HomeMy WebLinkAbout20242128.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1 MJUSR24-12-0061, FOR EXPANSION OF AN OIL AND
GAS SUPPORT AND SERVICE FACILITY (PARKING, STAGING AND MAINTENANCE
OF OIL AND GAS TRUCKS AND STORAGE OF PORTABLE TOILETS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - COLORADO PROPERTY HOLDING
COMPANY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
August, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Colorado Property Holding Company, LLC, 4407 29th Street, Greeley, Colorado
80634, for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR24-12-0061, for expansion of an Oil and Gas Support and Service facility (parking,
staging and maintenance of oil and gas trucks and storage of portable toilets) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -1506; being part
of the SW1/4 of Section 19, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Hannah
Dutrow, AGPROffessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinances in effect.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The subject property has
cc : PL CER/Mw/DA/taA/wiw) cA (Kn), ASR (0G),
APP!_., APPL. REP.
09/0 /24
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historically been used for residential purposes, as the residence
was constructed in 2004, under Building Permit #BCN-040286.
2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed use benefits the oil and gas industry without eliminating
any productive agricultural land. USR12-0061 was issued to Justice
Trucking for roust -a -bout operations on the site. The subject
property was conveyed to the current owner, Mr. Guttersen, and the
roust -a -bout activities have increased substantially. Atlas Energy
provides hydro -vac services to oil and gas sites, as well as portable
toilets to various job sites, including oil and gas sites.
3) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The location of the parking area is
expanding to include the land adjacent to County Road (CR) 49.
Screening of all storage areas is required. The two (2) closest
residences are west of State Highway 49. The properties to the
north, east, and south are utilized for crop production, with the
closest residence being about 2,200 feet east of the subject
property. The application materials included a Nuisance and Waste
Management Plan, which indicated both shops will have floor drains
and there will be three (3) fuel storage tanks. Noise from idling of
the trucks was estimated to be 31.4 db(A) at the nearest residence.
The operation shall adhere to the residential noise limit, as indicated
in the Development Standards. Finally, on -site dust will be
contained by watering surfaces, as necessary.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V — Uses by Special Review, of the Weld County
Code allow for "Oil and Gas Support and Service" in Lots outside of
a subdivision and historic townsites in the A (Agricultural) Zone
District.
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3) Section 23-1-90 states: "Oil and Gas Support and Service includes
trucking companies principally engaged in the hauling of drilling
rigs, oil and gas, pipe for use in drilling, water, etc." This Code
section allows the applicant to apply for the oil and gas truck
parking.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The five (5) adjacent,
unincorporated parcels surrounding the site are zoned A (Agricultural) and
the land uses include pastures, crops and rural residential.
There are 11 USRs within one (1) mile of the site: USR-854, for eight (8)
communication towers; SUP -124, for a hog farm (no longer operating);
USR-202, for a feed lot; 2MUSR23-14-0030, for a solid waste disposal site
and facility, including a Class I composting and animal waste recycling or
processing facility; 1MUSR18-17-0023, for oil and gas support and
service; and USR17-0048, USR17-0077, USR18-0026, USR18-0027,
USR18-0077, and USR12-0006, for 12 -inch high-pressure natural-gas
pipelines.
The Weld County Department of Planning Services sent notice to five (5)
surrounding property owners (SPOs) within 500 feet of the subject property
and no correspondence was received.
The residence and the shop both utilize a commercial water well, Permit
No. 294098. The referral comments from the Division of Water Resources,
dated April 1, 2024, stated that well is the only well on the site and is
permitted for commercial uses. If the applicant intends to use the well for
any other uses, besides drinking water and sanitary purposes for a
commercial business, the well must first be re -permitted. Since the well is
connected to the residence and is being used for both commercial and
residential purposes, the applicant will be required to re -permit the well or
purchase a water tap from the Central Weld County Water District.
The proposed use is in an area that can support this development, and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is not located within the three (3) mile referral area, an existing
Intergovernmental Agreement (IGA) area, or within three (3) miles of a
municipality.
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E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is partially located within the A -P (Airport) Overlay
District. The property is not located in within a Special Flood Hazard Area,
1-25 Overlay District, a Geologic Hazard Overlay District, the MS4 —
Municipal Separate Storm Sewer System area, Historic Townsite Overlay
District, Agricultural Heritage Overlay District, or part of a Disproportionally
Impacted Community. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility is primarily designated as "Farmland of Statewide
Importance"" with low slope, Olney sandy loam soils. There is a small
portion of "Not prime farmland" located in the northwest corner of the site
with low slope, Valent sand soils, per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report. The property has a dry
corner and has historically been utilized as residential. A USR for Oil and
Gas Support and Service has been operating on the site since 2012. This
amendment will not remove any irrigated agricultural land from production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and Weld County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Colorado Property Holding Company, LLC, for a Site
Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR24-12 0061, for expansion of an Oil and Gas Support and Service facility (parking,
staging and maintenance of oil and gas trucks and storage of portable toilets) in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
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1 Prior to recording the map:
A. The existing Improvements and Road Maintenance Agreement (Reception
No. 3978862) shall be reviewed and revised, as necessary, to address the
traffic associated with the proposed use of the site.
B. A Final Drainage Report and Certificate of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
C. The applicant shall acknowledge the advisory comments from the Weld
County Oil and Gas Energy Department, as stated in the referral response
dated April 2, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall address the concerns of the Division of Water
Resources, as stated in the referral response dated April 1, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
E. The applicant shall provide evidence that the residence has water from
either the Central Weld County Water District or an appropriately permitted
well.
F A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services.
G. A Screening Plan that screens the site from the surrounding property
owners and rights -of -way shall be submitted to, and approved by, the
Department of Planning Services.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR24-12-0061.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The map shall delineate the existing screening.
5) The map shall delineate the parking spaces for the trucks and other
vehicles.
6) The map shall delineate at least eight (8) ADA parking spaces.
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7) The map shall delineate the storage and screening areas for the
portable toilets.
8) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
9) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
10) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
11) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
12) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
13) County Road 42 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
14) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet (or 180 feet in some locations) of
right-of-way at full build out. The applicant shall contact
Development Review for the location of the existing and future
right-of-way and easements and delineate these on the map.
15) The applicant shall show and label the approved access locations
and provide appropriate dimensions for the access widths and
turning radii, as defined in Table 8-3 of Appendix Q, of the Weld
County Code. Include in the label all applicable usage types
(Agricultural, Residential Commercial, and/or Oil and Gas).
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16) The applicant shall show and label the approved tracking control on
the USR map.
17) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
18) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated water
quality and detention volumes.
19) The applicant shall show and label the drainage flow arrows.
20) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted within
120 days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre of land is to be disturbed, a Weld County Grading
Permit shall be required.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
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map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU)1-Tf, COL O QO
ATTEST: /..AJ ve:tA
Weld County Clerk to the Board
BY:
APP
Lzznl .JtL toi cJc.
Deputy Clerk to the Board
y
Date of signature:
474
O
Kevi oss, Chair
572e,1 -e
Perry L. B
c ' ro-Tem
ik= Freeman
K. James
on Saine
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SITE SPECIFIC DEVELOPMENT PLAN
MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO PROPERTY HOLDING COMPANY, LLC
1 MJUSR24-24-12-0061
1 Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR24-12-0061, is for expansion of an Oil and Gas Support and Service Facility
(parking, staging and maintenance of oil and gas trucks and storage of portable toilets)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The hours of operation are 24 hours a day, 7 days a week, as stated in the application
materials.
5. The number of on -site employees shall be up to ten (10) and the number of drivers shall
be up to 140, as stated in the application materials.
6. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be
stored on the site.
7. No permanent storage of roll -offs and dumpsters shall be allowed on the site.
8. The parking area on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
10. The screening on the site shall be maintained in accordance with the accepted Screening
Plan.
11. Required screening shall be installed within one (1) calendar year of issuance of a Building
Permit or commencement of use, whichever occurs sooner.
12. This site is partially located within the Airport Overlay District.
13. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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16. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
17. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
18. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
19. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of stormwater runoff.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
23. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code, and the approved Waste Handling Plan.
24. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
approved Dust Abatement Plan.
25. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition.
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite for less than two (2) consecutive hours a
day, and two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
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27. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
28. A Spill Prevention, Control, and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite, as applicable.
29. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
30. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
31. In the event the applicant intends to utilize the existing OWTS, for additional employee
use, the system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be submitted to
the Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
32. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable.
33. Any vehicle or equipment washing area(s) shall capture all effluent and prevent discharges
from the washing of portable toilets, equipment, and vehicles.
34. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
35. Floor drain wastes shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
36. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
37. Lighting shall be maintained in accordance with the approved Lighting Plan.
38. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
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39. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
and 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
40. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
41. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
42. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
43. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
44. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
45. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
46. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
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47. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
48. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
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