HomeMy WebLinkAbout20230186.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE 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 7th day of
December, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lytle Farms, LLC, 21417 County Road 66, Greeley, Colorado 80631,
c/o SunShare, LLC, dba BecLee Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0024, 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 of Family Farm Division, FFD21-0008; being
part of the E1/2 SW1/4 of Section 22,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on December 7, 2023, the matter was continued to
January 18, 2023, to allow for the case to be heard by the Planning Commission; however, due
to inclement weather conditions on January 18, 2023, the case was rescheduled to the following
Wednesday, January 25, 2023, per the updated and published Agenda, and
WHEREAS, at said hearing, the applicant was represented by Elizabeth Scanlon,
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.
CC:PL (?P/NN/DR/DR), CA(KK), RPPL.,
APPL. REP.
0343 /23
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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 provide
construction jobs and energy to Weld County. These functions
directly support economic prosperity. This SEF, being a power -
generating facility, will add variety, stability and redundancy to the
existing electrical grid. Traditional energy resources are tied to
commodity markets and can vary in demand and output. This facility
can complement and support the economy during times of
fluctuating oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. The closest residence is approximately 750 feet from the
SEF and is owned by the same property owner as the subject
property. Since the closest residence is greater than 500 feet from
the SEF no screening or waivers are required.
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 includes, "Solar Energy Facilities, being more than
five (5) acres in size but less than 160 acres in the Near/Urban Area
as shown on Appendix 21-B, or being more than five (5) acres but
less than 320 acres in the Ag/Rural Area as shown on Appendix
21-B." This Code section allows the applicant to apply for the
subject SEF, being located in the Near/Urban Area as shown by
map in Appendix 21-B. Per Section 23-1-90 of the Weld County
Code, a "Solar Energy Facility" means: "a commercial facility whose
primary purpose is to supply electricity and consists of one or more
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solar arrays and other accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 31 acres of the 71 -acre parent parcel and
qualifies as an SEF USR. This USR facility will also include one (1)
storage container (conex) for storing spare modules and other
spare parts, being Accessory Uses, permitted by Section 23-3-30.B
of the Weld County Code.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and the land uses include pastures, crops and rural
residences. There are three (3) rural residences that are less than 200 feet
from the site; however, these residences are more than 500 feet from the
SEF. The closest residence is owned by the same property owner as the
subject property. There are no residential dwellings closer than 500 feet.
There are 16 USRs within one (1) mile of the site. USR-1764 for parking
and maintenance of a tank service company, and USR13-0060 for a
landscaping company along with truck parking and an office for a crude oil
transportation company are located northwest of the site. SUP -191 for a
feedlot for 18,400 cattle, and USR18-0057 for a 16 -inch high-pressure
natural gas pipeline are both located northeast of the site. USR-1654 for
beet storage, USR13-0026 (5th Amendment to USR-552) is for a natural
gas processing facility and communications tower, and USR13-0032 and
USR16-0005 are both for 115 kV transmission lines. These four (4) USRs
are located southwest of the site. USR-1386 for a bed and breakfast,
1 MUSR18-12-0074 fora natural gas pipeline that is greater than 10 inches
in diameter and a pump station, USR14-0021 and USR14-0022 for 16 -inch
natural gas pipelines are all located south of the site. USR15-0068 and
USR15-0037 are for oil and gas storage facilities with transloading and a
construction laydown yard, USR16-0016 is for a crude oil polishing
terminal, transloading, and outdoor equipment and materials storage yard.
These USRs are all located southeast of the site. Finally, USR18-0015 for
an event facility for weddings and similar gatherings is located west of the
site. Weld County Department of Planning Services staff sent notice to 11
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
Based on the referral agency responses, the location of the site and the
closest residence about 750 feet south of the SEF, the proposed use 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 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
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Chapter 22 of this Code or master plans of affected municipalities. This site
is not located within a Coordinated Planning Agreement (CPA) boundary.
The site is located within the three (3) mile municipal referral radius of the
City of Greeley. The City of Greeley, Community Development Department,
in their referral dated September 1, 2022, stated the site is located within
the City of Greeley's Long Range Expected Growth Area and is depicted
as Urban Reserve on the City's Comprehensive Plan. The City of Greeley
also stated their review finds this request to be in compliance.
E. Section 23-2-230.6.5 — The application complies with Articles V and XI of
this Chapter 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, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. The property is located in the
A -P (Airport) Overlay District. The Greeley -Weld Airport Authority did not
respond with any referral agency comments. The SEF solar panels are
mounted to single -axis tracking arrays, which sit parallel to the ground and
follow the path of the sun across the sky. The panels face east in the
morning, lay flat at noon, and face west in the evening. The modules utilize
a non -reflective glass, which eliminates glare concerns. 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 facility is on approximately 15 acres of soils identified as "Prime
Farmland if Irrigated" with low -slope (0-1%), Nunn clay loam, approximately
10 acres of soils identified as "Farmland of statewide importance" with
medium -slope (3-5%), Otero sandy loam, and approximately 5 acres of
soils identified as "Prime Farmland if irrigated with soil erodibility" with
low -slope (0-1%) Otero sandy loam. The proposed use of the property for
an SEF will not remove topsoil from the property. After the life of the Solar
Energy Facility, the land may be returned to historic uses. The SEF is
compatible with traditional A (Agricultural) Zone District uses as it will not
inhibit farming practices outside of the project area and a grassland
vegetative cover will be maintained under the solar panel arrays. The
property owner owns one (1) share of irrigation water, which is about
ten percent (10%) of the water needed to completely irrigate the 80 -acre
farm to its full potential. The owner is currently renting water and the crops
are far less productive, due to the type of irrigation they use, and far less
economical, due to the need to rent so much water at high cost. The money
generated from the lease for this SEF will pay for improvements to the farm
and allow for increased productivity on the 30-35 acres that will remain
farmed.
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G. Section 23-2-230.6.7 — There is 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lytle Farms, LLC, do SunShare, LLC,
dba BecLee Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0024, 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. An updated Decommissioning and Reclamation Plan shall be submitted,
which addresses the items listed in Section 23-4-1030.6.4 of the Weld
County Code.
B. The applicant shall submit an executed Interconnection Agreement to the
Weld County Department of Planning Services.
C. The applicant shall acknowledge the advisory referral comments of the
Weld County Oil and Gas Energy Department, as stated in the referral
response, dated August 30, 2022. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
D. 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.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0024.
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
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two [2], per Section 23-3-30.6 of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) 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 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 the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
10) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement.
11) 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.
12) County Road 66 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 or plat. 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 approved access location,
approved access width, and the appropriate turning radii on the
USR map. The applicant must obtain an updated Access Permit in
the approved location, prior to construction.
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14) The applicant shall show and label the entrance gate if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access and construction tracking control shall be
constructed prior to on -site construction.
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C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Eaton Fire
Protection District. The plan shall be reviewed on an annual basis by the
Facility operator, the Fire District, and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld
County Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtkv ,, .�C.[to;,1
Weld County Clerk to the Board
BY:
APP
County ""orney
Date of signature: O2/O
Meman, Ch•
k, Pro-Tem
Scott K. James
evin D. Ross
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LYTLE FARMS, LLC, C/O SUNSHARE, LLC,
DBA BECLEE SOLAR, LLC
USR22-0024
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0024, 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 facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site once operational.
4. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of , any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
5. 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.
6. 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.
7. 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.
8. 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.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
15. The site shall be maintained in accordance with the accepted Lighting Plan.
16. 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.
17. 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.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. 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.
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21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. Weld County is not responsible for the maintenance of on -site drainage related features.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. 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.
25. 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.
26. 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.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. 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.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code.
A Building Permit application must be completed and submitted. Buildings and structures
shall conform to the requirements of Chapter 29 of the Weld County Code, and the
adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and the 2020 National Electrical Code.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
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33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
2023-0186
PL2846
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