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HomeMy WebLinkAboutbocc.res.076.2021RECEPTION#: 683202, R: $0.00, D: $0.00, 12/06/2021 at 02:25:21 PM, Pgs 1 of 3, Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL, FOR 2021, TO THE ASPEN CONSOLIDATED SANITATION DISTRICT SOLAR PROJECT SPECIAL REVIEW USE Resolution No.076-2021 RECITALS 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. By Resolution No. 095-2019, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted special review use approval for a 5-megawatt, ground mounted solar project and 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. 3. The Parcel 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. 4. Resolution No. 095-2019 requires an annual review of the project at a public hearing for compliance with all terms and conditions of the resolution. 5. On December 16, 2020, the BOCC approved an Annual Review, Resolution No. 113-2020. 6. On November 17, 2021, the BOCC held a public hearing for the annual review of the ACSD Special Review Use, where members of the public had opportunity to voice their comments. 7. The BOCC has determined that the Applicant is in compliance with the terms of Resolution No. 095-2019. An Annual Report was submitted that tracks the project's progress from the start of construction in June of 2021 to completion in October of 2021. 8. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby approves the Annual Review for the ACSD Solar Project Special Review and requires the following measures in order to find ACSD in compliance with terms and conditions of approval: Page 1 of 3 RECEPTION#: 683202, 12/06/2021 at 02:25:21 PM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, CO 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 095-2019. 3. In the event battery storage is proposed on the site an amendment to the Activity Envelope and Site Plan, reviewed by the BOCC, shall be required. 4. The following items shall be completed within 30 days of this annual review or an alternate timeline set by the Applicant that is agreed upon by Staff: A. All barbed wire fencing shall be removed from the site. B. The interpretive sign shall be installed. C. Condition #19 of Resolution No. 95-2019 states that the Applicant has committed to there being no glare from the project, including the structure supporting the panels. The Findings in the Resolution also state that the project with berms and plantings will create a visual break of the solar field (Finding #17 C.) and that the project will not significantly degrade the existing visual quality (Finding #19 O.). It is Staffs opinion that the poles supporting the structure are too bright and do affect the visual quality from the Rio Grande Trail and Highway 82 and should be covered in a manner that reduces their visibility. This shall be evaluated during the year and addressed in the 2022 Annual Review unless it becomes an issue of concern prior to that review. Page 2 of 3 RECEPTION#: 683202, 12/06/2021 at 02:25:21 PM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, CO NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON October 14th, 2021. APPROVED AND ADOPTED ON THE 17th DAY OF NOVEMBER, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO jtLL(a By Julia Ely Kelly McNicholas Kury, Deputy Clerk and Recorder Chair Date Dec-06-2021 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Richard Neiley III, Cindy Houben, Assistant County Attorney Community Development Director PID#: 2643-272-00- 8 51 PLAN.2011.2021 Page 3 of 3