HomeMy WebLinkAbout20220330.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ESTROMINA CO GREELEY LAND, 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 26th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Estromina CO Greeley Land, LLC, 282 Moody Street, Suite 202, Waltham,
Massachusetts 02453, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0020, 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, RECX1 8-0151; being
part of the NW1/4 of Section 19, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Michael Redding, ECA Co
Greeley, 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, 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:
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 .FL&P/MH), EH(LL),CA(ss), 2022-0330
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SPECIAL REVIEW PERMIT (USR2'I-0020) - ESTROMINA CO GREELEY LAND, LLC
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the [Comprehensive Plan] shall be consistent and promote
financially responsible growth." This Solar Energy Facility will
provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy
Facility, 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 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed solar array area will occupy less than 50% of the existing
parcel and will be sited in the center portion of the property that is
distant from State Highway 392, being north of the parcel, and the
residences located to the north and south of the parcel.
Furthermore, the layout of the SEF is designed to allow for
continued operation of on -site oil and gas surface infrastructure.
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 Solar Energy
Facility, which is an 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, of the Weld County
Code includes, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size but less than one -hundred sixty (160) acres in
the Near/Urban Area as shown on Appendix 21-B, or being more
than five (5) acres but less than three -hundred twenty (320) acres
in the Ag/Rural Area as shown on Appendix 21-B." This Code
section allows the applicant to apply for the subject Solar Energy
Facility, 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
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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 27 acres of the 78 -acre parent parcel and
qualifies as an SEF USR. This USR facility will also include two (2)
storage containers for construction and operation usage, 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 unincorporated lands
are zoned A (Agricultural). The surrounding land uses consist of irrigated
and non -irrigated farmland, rural residences, industrial businesses and
on -going oil and gas activity. The closest residence is located
approximately 200 feet northeast of the subject parcel boundary. However,
the actual distance from the solar array to the closest is residence is
approximately 775 feet southwest. The distance from the solar facility to
the next closest residence is approximately 868 feet northeast. Three (3)
of the eight (8) adjacent parcels of land have residences located on them.
There are several USRs within one (1) mile of the site, including:
MUSR16-0008 (mineral resource development facility, being located
northeast of and adjacent to the SEF facility), USR-995 and MUSR14-0011
(oil and gas production facilities), USR-1492 (church), 3AMUSR-764
(agricultural service business) and USR13-0050 (tank, pump, hose, pipe,
and truck staging/storage yard and maintenance facility). Weld County
Department of Planning Services staff sent notice to 12 surrounding
property owners within 500 feet of the proposed USR boundary. No written
correspondence or telephone calls were received. Due to the rural
surrounding land uses and significant distance from the facility to other
improved land uses, this low -impact and low -traffic facility appears to be
compatible with the area. In particular, the improved area is at least 500
feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. Of those existing residences
beyond 500 feet of the improved area, such residential properties are well
screened by landscaping and varied topography.
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. 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 and Town of Eaton. The referral from the City of
Greeley — Community Development Department, dated November 2,
2021, stated no concerns. Eaton did not return a referral response.
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E. Section 23-2-230.B.5 — The proposed facility is not located within a Special
Flood Hazard Area, Greeley -Weld County. Airport Overlay District,
Geologic Hazard Overlay District Historic Townsite Overlay District or
Municipal Separate Storm Sewer System (MS4) area. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is primarily designated as "Prime Farmland if Irrigated" with
low -slope (1-3%), loam soils. A small portion of the site contains loam soils
with slightly higher slopes (3-5%) located in the northeast corner of the
parcel. Another insignificant portion of the site contains flooded soils,
located in the extreme west -central portion of the parcel. 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.
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
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. Those agency
referral responses, which contained comments, provide additional advisory
information, and conditions regarding designing and operating the site to
protect the interests of the County, public and other governmental
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Estromina CO Greeley Land, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0020, 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:
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.B.4 of the Weld
County Code.
B. The applicant shall attempt to address the comments of PDC Energy, as
stated in the mineral notice response dated December 16, 2021. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
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C. 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.
D. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. The applicant shall submit an updated Landscaping and Screening Plan,
for review and approval, .by the Department of Planning Services.
F. The applicant shall submit an updated Property Maintenance Plan, for
review and approval, by the Department of Planning Services. Such plan
shall address concerns of grassland fires and shall include a seasonal
grass and weed, maintenance schedule.
G. The map shall be amended to delineate the following:
1) All sheets of the reap shall be labeled USR21-0020.
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.
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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 Greeley #2 Canal.
10) 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 of
the Weld County Code.
11) 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.
12) 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.
13) County Road 37 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 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.
14) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
locations prior to construction.
15) The applicant shall show and label the approved tracking control on
the site plan.
16) 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.
17) If applicable, show and label a 30 -foot minimum access and utility
easement to provide legal access to the parcel on the site plan.
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18) The applicant shall show and label the drainage flow arrows.
19) 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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the. map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD 1OUNTY, COtORADO
ATTEST:
Scott . James, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ESTROMINA CO GREELEY LAND, LLC
US R21-0020
A Site Specific Development Plan and Use by Special Review Permit, USR21-0020, 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 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.
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, 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.
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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 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.
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. The site shall be maintained in accordance with the accepted Landscaping and Screening
Plan.
16. The site shall be maintained in accordance with the accepted Lighting 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. 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.
19. 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.
20. 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
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potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
21. 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.
22. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code. .
24. 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.
25. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
27. 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.
28. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Construction).
29. The historical flow patterns and runoff amounts on the site will be maintained.
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 We►d 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. 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.
38. 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
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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.
39. 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.
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