HomeMy WebLinkAbout20240918.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0047, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CORNISH PLAINS LIVESTOCK, LLLP, C/O SUNSHARE, LLC,
DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC, AND PORCUPINE SOLAR, 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 24th day of
April, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cornish Plains Livestock, LLLP, 4106 Abbington Terrace, Columbia, Missouri
65203, do SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC, and Porcupine Solar, LLC,
1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific Development Plan and Use by
Special Review Permit, USR23-0047, 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 4, and part of the
NE1/4 of Section 9, both in Township 6 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kristy Weyerman,
do SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, 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 economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
CC:PL(ER/MN/CG), (KM) Asg(SG)
F1 PPL. REP.
oS
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
CIO SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 2
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." This Solar Energy Facility (SEF) will provide
construction jobs and energy 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." The adjacent land will experience minimal
impacts from the SEF. Traffic associated with the facility will be
minimal once it is constructed. The nearest residences are located
more than 500 feet from the physical boundary of the solar facility.
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." 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-B, or being more than five (5)
acres, but less than 320 acres, in the Ag/Rural Area, as shown on
Appendix 21-B."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 Weld County
Code, a "Solar Energy Facility" means: "a commercial facility whose
primary purpose is to supply electricity and consists of one (1) or
more solar arrays and other accessory structures, equipment,
including substations, switchyards, battery storage, electrical
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
CIO SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 3
infrastructure, generators, transmission lines, communications
infrastructure, and other appurtenant structures and/or facilities."
The SEF will encumber approximately 82 acres and qualifies as an
SEF USR. This USR facility will also include one (1) storage
container for construction and operation usage, being an Accessory
Use, permitted by Section 23-3-30.6 of the Weld County Code.
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
dryland and oil and gas production to the west; a mixture of dryland and
irrigated cropland and rural residences to the east; irrigated cropland and
a single-family residence to the south; and dryland to the north. The closest
residence is approximately 700-800 feet to the south and the next closest
residences are located approximately 0.5 mile to the east.
There are (4) USRs within one (1) mile of the site. AMUSR-227 (cattle and
sheep feedlot for up to 3,000 -head), USR-1727 (private commercial
recreational facility), USR17-0045 (airport/airstrip) and MUSR14-0017
(class II oilfield waste disposal facility).
The Weld County Department of Planning Services sent notice to seven (7)
surrounding property owners. No correspondence or phone calls have
been received.
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.
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 the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area or
within a Cooperative Planning Agreement boundary.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 4
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
indicates soils on the parcels are identified as "Prime Farmland if Irrigated,"
"Prime Farmland if irrigated and the product of I (soil erodibility) x C (climate
factor)," and "Farmland of statewide importance." "Prime Farmland if
Irrigated" encompasses approximately 75% of the site. The application
states that there are no water rights available for farming purposes and 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
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 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 Cornish Plains Livestock, LLLP, c/o SunShare, LLC,
dba Oriole Solar, LLC, Starling Solar, LLC, and Porcupine Solar, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0047, 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 Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
B. The applicant shall address the requirements of the Galeton Fire Protection
District, as stated in the referral response dated December 25, 2023.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 5
C. The applicant shall address the recommendations of Colorado Parks and
Wildlife, as stated in the referral response dated January 9, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
D. The applicant shall acknowledge the requirements of the Weld County Oil
and Gas Energy Department, as stated in the referral response dated
January 23, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0047.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
and Section 23-4-1030 of the Weld County Code.
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 the location of the trash
collection areas, and include specification details on the USR map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
6) 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.
7) 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.
8) 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.
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 6
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc., as part of any
executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights -of -way, which shall be delineated on the map by book and
page number or Reception number.
11) The applicant shall show the Colorado Department of
Transportation (CDOT) access point onto State Highway 392 and
the right-of-way on the map, along with the documents creating the
right-of-way.
12) The applicant shall show and label the accepted drainage features
and drainage flow arrows.
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 Mylar map along with all other documentation required as Conditions
of Approval. The Mylar 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 Mylar 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. 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.
5. 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.B.4 of
the Weld County Code, for acceptance and approval, by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
2024-0918
PL2908
SPECIAL REVIEW PERMIT (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 7
and Reclamation Plan shall be updated to include the approved security
information.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: dobtA)
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Weld County Clerk to the Board
BY: C ;/ l -th/ l 1 ' UJOt' (,O 1 c-)
Deputy Clerk to the Board
APPD AS
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linty Atto' ey
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Date of signature:
Kevin D. Ross, Chair
Perry L. Bu f
Pro-Tem
Mike % eeman
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Sco K. James
ri Saine
2024-0918
PL2908
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORNISH PLAINS LIVESTOCK, LLLP, C/O SUNSHARE, LLC,
DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
USR23-0047
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0047, 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 the 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, as 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
2024-0918
PL2908
DEVELOPMENT STANDARDS (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 2
collection circuits between rows of solar arrays, that are no more than four (4) feet above
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 hereon. 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 the Weld County 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 Chapter 8, Article XIV, 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. Decommissioning. 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 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. The historical flow patterns and runoff amounts on the site will be maintained.
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DEVELOPMENT STANDARDS (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 3
22. 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.
23. 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.
24. 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction and operation of the facility.
26. 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.
27. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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.
30. 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.
2024-0918
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DEVELOPMENT STANDARDS (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 4
31. 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.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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
2024-0918
PL2908
DEVELOPMENT STANDARDS (USR23-0047) - CORNISH PLAINS LIVESTOCK, LLLP,
C/O SUNSHARE, LLC, DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC,
AND PORCUPINE SOLAR, LLC
PAGE 5
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.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
41. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2024-0918
PL2908
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