HomeMy WebLinkAbout20223457.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0025, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, 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 21st 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 Arthur Griffiths, 9216 County Road 48.5, Johnstown, Colorado 80534,
c/o CBEP Solar 7, LLC, P.O. Box 1255, Sterling, Colorado 80751 for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0025, 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 Lot Line Adjustment, LLA22-0035, being
part of the N1/2 S1/2 of Section 3, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rebecca Gallery, 404
Wood Street, Fort Collins, Colorado 80521-1951, CBEP Solar 7CBEP SOLAR 7, LLC, P.O.
Box 1255, Sterling, Colorado 80751, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
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01/11./23
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County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility will provide
short-term construction jobs and long-term energy production to
Weld County, which directly support economic prosperity. The
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) 22-2-30.C states: "Harmonize development with surrounding land
uses." The proposed facility is unmanned and the two (2)
residences within 500 feet are owned by the applicant, which
reduces future conflicts. No screening or landscaping is proposed
for this project.
3) 22-2-60.B states: "Support responsible energy and mineral
development." According to the application, the Solar Energy
Facility will connect into the existing Xcel Energy distribution line,
per the Xcel Energy Interconnection Agreement executed on
January 25, 2022.
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 (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
purpose is to supply electricity and consists of one or more solar
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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 22 acres and qualifies as an SEF USR.
This USR facility will also include two 10 -foot x 40 -foot storage
containers for construction and operation usage. In accordance
with Section 23-3-30.B of the Weld County Code, up to two (2)
cargo containers per legal lot of less than 80 acres, and up to
five (5) cargo containers per legal lot of 80 or more acres, may
be allowed as an Accessory Use, as long as the cargo containers
remain in compliance with Chapter 23, Division 16,
Section 23-4-1100.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
surrounding the site are zoned A (Agricultural). The property is also
adjacent to the corporate limits of the Town of Milliken, partially on the south
and east boundaries. The surrounding uses are either vacant or utilized for
agricultural activities. The residence on the subject property is
approximately 250 feet from the Solar Energy Facility and the residence on
the site to the east is approximately 200 feet from the Solar Energy Facility.
The property to the east is owned by the applicant. There are other
residences in the area; however, but they are not closer than 500 feet to
the facility.
There are eight (8) USRs within one (1) mile of the site. USR-823 for 230 kV
electric transmission lines is west of and adjacent to the site. USR-1281 for
a 150 -foot -tall telecommunications tower; USR-1142 for a recreational
facility; MUSR18-0003 for a substation and 115 kV antennas; and USR-222
(SUP -222) for spray ponds are located south of the site. USR-1706 for a
16 -inch natural gas pipeline; USR-52 (CUP -52) for a golf course (Mad
Russian); and USR-1277 for herbal products processing are all located
north of the site.
Weld County Department of Planning Services staff sent notice to
seven (7) 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 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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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 Area (CPA)
for the Towns of Johnstown and Milliken. As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI). The Town
of Johnstown submitted a Notice of Inquiry, dated March 14, 2022, stating
they wish to annex the site, and included a letter that listed four (4)
Conditions of Approval, including a request for dedication of right-of-way
and clear identification of the 30 -foot sanitary sewer easement. The Town
of Milliken submitted a Notice of Inquiry, dated March 16, 2022, stating that
they also wish to annex the site.
Mr. Zach Brammer with Cloud Break Energy (the authorized agent) replied
to the Town of Johnstown's request to annex with an email, dated
March 29, 2022. The authorized agent also sent an email, dated March 17,
2022, with similar content, to the Town of Milliken. Planning Staff reached
out to both the Towns of Milliken and Johnstown and they each stated they
are not asking for pre -annexation agreements.
The site is located within the three (3) mile referral area of the Towns of
Johnstown and Milliken and the City of Greeley. The City of Greeley
submitted a response, dated September 1, 2022, stating they have no
comments. The Towns of Johnstown and Milliken did not submit referral
agency comments.
The site is located within the future land use areas for both the Town of
Johnstown and the Town of Milliken. The 2021 Johnstown Future Land Use
Map identifies the site as High Density/Intensity (HDI) and Medium
Density/Intensity Development (MDI). The 2021 Johnstown Area
Comprehensive Plan states the intent and desired character of the HDI will
be generally characterized by a high percentage of nonresidential uses,
with some residential possibly integrated into larger development areas.
These HDI corridors and nodes will accommodate and experience larger
volumes of traffic and be located along busy arterial and highway corridors,
especially at interchanges and intersections.
These areas are intended to provide high -quality, high -visibility locations
for retail, office, and employment activities, with some light industrial uses
that can appropriately mitigate impacts and contribute to the employment
base. These areas will have taller, larger -scale structures, a wider span of
business hours, large parking areas, and a mix of uses that create
economic synergies. Gathering spaces, entertainment venues, and
walkable and enjoyable retail areas may be located adjacent to larger "big
box" retailers. Town Gateways will also benefit from these HDI locations
where most travelers may first be made aware that they are in Johnstown.
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According to the Framework Plan Map for the Town of Milliken, included in
the Town's Comprehensive Plan, dated February 2016, the site is
designated in the Future Land Use Category of 'Agriculture'. The Town of
Milliken's Comprehensive Plan states Agriculture is primarily used for
farming, ranching, and other agriculturally related uses and secondarily
used for low density (rural) residential. The Agriculture Land Use Category
contain areas that are not anticipated to be developed within the 20 -year
planning horizon, provide for the continuation of agricultural uses within the
context of both market demand and the desires of individual property
owners, and limits residences to those for owners/operators of the
agricultural enterprise.
E. Section 23-2-230.B.5 — The property is not located within the County,
including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic
Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Historic Townsites Overlay District, or Agricultural Heritage Overlay
District. There is a small portion of the property located within the Special
Flood Hazard Area along the south edge of the ditch. 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 proposed facility is located on approximately 15 acres of Vona
Sandy Loam with 1-3% slopes and 13 acres of Otero Sandy Loam with
3-5% slopes. The entire facility will be located on soils designated as
"Prime Farmland of Statewide Importance". 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
land was irrigated and used for crops in 2021. In 2022, the property owner
leased their water to a neighbor and planted a sheep -friendly seed mix in
order to establish the pasture ahead of the sheep grazing that is set to
begin next year. The landowner still has water rights and will be irrigating
the sheep forage on his land.
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 Arthur Griffiths, c/o CBEP Solar 7, LLC, for a Site Specific
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Development Plan and Use by Special Review Permit, USR22-0025, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall attempt to address the comments of the Front Range
Fire Rescue, as stated in the referral response, dated August 31, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall attempt to address the requirements of the Town of
Johnstown, as stated in the Notice of Inquiry response letter, dated
March 14, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall attempt to address the comments of the Little
Thompson Water District, as stated in the referral response, dated
September 20, 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 USR22-0025.
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
five [5], 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
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County Code. Include fence and sign specification details on the
map.
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) 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 Big Thompson and South
Platte Ditch.
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.E
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 48.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map 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 existing proposed access
point onto County Road 48.5 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development
Review will consider the access location as a part of the plat
submittal.
15) 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
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distance from the gate to the edge of the traveled surface be less
than 35 feet.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
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 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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D. If there is any disturbance/construction in the floodplain a Floodplain
Development Permit is required.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management. 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 21st day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE JI,b COUNTY, COLORADO
ATTEST: ddamj ado%
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVED AS TO FOR
+.County Attorney
Date of signature: 01/11/23
Slott K. James, Chair
man, Pro -T
�.teve Moreno
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
USR22-0025
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0025, 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 will 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. 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.
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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 construcion 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. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEiIVIA) FIRM Community Panel Maps #08123C -1684F and 1703F, issue date
March 23, 20 22 (Big Thompson River Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
29. 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.
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30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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 ofCounty 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.
36. 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
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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.
37. 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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