HomeMy WebLinkAbout20231331.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0007, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT - ROBERTA MCGREGOR AND ERIK DAVIS, PERSONAL
REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, 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 17th day of
May, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Roberta McGregor and Erik Davis, Personal Representative for Dorothy Davis,
22440 County Road 35, LaSalle, Colorado 80645, do Pivot Solar 33, LLC, 1750 15th Street,
Suite #400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0007, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE -446; being part of
the SW1/4 of Section 12, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Sundman,
Pivot Solar 33, LLC, 1750 15th Street, Suite #400, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 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 of the Weld County Code states: "Promoting
Economic Growth and Stability. Land use policies have a significant
impact economic conditions in the County and should be structured
CC:PL(TP/NW/Da/m0/Mw),CA(KM),APR-
06 / iat /23
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 2
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. The SEF, being a power -generating facility,
will add variety, stability, and redundancy to the existing electrical
grid. Traditional energy resources are tied to commodity markets
and can vary in demand and output. This facility can complement
and support the economy during times of fluctuating oil and gas
activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. There are no residences that are less than 500 feet from the
facility. Once operational, the proposed SEF creates no noise, odor,
light or flickering, vibration, vermin, dust, or other nuisances. The
operation of the SEF is almost entirely unnoticeable to neighboring
properties and it will not impact surrounding property owners' right
to quiet enjoyment.
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
project is committed to donating 100% of the energy produced to
low-income Coloradans to assist in paying energy bills.
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 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
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, CIO PIVOT SOLAR 33, LLC
PAGE 3
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
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 26 acres and qualifies as a SEF USR. The
SEF may also include two (2) 40 -foot conex (cargo) containers
during construction. Cargo containers are allowed as an Accessory
Use, per Section 23-3-30.6 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. There are four (4) properties that
surround this site. One (1) property to the west is zoned 1-3 (Heavy
Industrial). The remainder of the properties adjacent to the site are zoned
A (Agricultural). The land uses include four (4) residences, agricultural
uses, vacant land, SPR21-0001 for office space, outdoor storage, and
vehicle service/repair establishment, and USR13-0012 for agricultural
services. The closest residences are approximately 650 feet from the
proposed disturbed location of the solar facility. There are seven (7) USRs
within one (1) mile of the site. South of the site are SUP -31 for a dairy,
1MUSR19-17-0003 for an office and storage facility for a seed dealership,
USR11-0016 for a 12 -inch natural gas pipeline, and USR17-0050 for a
greater than 12 -inch high pressure natural gas pipeline. To the north of the
subject property are USR-1053 for seed production, USR11-0010 for an oil
and gas support facility, and USR13-0012 for agricultural services.
Weld County Department of Planning Services staff sent notice to
14 surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by Chapter
22 of this Code or master plans of affected municipalities. The site is
located within the Coordinated Planning Agreement (CPA) Area for the City
of Evans and the Town of LaSalle. As part of the pre -application process.
The City of Evans submitted a Notice of Inquiry dated June 13, 2022, which
indicated that the subject property is located out of the City's future land
use map area and to work with the Town of LaSalle moving forward. The
Town of LaSalle submitted a Notice of Inquiry dated January 23, 2023,
stating that they do not wish to annex at this time.
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 4
According to the City of Evans' Community Master Plan (-2022) and
corresponding future land use map, the site is located outside the City's
Urban Growth Boundary. The site is within the Town of LaSalle's Primary
and Secondary Growth Boundaries. The site is located within the three (3)
mile referral area of the City of Evans and the Towns of LaSalle and
Gilcrest. The Town of LaSalle submitted referral agency comments, dated
February 14, 2023, requesting consideration regarding the western portion
of the property, adjacent to County Road (CR) 35, to remain available for
future development, as shown on the Site Plan. The City of Evans and the
Town of Gilcrest did not submit referral agency comments.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this 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 A -P (Airport) Overlay District,
1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsites Overlay District, Agricultural Heritage Overlay District, or part of
a Disproportionally Impacted Community. Building Permits issued on the
lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F Section 23-2-230.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 primarily on soils designated as "Prime
farmland if irrigated," with low slope (0-3%) Olney fine sandy loam, per the
USDA Natural Resources Conservation Service (NRCS) Custom Soil
Report. The proposed use of the property for an SEF will not remove topsoil
from the property. After the life of the SEF the land may 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 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.
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 5
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Roberta McGregor and Erik Davis, Personal
Representative for Dorothy Davis, c/o Pivot Solar 33, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0007, 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. 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.
B. The applicant shall submit the Interconnection Agreement.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0007.
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 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.
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 6
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, access roadways, etc., as 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) County Road 35 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.
12) The applicant shall show and label the existing permitted access
point onto CR 35 and usage type (Commercial). Development
Review will review the access location as a part of the plan
submittal.
13) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plan, along with the
documents creating the right-of-way.
14) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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
2023-1331
PL2869
SPECIAL REVIEW PERMIT (USR23-0007) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 7
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved tracking control shall be constructed.
C. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dda.„.O;�
Weld County Clerk to the Board
ounty rney
Date of signature: 06/07/
Mike-Fceman, Chair
2023-1331
PL2869
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERTA MCGREGOR AND ERIK DAVIS, PERSONAL REPRESENTATIVE
FOR DOROTHY DAVIS,
C/O PIVOT SOLAR 33, LLC
USR23-0007
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0007, 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. 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.
5. 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.
6. 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 landscaping 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.
7 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.
8. 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.
9. 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.
2023-1331
PL2869
DEVELOPMENT STANDARDS (USR[CASE#]) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 2
10. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8,
Article XI of the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
11. 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.
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. 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.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. 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.
19. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
20. The historical flow patterns and runoff amounts on the site will be maintained.
2023-1331
PL2869
DEVELOPMENT STANDARDS (USR[CASE#]) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 3
21. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
22. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
23. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
25. 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A plan
review shall be approved, and a permit must be issued prior to the start of construction.
28. The property owner or operator shall be responsible for complying with the Use by Special
Review Design Standards and Operation Standards within Chapter 23, Article II of the
Weld County Code.
29. 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.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
2023-1331
PL2869
DEVELOPMENT STANDARDS (USR[CASE#]) - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
PAGE 4
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
2023-1331
PL2869
Hello