HomeMy WebLinkAbout20240348.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - LEE AND RUBY LINBLAD, AND M.A. LINBLAD, LLC,
C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, 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
January, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lee and Ruby Linblad, and M.A. Linblad, LLC, 13313 State Highway 392,
Greeley, Colorado 80631, do CBEP Solar 22, LLC, and CBEP Solar 23, LLC, P.O. Box 1255,
Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0024, 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 Recorded Exemption, RE -391, and another
parcel, both being part of the SE1/4 SW1/4 of
Section 17, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, on January 31, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of staff for a continuance and, having been fully informed,
deemed it advisable to continue the matter February 21, 2024, at 10:00 a.m., to allow the case to
be heard by the Planning Commission on February 6, 2024, and
WHEREAS, at said hearing on February 21, 2024, the applicant was present and
represented by Bryson Daughton, CBEP Solar, 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 23-2-230.6 of the Weld County Code as follows:
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03/241/29
2024-0348
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SPECIAL REVIEW PERMIT (USR23-0024) - LEE AND RUBY LINBLAD, AND M.A. LINBLAD,
LLC, CIO CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
PAGE 2
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or 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
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility (SEF) will initially
provide construction jobs and future energy production to Weld
County, which directly supports 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 no residences less than 500 feet from the facility.
Once operational, the proposed SEF creates no noise, odor, light
or flickering, vibration, vermin, dust, or other nuisances. The
operation of the SEF will not impact surrounding property owner's
right to quiet enjoyment. The current and future oil and gas activity
on the property will not be impacted.
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."
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEFs), 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
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LLC, CIO CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
PAGE 3
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, the SEF will encumber
approximately 56 acres and qualifies as a SEF USR. This SEF may
also include two (2) 40 -foot conex (cargo) containers, per parcel,
during construction. Cargo containers are allowed as an Accessory
Use, per Section 23-3-30.B of the Weld County Code. The Cargo
containers will be removed after construction is completed.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
zoned A (Agricultural). The land uses include residences, agricultural uses,
and vacant land. The closest residence is approximately 530 feet from the
solar facility.
There are 11 USRs within one (1) mile of the site. To the east are
USR-1417, for an excavation equipment shop, USR-842, for feed sales and
farm equipment repair, 3MUSR19-85-685, for a kennel up to 140 dogs
and 20 cats, and USR-1698, for a child daycare center. To the north is
SUP -22, for a feed lot. To the west are USR-591, for a crude oil facility,
USR-1182, for a gas line, USR-1212, for an airstrip, AMUSR-1144, for a
dairy for up to 3,000 cows, and USR-1428, for repair of trucks and farm
equipment.
Weld County Department of Planning Services staff sent notice to 17
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
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 or master plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) area for the Towns of Windsor and Severance. As part
of the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The Town of Windsor submitted a NOI dated June 12, 2023,
which indicated they had no concerns with the SEF proposal. The Town of
Severance did not submit a NOI response.
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SPECIAL REVIEW PERMIT (USR23-0024) - LEE AND RUBY LINBLAD, AND M.A. LINBLAD,
LLC, C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
PAGE 4
The site is located within the three (3) mile referral area of the City of
Greeley, and the Towns of Windsor and Severance. The Town of Windsor
and the City of Greeley submitted referral agency responses with no
concerns, dated October 16, 2023. According to the City of Greeley's
Comprehensive Master Plan (February 2018) and corresponding Future
Land Use Map, the site is located outside the City's Urban Growth
Boundary. According to the Town of Windsor's Comprehensive Master
Plan (March 2016) and corresponding Future Land Use Map, the site is
located outside the Town's Urban Growth Boundary. According to the Town
of Severance's Comprehensive Master Plan (January 2020) and
corresponding Future Land Use Map, the site is located within the rural
residential conservation or agricultural area. The Town of Severance did
not submit referral agency comments.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI if the proposal is located within an overlay zoning district
or a special flood hazard area identified by maps officially adopted by the
county. The property is not located within any overlay district officially
adopted by the County, including the A -P (Airport) Overlay District, 1-25
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsites Overlay District, Agricultural Heritage Overlay District, or part of
a Disproportionally Impacted Community. Building Permits issued on the
lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 7.8 acres of soils
designated as "Prime farmland if drained and either protected from flooding
or not frequently flooded during the growing season," Aquolls and Aquepts,
flooded, approximately 26.5 acres of soils designated as "Prime farmland
if irrigated," low slope (1-3%) Kim loam, and approximately 22.8 acres of
soils designated as "Prime farmland if irrigated and the product of I (soil
erodibility) x C (climate factor) does not exceed 60," with low slope (1-3%)
Olney fine sandy loam, per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report.
The proposed use of a SEF will not remove topsoil from the property. After
the life of the SEF the land may be returned to historic uses. The landowner
of CBEP Solar 22, LLC, will use the existing ditch rights to support their
remaining agricultural land, the sheep grazing underneath the SEF, and to
maintain the native seed mixture. The landowner of CBEP Solar 23, LLC,
does not have any water rights on the property and the property is currently
used for oil and gas facilities.
2024-0348
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SPECIAL REVIEW PERMIT (USR23-0024) - LEE AND RUBY LINBLAD, AND M.A. LINBLAD,
LLC, CIO CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
PAGE 5
G. Section 23-2-230.6.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the application of Lee and Ruby Linblad, and M.A. Linblad, LLC,
c/o CBEP Solar 22, LLC, and CBEP Solar 23, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR23-0024, 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. The applicant shall acknowledge the advisory referral comments of the
Weld County Oil and Gas Energy Department, as stated in their referral
response, dated November 30, 2023. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0024.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The 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 equipment and structures are temporary for use
during construction and which items are permanent.
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LLC, CIO CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
PAGE 6
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 temporary
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 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.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, or access roadways. For example,
part of any executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
11) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plan along with the
documents creating the right-of-way.
12) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access permit number. Label the access
points to be closed as "Close and Reclaim."
13) The applicant shall show and label the 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.
2024-0348
PL2901
SPECIAL REVIEW PERMIT (USR23-0024) - LEE AND RUBY LINBLAD, AND M.A. LINBLAD,
LLC, C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
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3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BNCouzzihl • tt)cuco i c.k,
Deputy Clerk to the Board
APP':' D
AS
WELD COUNT
EXCUSED
Perry L. B k, Pro- em
Mike Freeman
Scott . James
County At orney ,A 'ice
3 I
Date of signature: c Z4�'t
2024-0348
PL2901
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEE AND RUBY LINBLAD, AND M.A. LINBLAD, LLC,
C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC
USR23-0024
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0024, 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 the
control of fugitive dust, detailed in their 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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DEVELOPMENT STANDARDS (USR23-0024) - LEE AND RUBY LINBLAD, AND
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PAGE 2
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 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 of the Weld County Code, per
Section 23-4-1030.C.8, 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. Per
Section 23-4-1030.B.4.h of the Weld County Code, as amended. 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, Division 2 of the Weld County Code.
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. 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.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. 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.
24. 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.
25. 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.
26. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
27. 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.
28. 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.
29. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
31. 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 Building Codes, 2018 International Energy 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.
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32. 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.
33. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700 of
the Weld County Code, as amended.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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
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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.
41. 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.
42. 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.
2024-0348
PL2901
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