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HomeMy WebLinkAbout20232734.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0019, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, 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 27th day of September, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Michael Boulter Farms, LLC, 22019 County Road 54, Greeley, Colorado 80631, c/o CBEP Solar 26, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0019, 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 D of Recorded Exemption, RE -4420; being part of the SW1/4 of Section 14, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, 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. 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 cc:PLCTP/MN/Ko/DA/MW),C O4m), IRPPL.,APPL.R�P ►o /23/23 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, CIO CBEP SOLAR 26, LLC PAGE 2 [Comprehensive Plan] shall be consistent and promote financially responsible growth." The Solar Energy Facility (SEF) will provide construction jobs and energy 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 is one (1) residence that is less than 500 feet from the facility. The applicant will either get a waiver from the nearby residence to the west or plant Rocky Mountain Junipers along the outside of the western fence line to provide natural screening for the nearby residence. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This Code Section supports the installation of the subject SEF, which is for energy development. The facility will provide power to be utilized by residences, businesses, and farming operations in Weld County. 2) Section 23-3-40.FF — Uses by Special Review, 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, equipment, including 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, CIO CBEP SOLAR 26, LLC PAGE 3 substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately 66.52 acres of a 152.27 -acre parent parcel. The proposal meets the intent of the A (Agricultural) Zone District, as the facility will produce energy and will not interfere with adjacent agricultural operations. C. Section 23-2-230.B.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 pasture land, production agriculture, and rural residences. Weld County Department of Planning Services staff sent notice to five (5) surrounding property owners, who own the 13 adjacent properties, within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. Surrounding property owners were contacted by the applicant. Some have requested screening and others desire no screening. The County also notified these property owners, and no additional comments were received. There are seven (7) USRs within one (1) mile of the site. USR-698 and USR-725, for aggregate mining, and USR-863, for a 600 -head dairy are located west of the site; SUP -202, for a feedlot, USR18-0025, for a water and fuel trucking company, USR19-0008, for a 24 -inch -high pressure gas line, and USR19-0051, for use of a residence for offices and outdoor storage of pipe, are located to the east. Based on the referral agency responses and the location of the site, the proposed SEF is in an area that can support this development. 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 and uses and the region. D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The SEF is proposed to be less than 160 acres in the Near/Urban Area, so it does not require a 1041 review. The site is not designated as being in an Opportunity Zone on the Weld County Comprehensive Plan. The site is not located within a Coordinated Planning Agreement (CPA) or a three (3) mile referral area of any municipality. E. Section 23-2-230.6.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Airport Overlay District, 1-25 Overlay District, Special Flood Hazard Area, 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, CIO CBEP SOLAR 26, LLC PAGE 4 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 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 facility will be located on Otero sandy loam, Valent sand, Vona loamy sand, and Vona sandy loam soils, which are classified with an A rating, per the soil report dated May 16, 2023, from the Natural Resource Conservation Service Soil Survey. These have a high infiltration rate and low runoff potential. The land is classified as Prime Farmland, if irrigated (Otero) and Farmland of statewide importance (Vona sandy loam). The land is, and has been, irrigated since the mid -1990s. The applicant indicates that the land will continue in agricultural production if the site is decommissioned. Per the application materials, the property owner stated there are water rights associated with the land. The property owner requests consideration to lease part of the land for solar because it will decrease the water demand and will generate money from the solar lease and lower the water costs. G. Section 23-2-230.6.7 — 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 health, safety, and welfare of the inhabitants of the neighborhood and County. The proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Michael Boulter Farms, LLC, c/o CBEP Solar 26, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0019, 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 referral response from Public Service of Colorado, as stated in the referral response, dated June 26, 2023. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, CIO CBEP SOLAR 26, LLC PAGE 5 B. The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy Department, as stated in their referral, dated June 22, 2023. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall acknowledge the advisory comments of City of Greeley Community Development - Planning Department, as stated in their referral, dated June 30, 2023. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. 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 accepted Landscape and Screening Plan. E. 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 during construction. F. 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. G. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR23-0019. 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.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. 6) 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. 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 6 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 45 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 12) County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 13) The applicant shall show and label the access points onto County Road 45 and County Road 44, and the usage type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. 14) The applicant shall show and label the drainage flow arrows, as well as the accepted drainage features. 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 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 7 County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) -month period. 4. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs, required by Section 23-4-1030.6.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. B. The approved access and tracking control shall be constructed prior to on -site construction. C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. 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. 2023-2734 PL2885 SPECIAL REVIEW PERMIT (USR23-0019) - MICHAEL BOULTER FARMS, LLC, CIO CBEP SOLAR 26, LLC PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of September, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d4t4.44) Weld County Clerk to the Board B J&Cft13n .�Cih.Gt)I UL Deputy Clerk to the Board ounty tt, ney Date of signature: r 01 2 11-3 Mikan, Chair (NAY) 2023-2734 PL2885 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC USR23-0019 1. Site Specific Development Plan and Use by Special Review Permit, USR23-0019, 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 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 2023-2734 PL2885 DEVELOPMENT STANDARDS (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 2 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 of this Code, per Section 23-4-1030.C.8 of the Weld County Code, as amended. 14. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per Section 23-4-1030.C.9 of the Weld County Code, as amended. 15. 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 accepted Property Maintenance Plan. 17. 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. 18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 19. 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 replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year, whichever occurs sooner. 2023-2734 PL2885 DEVELOPMENT STANDARDS (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 3 20. 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. 21. 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. 22. 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. 23. 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. 24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 25. 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. 26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in C.R.S. §25-12-103. 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. The historical flow patterns and runoff amounts on the site will be maintained. 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2023-2734 PL2885 DEVELOPMENT STANDARDS (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 4 34. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 35. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 36. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 37. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of 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. 38. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 39. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital 2023-2734 PL2885 DEVELOPMENT STANDARDS (USR23-0019) - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC PAGE 5 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. Often, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 41. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2023-2734 PL2885 Hello