils and geologic conditions. The Project will not result in runoff that would affect any water resources. The Applicant has proposed two detention ponds and is required to acquire a Stormwater Discharge permit from the Colorado Department of Public Health and Environment. ii. The Project will not result in runoff that would affect any water resources. iii. A potentially unstable slope occurs above the eastern bank of the Roaring Fork River within the Subject Property, but the Project will not affectthis feature. iv. The Project will not involve subsurface drilling or excavation. Piles will be driven to a depth of no more than 15 feet below grade and will not exacerbate seismic concerns or subsidence. V. The Project will not cause a nuisance. The Project will not produce anyodor. ii. There may be a temporary, localized increase in dust associated with grading activities during construction. Dust generation will be mitigated through construction site watering. The Project will have to comply with PM 10 Maintenance Area measures. The Project Area will be revegetated and no long-term potential for dust generation is expected. A construction management plan will be required prior to the issuance of any permits. A fugitive dust control will also be required as part of the construction management plan. iii. The Project will not produce any fumes. iv. Solar panels are designed to absorb as much light as possible and are covered with a protective layer of matte glass with an anti -reflective coating. In certain instances, at close range not unlike snow or a lake, this can cause a dull glare. A glare analysis was completed for the FAA and concluded that glare produced by the Project would not affect air navigation at the Aspen Pitkin County Airport. Additional analysis on viewpoints around the Project conclude glare, albeit minimal at one viewpoint, would not be a nuisance. In previous Sections of this memo, Staff has recommended additional measure to ensure that glare is not a nuisance. V. The Project will not release heat and will not increase the local ambient temperature. vi. The Project, upon operation will generate little to no noise or vibrations. vii. The Project will not be artificially lit. viii. Temporary impacts to existing traffic patterns during Project construction will be managed through implementation of a traffic management plan. Once constructed, the Project will have no impact on traffic patterns. Resolution No. NO' -2019 Page 11 W. The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. The Rio Grande Trail is located just west of the Project Area, and a homestead is located east of the Project Area. The trail has been determined to be eligible, and the homestead has been recommended for listing on the National Register of Historic Places. The Project will not result in direct physical impacts to eitherresource. X. The Project will not result in unreasonable risk of releases of hazardous materials. Transportation and installation of solar panels and other equipment will adhere to pertinent regulations and standard practices. RES Distributed, LLC is committed to sustainable practices and recycles materials whenever possible. The Project does not involve long-term storage of fuel, lubricants, or other toxic products. Fuel may be kept on-site during construction, and if necessary, a spill prevention plan will be prepared. Appropriate BMPs will be installed. Y. The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The County will benefit from the Project by increasing its access to locally generated renewable energy, reducing reliance on fossil fuels, and providing stable electricity rates, sanitation district rates, and increased tax revenue. Because the Project Area was most recently used for bio -solids disposal, it is not suitable for many other uses, including residential. The property is located under the Aspen/Pitkin County primary flight path and the 2008 measure day/night average noise levels (DNL) is 60 decibels. The 2017 modeled DNL is also 60 decibels. "The FAA says that a maximum day -night average sound level of higher than 65 db is incompatible with residential communities (2014 Massport — Noise Monitoring)". Z. The Project will not significantly degrade such natural features as water bodies, ridgelines, streambed meander limits and steep slopes. The Project is being constructed in a flat, bench area between the Roaring Fork River and a bluff overlooking the valley. There are no water bodies, ridgelines, stream meanders, or steep slopes in the Project Area. 20. The BOCC finds that the Application complies with the applicable provisions of Section 12.40.80 Additional Criteria to Areas around Airports and Heliports: A. Underground transmission lines will not interfere with navigational signals or radio communications. Existing overhead transmission lines adjacent to the Project Area are a much higher voltage than those for the Project. B. No lighting will be installed for the Project. The results of a glare analysis indicate that takeoff and landing operations will not be affected by potential glare from the Project. Airport staff provided a condition of approval that would address any glare impacts. C. Solar panels will not exceed the maximum allowable height permitted by the Code (12 feet). Visibility will not be impaired by the proposed Project. The landing, takeoff, or maneuvering of aircraft will not be endangered by the proposed Project. D. The Project Area is not exposed to Airport noise in excess of DNL 65 dB (ASE 2009). E. The proposed Project is located between DNL 60 and 65 dB, but does not fall into the categories of projects discouraged such as schools, churches, hospitals, libraries, auditoriums and outdoor amphitheaters and concert halls. Resolution No.6q`�-2019 Page 12 F. Per direction from the County, the need for an avigation easement will be evaluated by Aspen Pitkin County Airport during the application review process. G. There are no residential uses proposed in the Project. H. The proposed project will not adversely affect the Aspen Pitkin County Airport. Form 7460-1, Notice of Proposed Construction or Alteration dated September 12, 2018, was submitted to the Federal Aviation Administration (FAA) for approval. The Project received a letter of "Determination of No Hazard to Air Navigation" dated December 6, 2018 and will not adversely affect Airport operations. 21. The BOCC finds that the Application complies with the applicable provisions of Section 12.40.120 Additional Criteria to Site Selection and Construction of Major Facilities of a Public Utility: A. Facilities shall be sited and constructed in areas, which will result in the proper utilization of existing facilities and associated systems within or serving the County. The Project will interconnect to the existing distribution network located 1/2 mile to the north of the Project. B. Facilities shall be allowed in those areas in which the anticipated growth and development that may occur because of such facility can be accommodated within the financial and environmental capacity of the area to sustain such growth and development and are in accordance with the applicable County land use plans. The proposed Project will not result in growth or development within the planning area encompassed by the Down Valley Comprehensive Plan. C. Existing facilities and associated systems servicing the area must be at or near operational capacity. This Project will allow HCE to bring new subscribers into their renewable energy purchase program. D. If afacility extension or replacement is proposed, the age of existing facilities and associated systems, their operational efficiency, and their state of repair or level of service are such that extension or replacement is warranted. A facility extension or replacement is not being proposed herein. E. If a new facility is proposed, existing facilities cannot be feasibly upgraded or expanded.There are no existing ground mounted, distribution level solar energy generating facilities in Pitkin County. F. Where feasible, major facilities of a public utility shall be located to avoid direct conflict with adopted local comprehensive, State and regional master plans. The Application was reviewed based upon the applicable Master Plans. G. Where feasible, major facilities of a public utility shall be located to minimize dedication of new right-of-way and construction of additional infrastructure (e.g., pipelines, roads, and transmission lines). Road access is already in place and no new right-of-way dedication will be required for the Project. HCE will install a 0.5 -mile distribution line to interconnect the Project to the nearest existing distribution system. HCE will procure all required interconnection approvals independently of this application. H. The Aspen Fire Protection District referral comments state that a review is required to ensure the Project meets proper fire access requirements and turn around requirements. I. If applicable, the Project complies with the County's Scientific/Social Framework for Managing Impacts of Trans -Basin Water Diversions to Protect Stream Health in Pitkin County, Colorado, in accordance with the guidelines described therein. This is not applicable. Resolution No.(K -2019 Page 13 22. The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the Aspen Consolidated Sanitation District Solar Project Special Review Use, Activity Envelope and Site Plan and Granting a Permit for Activities of State Interest — Site Selection and Construction of Major Facilities of a Public Utility — and for an Area of State Interest — Area Around an Airport subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. The Applicant shall adhere to all material representations made during the application process or in the public hearings and shall consider those representations to be conditions of approval. 2. Subsequent to the land use approval and prior to the issuance of any permits, the Applicant shall obtain an easement from the BOCC through property owned by Pitkin County and necessary to access the ACSD property. 3. Prior to the issuance of any permits, the Applicant shall submit all documentation that confirms legal access to the property. 4. Prior to submission of any permit applications for the Solar project, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. Prior to recordation of the Activity Envelope and Site Plan, the property owner, ACSD, shall record a conservation easement dedicated to the Pitkin County to be managed by the Pitkin County Open Space and Trails program for an area of the property that extends from the top of the slope, down into the gorge to the property boundary in the Roaring Fork River. The draft easement shall be reviewed and preliminarily approved by OST, and then reviewed and accepted by the BOCC prior to recordation. 6. With the access/earthmoving permits, the Applicant shall submit a revised landscape plan that includes berms integrated with the landscaping that do not exceed 4' in height, the landscape plan with specific locations of new trees and shrubs, revegetation seed -mix, noxious weed management plan, and irrigation details and schedule, and a value of the proposed revegetation and landscape installation. 7. Prior to the issuance of the access/earthmoving permits, the Applicant shall provide financial security, acceptable to the County Attorney, equal to the value of the landscape and revegetation plan. The County will hold the security for at least five years to ensure success of the revegetation and landscape plan. 8. Prior to issuance of the first permit required for the project, the Applicant shall submit a cut sheet of the security/game fence to the Planning Department to ensure that the fence and structure are a matte brown or black color. The fence shall be consistent with CPW comments related to options for allowing passage of smaller wildlife species through the fence. The old barbwire fence that currently surrounds the proposed solar field shall be removed. 9. The Applicant shall obtain all necessary permits for the project prior to starting installation of the panels. 10. Prior to issuance of the first permit required for the project, the Applicant shall submit a sample of the panels that will be installed on the project to ensure that the frames are not visible and the panels are covered with an anti -reflective coating to reduce glare. Resolution No. OY� -2019 Page 14 11. The Applicant shall include in the access/earthmoving permit engineering documents for stormwater detention facilities designed by a professional engineer licensed in the State of Colorado, demonstrating that historical flow patterns and runoff amounts will be maintained. If the development disturbs one acre or more, a Colorado Department of Public Health and Environment permit for stormwater discharges associated with construction activities shall be applied for and obtained prior to issuance of a permit. 12. An Access permit is required for the proposed new and/or improved access. The application shall include: • Compliance with the current Road Maintenance and Management Plan, • Compliance with all requirements of the Fire Department, • A detailed construction schedule, • A site plan showing all staging, parking, etc. • Details on all turn arounds and parking locations, and • A Construction Management Plan that shall include the following items: i. The applicant (or contractor) should obtain an email list of the homeowners on Stevens Street. The neighbors should be notified via email (or door hangings if no email is obtained) ahead of major construction phases. Such notification should occur when there would be a periodic increase in truck trips, large deliveries, etc. ii. The contractor should identify a project point person to handle concerns during construction. iii. The posted project sign should include the project point person's name and phone number. iv. During phases of construction that warrant large deliveries, or more than 10 vehicle trips per day (delivers, inspectors, etc.), the contractor should provide traffic control through the Stevens Street neighborhood. V. Construction hours should be limited to Monday through Saturday, lam to 6pm with all deliveries occurring Monday through Friday between Sam and 5pm. vi. Access road and onsite dust control should be mitigated with frequent watering (two or more times a day) during dry periods, otherwise as needed, or as deemed necessary by the Pitkin County Planning Engineer. The Environmental Health Department will participate in monitoring dust control and what is in the dust. The property is located within the former PM -10 Non -Attainment Area of the county. vii. Provide a baseline water quality sample of the runoff from the site. viii. The access road should have a posted speed limit of 10 mph. 13. Prior to the issuance of any permits, the Applicant shall submit financial security in a form acceptable to the County Attorney, committing $635,000 to ensure successful completion of the decommissioning of the site as outlined in the submitted Decommissioning Plan. 14. Prior to decommissioning the site the Applicant shall submit a deconstruction plan that includes the following items: • An outline of best industry practices for repurposing and recycling all material on site, • Revegetation plan, • Compliance with the current Road Maintenance and Management Plan, • Compliance with all requirements of the Fire Department, • A detailed deconstruction schedule, • A site plan showing all staging, parking, etc. • Details on all turn arounds and parking locations, and • A Deconstruction Management Plan that shall include the following items: Resolution No. M -2019 Page 15 The applicant (or contractor) should obtain an email list of the homeowners on Stevens Street. The neighbors should be notified via email (or door hangings if no email is obtained) ahead of major deconstruction phases. Such notification should occur when there would be a periodic increase in truck trips, large deliveries, etc. The contractor should identify a project point person to handle concerns during deconstruction. iii. The posted project sign should include the project point person's name and phone number. iv. During phases of deconstruction that warrant large deliveries, or more than 10 vehicle trips per day (delivers, inspectors, etc.), the contractor should provide traffic control through the Stevens Street neighborhood. V. Deconstruction hours should be limited to Monday through Saturday, lam to 6pm with all deliveries occurring Monday through Friday between 8am and5pm. vi. Access road and onsite dust control should be mitigated with frequent watering (two or more times a day) during dry periods, otherwise as needed, or as deemed necessary by the Pitkin County Planning Engineer. The Environmental Health Department will participate in monitoring dust control and what is in the dust. The property is located within the former PM -10 Non -Attainment Area of the county. vii. The access road should have a posted speed limit of 10 mph. 15. Subsequent to construction and implementation of the project, if aircraft operating in to or out of the Aspen/Pitkin County Airport, or if the Airport Traffic Control Tower at the airport experience glare from the proposed project that interferes with airport operations in any way, no matter how minor, the applicant will immediately shield or eliminate such glare at their own expense upon notification. If the glare impact cannot be remediated, the BOCC may revoke this Special Use approval, the Permit, and require immediate removal of the project infrastructure. 16. The Special Review Use approval shall be granted for a term of twenty-six (26) years commencing on the Facility's Commercial Operation Date, to include decommissioning in the 26th year unless the operator requests a renewed permit and it is approved by the BOCC. 17. The Applicant shall participate in an annual review by the BOCC until such time that the Board decides to set a new review timeframe and/or delegates that review to the Community Development Director. The annual review shall be heard before the BOCC at a duly noticed public hearing. In the event of substantiated violations of this approval and/or the terms of the Resolution, the BOCC may determine to modify or revoke the approval at this hearing. Annual review starts one year after BOCC approval, November 13, 2019. 18. In advance of the annual review, the Applicant shall submit a report 30 days prior to the annual review date. The report shall address and/or include: • the success of the revegetation, and new tree and shrub installation, • landscape maintenance, • any reports relating to maintenance of the facility, • an energy audit, • water quality monitoring to document levels of heavy metal or contaminants in the storm water runoff, • any upgrades in panel technology and possible impacts from the new technology; and • any complaints received regarding the project and/or a glare nuisance from the panels and/or the structure supporting the panels. Resolution No. q'h -2019 Page 16 19. The Applicant has committed to there being no glare from the project, including the structure supporting the panels. This commitment will be reviewed on an ongoing basis during Annual Review. The Applicant shall provide financial security, in an amount and in a form acceptable to the Community Development Department and the County Attorney's office and the Applicant, to be held for at least three years to ensure mitigation efforts are available in the event that there is a determination that the Project presents an unreasonable/unacceptable glare to properties in the vicinity of the project. 20. Any violation of these conditions of approval shall be reviewed in accordance with Section 2-40-20(c)(5). 21. The Applicant shall construct and install an interpretive sign. The Applicant shall work with the Open Space and Trail staff to determine the content and location of the sign. The sign shall be installed prior to the final inspection for landscaping. 22. Failure to comply with the conditions of this approval may result in revocation of this approval, any subsequent permit or approval related to this property, or vested rights associated with this property. 23. Statutory vested rights for the Activity Envelope and Site Plan approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statues, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on Q ovQm &Wl l3 , 2022. Resolution No. *-2019 Page 17 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25TH DAY OF AUGUST, 2019 APPROVED AND ADOPTED ON THE 13TH DAY OF NOVEMBER 2019. PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the)6 day o(LkezwL X2019. APPROVED AS TO FORM: k04& -f County ,torn y'"'� Y' 10 41 Case #P038-18 PID# 264327200851 BOARD OF COUNTY COMMISSIONERS Date: 7 //, � APPROVED AS TO CONTENT: 7 Z, Z�r' ndy Houben, Community Development Director