HomeMy WebLinkAbout20242181.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0010, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, 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 31st day of
July, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sunlight Farm, LLC, P.O. Box 850, Johnstown, Colorado 80534,
c/o Pivot Solar 59, LLC, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR24-0010, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 11, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant for a continuance and, having been fully
informed, deemed it advisable to continue the matter to August 21, 2024, at 10:00 a.m., to allow
the case to be heard by the Planning Commission on August 6, 2024, and
WHEREAS, on August 21, 2024, the applicant was present, and represented by
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Suite 700, Denver, Colorado 80202, 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact on economic
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APPL .
09/11/24
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conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on this
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth."This Solar Energy Facility (SEF) will
provide construction jobs initially and energy generation to Weld
County. These functions directly support economic prosperity. This
SEF, being a power -generating facility, will add variety, stability,
and redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with surrounding land
uses." There are four (4) residences that are less than 500 feet from the
boundaries of the proposed solar facility. The facility will need to be
screened by landscaping or an opaque fence, or a written waiver will need
to be obtained from the adjacent property owners. Once operational, the
proposed SEF creates minimum noise, no odor, light or flickering, vibration,
vermin, dust, or other nuisances. The operation of the SEF will not impact
the surrounding property owners' (SPO) right to quiet enjoyment.
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 product ion, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code section supports the installation of the subject SEF, which is
for energy development. The facility will provide power to be utilized
by residences, businesses and farming operations in Weld County.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-8, or being more than five (5)
acres, but less than 320 acres, in the Agricultural/Rural Area, as
shown on Appendix 21-8." This Code section allows the applicant
to apply for the subject SEF, being located in the Near/Urban Area,
as shown by map in Appendix 21-B. Per Section 23-1-90 of the
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Weld County Code, a "Solar Energy Facility" means: "a commercial
facility whose primary purpose is to supply electricity and consists
of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage,
electrical infrastructure, generators, transmission lines,
communications infrastructure, and other appurtenant structures
and/or facilities." The SEF will encumber approximately 27 acres
and qualifies as an SEF USR.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
multiple single-family residences and outbuildings. There are four (4) single
family residences located within 500 feet of the boundary of the proposed
facility. An indoor storage facility for vehicles and equipment is located
immediately to the southeast. An oil and gas production facility (oil wells
and tank batteries) is located on the property to the north.
There are seven (7) USRs within one (1) mile of the site. SUP -191, a feedlot
for up to 18,400 cattle; AMUSR-1028, storage of vehicles and equipment;
AMUSR-100, a kennel for up to 100 dogs; SUP -379, a dairy for up to 80
cows; SUP -383, a hog farm; USR18-0057, a greater than 12 -inch high
pressure natural gas line; and USR-1189, a rodeo arena.
The Weld County Department of Planning Services sent notice to 11 SPOs
and Planning staff received correspondence from four (4) SPOs. The
four (4) letters outline concerns such as the viewshed, ability to irrigate and
maintain vegetation, the importance of establishing vegetation prior to
installing the panels, screening for property owners who request it (even if
more than 500 feet away), damage from hailstorms, impact on wildlife
(mainly birds), the site detracts from the agricultural aesthetics, glare from
the panels impacting local air traffic (as a grass landing strip is nearby), and
making sure the facility is managed and properly vegetated to prevent soil
erosion and for weed control.
The applicant has contracted with a neighboring property owner for weed
spraying, ground preparation and seeding. The property was seeded in the
spring/summer 2024. The applicant has also been negotiating to obtain
irrigation water from the same neighboring property owner.
The Conditions of Approval require that the applicant submit
an Improvements Agreement (for roads and traffic) and a
Landscaping/Screening Plan. The proposed use is in an area that can
support this development, and the existing screening, 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.
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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 the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The project site is within the three (3) mile referral boundary
for the City of Greeley, with which Weld County does not have a
Coordinated Planning Agreement (CPA). The project is approximately two
and one-half (2.5) miles from the City of Greeley municipal limits and is
located just outside of the Greeley Long Range Expected Growth Area
(LREGA). The City of Greeley stated they had no comments/concerns in
their referral response, dated April 3, 2024.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is located within
the A -P (Airport) Overlay District. No referral response was received from
the Weld -Greeley Airport in regard to this request. The site is not located
within the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay
District. 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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated 48% of the site consists of low -slope (0-3%) Valent sand and 51%
of the site consists of low -slope (0-3%) Vona loamy sand. Both soil types
are classified as "Farmland of local importance". No Prime Farmland will
be removed 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
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and 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 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sunlight Farm, LLC, do Pivot Solar 59, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR24-0010, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement for Construction is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
B. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated
March 27, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. The applicant shall address the comments of the Colorado Parks and
Wildlife, as stated in the referral response dated March 28, 2024. Written
evidence of such shall be provided to the Department of Planning Services.
D. A Decommissioning Plan shall be submitted to, and approved by, the
Department of Planning Services.
E. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
F A Landscape and Screening Plan, that screens the site from the SPOs and
rights -of -way, shall be submitted to, and approved by, the Department of
Planning Services.
G. The applicant shall present evidence to the Department of Planning
Services that the applicant is making, and shall continue to make,
commercially reasonable and good faith efforts to obtain irrigation water for
the site.
H. The applicant shall submit the Interconnection Agreement.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0010.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
and 23-4-1030.C.3 of the Weld County Code.
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4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two [2], per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) 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.
8) The map shall delineate the landscaping and screening, in
accordance with the approved Landscape and Screening Plan.
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 all recorded easements, and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
11) County Road 47 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.
12) The applicant shall show and label the proposed access point on
County Road 47, the usage types that apply (Residential,
Agricultural, Commercial and/or Oil and Gas), and the appropriate
access width and turning radii. Development Review will review the
access location as a part of the USR map submittal.
13) The applicant shall show and label the approved tracking control.
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14) The applicant shall show and label the entrance gate, if applicable.
15) The applicant shall show and label drainage flow arrows.
16) 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 paper map along with all other documentation required as
Conditions of Approval. The paper 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 paper 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 applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.6.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved tracking control shall be constructed.
C. A Weld County Grading Permit shall be acquired if disturbing more than
one (1) acre of land.
D. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
E. Right-of-way Use Permits shall be acquired from the Department of Public
Works before installation and/or construction of any aboveground or buried
features in, or crossing, Weld County rights -of -way.
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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
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 COUN , COLORA
ATTEST: je140 4.
Weld County Clerk to the Board
BY:
taw
Deputy Clerk to the Board
APVED sfT FORM:
ey
Date of signature: 61/10124
Keyi-B`Ross, Chair
aine
0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SUNLIGHT FARM, LLC,
C/O PIVOT SOLAR 59, LLC
USR24-0010
1 Site Specific Development Plan and Use by Special Use Permit, USR24-0010, is for a
Solar Energy Facility (SEF) 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. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
6. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel, to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
7 Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from
its solar collectors will not be directed toward, or onto, nearby properties or roadways, at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening, through landscape or an opaque fence, is installed, or upon submittal to Weld
County of a waiver, or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23 -4-1030.C.3 of the Weld County Code, as amended.
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
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grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary, per Section 23 -4- 1030.C.5 of the Weld County Code, as amended.
11. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown. heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
12. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of this Code. Ground -mounted solar collector systems shall be exempt from
impervious surface calculations if the soil under the collectors is designated hydrologic
A or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
13. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Planning Services,
pursuant to the provisions of Article XIV of Chapter 8 of this Code, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
14. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
15. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld
County shall have the right to draw upon the' irrevocable standby letter of credit, or other
form of financial security, to pay for decommissioning, in the event that the holder has not
commenced decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
18. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a Building Permit
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
19. The property owner shall maintain compliance with the Communication Plan.
20. This site is located within the Airport Overlay District.
21. 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.
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22. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
24. Any work that may occupy and/or encroach upon any County rights -of -way or easements
shall require an approved Right -of -Way Use Permit prior to commencement.
25. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of on -site drainage related features.
28. During construction, 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.
29. During construction, 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.
30. During construction, 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 facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
31. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
32. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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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35. 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,
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.
36. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
39. 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.
40. 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.
41. 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.
42. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
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43. A 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.
44. 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.
2024-2181
PL2922
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