HomeMy WebLinkAbout20250291.tiffResolution
Approve Use by Special Review Permit, USR24-0023, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Parkview Apartments, LLC, c/o SunShare, LLC, dba Periwinkle Solar,
LLC, Longspur Solar, LLC, and 1876 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 5th day of
February, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Parkview Apartments, LLC, P.O. Box 458, Ault, Colorado
80610, c/o SunShare, LLC, dba Periwinkle Solar, LLC, Longspur Solar, LLC, and
1876 Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for Use by Special Review
Permit, USR24-0023, 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 Amended Recorded Exemption,
AMRE-4331; being part of the SE1/4 of
Section 9, Township 7 North, Range 66 West
of the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Kristy Weyerman,
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.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
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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." This Solar Energy Facility (SEF) will initially
provide construction jobs and future energy production 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.
Although there are six (6) residences that are less than 500 feet from
the boundary of the parcel, the SEF is configured in such a manner
to ensure there are no residences within 500 of the disturbed area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.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 five (5) acres,
but less than 320 acres in the Agriculture/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
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map in Appendix 21-B. Per Section 23-1-90 of the Weld County Code
the SEF will encumber approximately 45 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. One (1) storage container will be located on the
property to store modules and other spare parts after construction.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and the land uses include pastures, crops and rural
residences. There are nine (9) USRs within one (1) mile of the site. To the
north of the subject site there is a 1041 Major Facility (USR21-0018). To the
east of the subject site there is a mineral resource development
(USR-1453). To the south of the site there are two (2) hog farms (SUP -304
and USR-617), and an office, shop, and storage (USR19-0037). To the west
of the subject site there is a feed lot (SUP -57), a livestock confinement
operation (AMSUP-205), an oil and gas support and service facility
(USR12-0018), and a construction maintenance and storage facility
(USR-1328). Weld County Department of Planning Services staff sent
notice to five (5) surrounding property owners (SPOs) within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls
were received; however, one (1) letter of support was submitted with the
application materials. The proposed use is in an area that can support this
SEF, and the Conditions of Approval and Development Standards will assist
in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is located within the Coordinated Planning Agreement (CPA) area for the
Towns of Ault and Severance, and within the three (3) mile referral area of
the Towns of Ault, Severance, and Pierce. The Towns of Ault and
Severance did not submit a Notice of Inquiry (NOI); however, both Towns
submitted referral agency comments, dated October 21, 2024, and
October 9, 2024, respectively, with no concerns. The Town of Pierce also
submitted referral agency comments, dated October 16, 2024, with no
concerns. The site is located outside of the Future Land Use Map for the
Town of Severance and within the "Planning Area" boundary for the Town
of Ault. According to Ault's Comprehensive Plan, the site has a land use
classification of Agriculture, which typically includes large parcels of land
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that are used to cultivate crops and nursery stock, to raise animals and to
provide farm -related products. It states that residential developments
should be clustered and have an adequate buffer from agricultural
operations. The Comprehensive Plan also states the Agricultural Land Use
Designation should be located on the outskirts of the community, typically
between the Primary Growth Area and the Planning Area, as it is important
to buffer agricultural uses from other uses because agricultural production
may include a variety of hazards, including heavy farm equipment, irrigation
ditches, herbicides, pesticides, livestock and open burning.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
County. The property is 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, or Special Flood Hazard Area.
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 proposed facility is located on approximately 45 acres of soils
designated as "Prime Farmland if irrigated," Kim loam (1-3%) slopes, per
the USDA Natural Resources Conservation Service (NRCS) Custom Soil
Report. The proposed use is temporary, and soils will not be unduly
removed from the property. After the lease period, the land will be able to
be returned to historic uses.
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 Parkview Apartments, LLC, do SunShare, LLC, dba
Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar, LLC, for Use by Special
Review Permit, USR24-0023, 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 submit an Access Permit, or access sign -off, from the
Colorado Department of Transportation (CDOT).
B. The applicant shall address the requirements of CDOT, as stated in the
referral response, dated November 26, 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 response, dated
October 15, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0023.
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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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, and 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 delineate and label the State Highway 14
right-of-way, along with the documents creating the right-of-way.
12) The applicant shall delineate and label the CDOT approved access
with the Access Permit number, if applicable.
13) The applicant shall show and label the entrance gate. The gate shall
be designed such that the longest vehicle (including trailers) using
the access can completely clear the traveled way when the gate is
closed (35 foot minimum distance from the northern edge of
State Highway 14), or as specified by CDOT.
14) The applicant shall show and label drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The USR map and additional requirements shall be submitted within 120 days from
the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the 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. 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
and Reclamation Plan shall be updated to include the approved security
information.
B. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
C. A Weld County Grading Permit shall be acquired if disturbing more than
one (1) acre of land.
D. The applicant shall submit the Interconnection Agreement.
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Use by Special Review Permit
Development Standards
Parkview Apartments, LLC, c/o SunShare, LLC,
dba Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar, LLC
USR24-0003
1. Use by Special Review Permit, USR24-0023, 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
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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. The existing and proposed landscaping and screening on the site shall be
maintained, in accordance with the approved Landscape and Screening Plan.
Required landscaping and screening shall be installed within one (1) calendar year
of issuance of a Building Permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality, at the earliest possible time.
10. 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.
11. 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 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.
12. 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.
13. Stormwater management. The Operator of the SEF shall comply with the approved
Final Drainage Report and the required Storm Drainage Criteria, pursuant
to Chapter 8, Article XI of this Code. Ground -mounted solar collector systems shall
be exempt from impervious surface calculations if the soil under the collectors is
designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS), per Section 23-4-1030.C.7 of the Weld County Code, as
amended.
14. 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 of the Weld County Code, as amended.
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15. 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.
16. 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
and reclamation.
17. The site shall be maintained in accordance with the accepted Property
Maintenance Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. 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.
20. The property owner shall maintain compliance with the Decommissioning Plan.
21. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of on -site drainage related
features.
26. 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
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removed for final disposal in a manner that protects against surface and
groundwater contamination.
27. 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.
28. 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.
29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
32. 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.
33. 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.
34. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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35. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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
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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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 5th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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