HomeMy WebLinkAbout20241569.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0004, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - WORKMAN'S LIVESTOCK, LLC, C/O PIVOT SOLAR 50, LLC,
AND PIVOT SOLAR 51, 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 19th day of
June, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Workman's Livestock, LLC, 22257 County Road 52, Greeley, Colorado 80631,
c/o Pivot Solar 50, LLC, and Pivot Solar 51, LLC, 1601 Wewatta Street, Suite #700, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0004, 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:
Lot B of Recorded Exemption, RE -3136; being part
of the SW1/4 of Section 26, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, 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.B.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
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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, functions which
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
nuisance from the SEF, which is an unmanned energy development
facility. There are nine (9) rural residences located less than 500
feet from the facility. The applicant is required to provide waivers
from nine (9) property owners or install opaque landscaping and/or
screening.
B. Section 23-2-230.6.2 — 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 Agricultural/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 or more solar arrays and other accessory structures,
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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 55 acres of
a 73 -acre parcel. The proposal meets the intent of A (Agricultural)
Zone District as the facility will produce energy and will not interfere
with adjacent agricultural operations.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The properties adjacent to the
parent parcel are zoned A (Agricultural) and the land uses include
production agriculture, an oil and gas production site and rural residences.
The Weld County Department of Planning Services sent notice to 22
surrounding property owners (SPOs) who own the adjacent properties
within 500 feet of the proposed USR boundary. No written correspondence
or telephone calls were received.
There are seven (7) USRs within one (1) mile of the site: USR19-0008, for
a greater than 12 -inch HP natural gas pipeline; and USR15-0063, for
mineral resource and development facility are located to the east.
USR-1478, for a concrete business is located to the north. USR19-0012,
for a mineral resource development facility; and 2MUSR18-84-602, for oil
and gas support and service are located to the west. USR-1274, for vehicle
storage; and USR23-0028, for U.S. Solar Company SEF are located to the
south.
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 23-2-230.6.4 — 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 located within the Coordinated Planning
Agreement (CPA) area for the City of Evans and the Town of Kersey. As
part of the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The City of Evans returned a NOI form dated December 21,
2023, which stated that while this property is located within the
three (3) mile Evans -Weld CPA, it is over two and one -quarter (2.25) miles
east of the existing Evans municipal boundaries, is east of the South Platte
River, and annexation is not possible or practical at this time. The Town of
Kersey returned a NOI dated December 14, 2023, which stated annexation
will not be pursued. The site is located within the three (3) mile referral area
of the Cities of Greeley and Evans and the Towns of Kersey and Garden
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City. The Cities of Evans and Greeley submitted referral agency comments
dated January 30, 2024, and February 27, 2024, respectively, stating no
concerns. The Towns of Kersey and Garden City also stated no concerns
in referral agency comments, both dated January 30, 2024. The site is
located in the City of Evans' Urban Growth Area and designated on their
Future Land Use Map as Rural Residential and Industrial Rail Access, as
the site is just south of the rail corridor. The subject property is located
outside of the City of Greeley, the Town of Kersey and Town of Garden
City's Future Land Use Maps.
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 within the
Airport Overlay District and is not within the 1-25 Overlay District, Special
Flood Hazard Area, the Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Historic Townsites Overlay District,
or Agricultural Heritage Overlay District. 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 Program.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility will be predominately located on Dacono clay loam 0-1
percent slopes, which are classified with a C rating, and are classified as
Prime Farmland if irrigated. The remainder of the site consists of Aquolls
and Aquents with a D rating, and are classified as "Prime farmland if
drained and either protected from flooding or not frequently flooded during
the growing season," per the soil report dated December 12, 2023, from
the Natural Resource Conservation Service Soil Survey. The applicant
indicated the land will continue in agricultural production when the site is
decommissioned. Per the application materials, the property owner stated
there are water rights associated with the land, which will be utilized for the
Agrivoltaic component of the facility.
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 Workman's Livestock, LLC, c/o Pivot Solar 50, LLC, and
Pivot Solar 51, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0004, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District 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. The applicant shall address the requirements of Xcel Energy a Public
Service of Colorado Company, as stated in the updated referral response
dated February 5, 2024. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
B. The applicant shall acknowledge the comments of Colorado Parks and
Wildlife as stated in the referral dated February 6, 2024. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department as stated in the referral dated January 31, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. If utilizing a vegetative material for visual mitigation to screen the facility
from adjoining properties to the east and south, the applicant shall submit
an Irrigation Plan to the Department of Planning Services for review and
acceptance.
E. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet. If waivers are not
obtained, opaque screening is required, per the Landscape and Screening
Plan accepted by the Department of Planning Services.
F. A Drainage Narrative with a qualifying exception (accepted by
Development Review) or a Final Drainage Report and Certification of
Compliance, stamped and signed by a Professional Engineer, registered
in the State of Colorado, is required.
G. A Road Maintenance Agreement - Construction is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0004.
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2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
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) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two [2], per Section 23-3-30.6 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) 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.
7) 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.
8) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) County Road 52 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way. The applicant
shall delineate and label the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of County Road 52 on the plat. If the existing right-of-way
cannot be verified it shall be dedicated. Pursuant to the definition of
setback in the Weld County Code Section 23-1-90, the required
setback is measured from the right-of-way line. This road is
maintained by Weld County.
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12) The applicant shall show and label the existing and proposed
access points onto County Road 52 and the usage types that apply
for each (Residential, Agricultural, Commercial and/or Oil and Gas).
Development Review will review the access location as a part of the
plan submittal.
13) The applicant shall show and label the approved tracking control.
14) If applicable, 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 volume.
Otherwise, show and label the drainage flow arrows.
15) The applicant shall show and label all recorded easements and
rights -of -way which shall be delineated on the plat by book and
page number or Reception number.
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. The Use by Special Review Permit 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 plat 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 23-4-1030.6.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
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and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access and tracking control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
and a Colorado Stormwater Discharge Permit will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT ORA
ATTEST:
Weld County Clerk to the Board
BY( • 14)44 ) C k
Deputy Clerk to the Board
APPRO D A
ounty Attorney
Date of signature: 15�
KRoss, Chair
tateA
Perry L. Bu/ Pro-Tem
Mike Freeman
dLoioop:.-
ott K. James
on Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WORKMAN'S LIVESTOCK, LLC, C/O PIVOT SOLAR 50, LLC,
AND PIVOT SOLAR 51, LLC
USR24-0004
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0004, 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. 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 natural grade below each solar panel, to the highest extent of
the solar panel rotation.
7 Glare. The SEF shall be 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.
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.
11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant to the
Fencing Plan, as presented in the application materials. Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
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).
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 Public Works, pursuant
to the provisions of Chapter 8, Article XIV, 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 and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. This site is located within the Airport Overlay District.
18. 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.
19. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
20. Landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and the replacement
of any required plantings that become diseased, infested, or otherwise unhealthy shall
happen within the growing season or next calendar year, whichever occurs sooner.
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21. 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.
22. 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.
23. 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.
24. 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
26. 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.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. 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.
31. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
32. Weld County is not responsible for the maintenance of on -site drainage related features.
33. The historical flow patterns and runoff amounts on the site will be maintained.
34. 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
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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.
35. 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.
36. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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. 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.
39. 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.
40. 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.
41. 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.
42. 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
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DEVELOPMENT STANDARDS (USR24-0004) - WORKMAN'S LIVESTOCK, LLC,
C/O PIVOT SOLAR 50, LLC, AND PIVOT SOLAR 51, LLC
PAGE 5
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.
43. 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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