HomeMy WebLinkAbout20223146.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0026, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING
CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION
FACILITY AND RELATED TANKS AND ANCILLARY EQUIPMENT OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND
PRODUCTION, 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 30th day of
November, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Calvary Farms, LLC, 134 Oak Avenue, Eaton, Colorado 80615,
c/o Bayswater Exploration and Production, LLC, 8620 Wolff Court, Westminster Colorado 80031,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0026, for Oil
and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility and related tanks and ancillary equipment outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the SE1/4 NE1/4, Section 19, Township 7
North, Range 65 West of the 6th P.M., as further
described in the Special Warranty Deed recorded at
Reception #4869419, Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Lauren Walsh and Ryan
Kaminky, Bayswater Exploration and Production, LLC, 730 17th Street, Suite 500, 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
Secif'ion 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Seckon 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
CC:PL(TP/MN/AA), A(Km), APR- .,APPL.REP.
of/i6/23
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 2
1) Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The proposed facility
is located on lands considered to be the 'dry corner" of one (1) of
the Calvary Farms holdings without irrigation water and is currently
used for oil and gas development, grazing and pasturing. The
shorter -term decision is to create a 35 -acre parcel for all oil and gas
activities, leaving open options for continued agricultural activities
on the remaining 285 acres. The proposed metal skinned pump
house building to be constructed onsite is similar in size to other
agricultural buildings and structures in the area.
2) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development." The proposed location for the Class II saltwater
injection wells will be located on an existing Weld Oil and Gas
Location Assessment site, WOGLA18-0020. The proposed use and
equipment that will be onsite will not increase the disturbance area
of the WOGLA site, making this site a shovel -ready development.
3) Section 22-2-60.6 states: "Support responsible energy and mineral
development." The proposed Class II saltwater injection facility is
located on an existing WOGLA18-0020 site. The existing site has
an Access Permit onto County Road 39, AP18-00098 Oil and Gas.
The existing access will be utilized for the proposed Class II
saltwater injection facility, therefore, not requiring additional
accesses. Conditions of Approval have been included to ensure
that proper tracking control and road maintenance is required.
County Road 39 is a paved road and is designated on the Weld
County Functional Classification Map as a local road. The proposal
for a Class -II saltwater injection well facility and associated
equipment are being permitted through the Colorado Oil and Gas
Conservation Commission (COGCC), prior to operation. Oil and
gas development in the County is an integral part of the County
economy and has a substantial direct and indirect impact on current
and future land use. Oi and gas development is cyclical, but the
economics of energy suggests there will be sustained levels of
exploration and extraction in the County. Many state and federal
permits are required for the industry, such as Stormwater
Management Plans, environmental reports (including those for
threatened and endangered species), archeological and historical
reports, Floodplain Permits, Air Pollution Emissions Notices and
other federal, state and County statutes, regulations and
ordinances. Referrals were sent to the Weld County Department of
Public Health and Environment and Department of Planning
Services — Development Review for comment. The Weld County
Department of Public Health and Environment returned a referral,
dated October 10, 2022, outlining the Development Standards for a
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, CIO BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 3
safe operation of the facility. The Department of Planning Services
— Development Review returned a referral, dated October 3, 2022,
outlining Conditions of Approval to address the traveling public and
offsite impacts. Per the application materials, once the pipeline into
the facility is operational, the number of tanker trucks visiting the
facility will be greatly reduced. 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.
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.V — Uses by Special Review, of the Weld County
Code allows for a "Oil And Gas Support And Service" facility in lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. This Code section allows the applicant to apply for
the Oil and Gas Support and Service, including Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility and related
tanks and ancillary equipment.
C. Section 23-2-220.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
irrigated agricultural lands, existing oil and gas production, and rural
residences. The closest residence is approximately 900 feet to the
northeast, with two (2) residences located to the south, both approximately
2,000 feet from the proposed site. The nature of the site will not change
from its current state and there will not be any additional traffic impacts after
construction of the site due to Bayswater Exploration and Production, LLC,
planning to pipe production water from new facilities to the new Calvary
SWD Facility. There are six (6) USRs within one (1) mile of the site. To the
north is a horse training and boarding facility permitted via USR-997, an
agricultural service establishment, via USR-1583, a feed lot, via
AMUSR-199, and a sugar beet storage facility, via USR-1020. To the south
is a church childcare and school, via USR-1429, a golf course, via
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 4
USR-1241, and a water tank, via USR-574. The Weld County Department
of Planning Services sent notice to 12 surrounding property owners within
500 feet of the subject property. There were no emails or phone calls
received regarding the proposed application.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Towns of Ault and Eaton. Neither town returned a referral. The site is
also located within the Town of Ault's Coordinated Planning Agreement
(CPA) area. The applicant submitted the signed Notice of Inquiry Form
(NOI) with the application. The NOI form, dated August 23, 2022, stated
the Town of Ault has no interest in annexation at this time.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within any
recognized overlay districts, including the Geologic Hazard Overlay
District, the Special Flood Hazard Development Overlay area, the Airport
Overlay District, Historic Townsites Overlay District, 1-25 Overlay District,
Agricultural Heritage 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map, shows
the proposed facility located on approximately seven (7) acres of Irrigated
Land (Prime). The proposed use is on an existing Weld Oil and Gas
Location Assessment site, WOGLA18-0020, and does not impact any
agricultural 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Calvary Farms, LLC, c/o Bayswater Exploration and
Production, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0026, for Oil and Gas Support and Service, including Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility and related tanks and ancillary equipment outside of
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, CIO BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 5
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 facility shall submit a Groundwater Monitoring Plan, for review and
approval, to the Weld County Department of Public Health and
Environment.
B. The applicant shall submit design plans of the offload pad area, which
should incorporate a sub -sump monitoring point and synthetic liner, for
review and approval, to the Weld County Department of Public Health and
Environment.
C. A Decommissioning Plan shall be submitted to, and accepted by, the
Department of Planning Services.
D. A Communication Plan shall be submitted to, and accepted by, the
Department of Planning Services.
E. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
F. A Final Traffic Impact Study, stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
G. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required. This Report shall include an Acceptance of Developed
Stormwater Flows on Affected Lands, signed by the owner of the affected
lands.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0026.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 6
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the on -site lighting in accordance with the
accepted Lighting Plan.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
7) County Road 39 is a paved 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.
8) County Road 78 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.
9) The applicant shall show and label the existing permitted access
location, approved access width and the appropriate turning radii
on the USR map.
10) 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.
11) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, CIO BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 7
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. Prior to Construction:
A. The required tracking control shall be constructed prior to on -site
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
B. The applicant shall develop a new Hazard Assessment Plan with the Office
of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement
2022-3146
PL2849
SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: dv• �C.L�D��
Weld County Clerk to the Board
County orney
Date of signature: of Xo3 /23
cott K. James, Chair
Mi - e- an, Pro-Te
c.
teve Moreno
2022-3146
PL2849
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CALVARY FARMS, LLC,
C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
USR22-0026
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0026, is for
Oil and Gas Support and Service, including Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility and related tanks and ancillary equipment 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 hours of operation are 24 hours a day, Monday — Sunday.
4. The number of facility employees is two (2), as stated in the application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
6. The property owner shall maintain compliance with the Decommission Plan and the
Communication Plan.
7. Lighting shall be maintained in accordance with the approved Lighting Plan.
8. 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.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
13. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
14. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
2022-3146
PL2849
DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 2
15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require
an amendment to this Use by Special Review Permit.
18. 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. 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. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I of the Weld County Code.
21. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors that are onsite for less
than two (2) consecutive hours a day portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties and public rights -of -way.
24. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS. A permanent, adequate
water supply shall be provided for drinking and sanitary purposes.
25. All chemicals onsite must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
26. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
2022-3146
PL2849
DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 3
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
27. A leak detection system shall be designed and installed beneath concrete unloading pads,
piping, and sumps. The unloading pad shall be kept in good condition.
28. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
29. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
30. The facility shall comply with the accepted Groundwater Monitoring Plan.
31. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Health and Environment, upon request. The Weld County
Department of Health and Environment reserves the right to require additional monitoring.
32. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
33. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment (WCDPHE) or Colorado Department of Public Health and Environment
(CDPHE), a comprehensive site -wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing, by the WCDPHE or CDPHE, prior to
implementation.
34. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
35. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as set forth in Section C.R.S. §25-12-103.
36. Weld County Department of Public Health and Environment shall be notified prior to the
closure of the facility. Upon site closure, the facility will remove all wastes from the site
and decontaminate all equipment, tanks, and secondary containment. All wastes removed
from the site during closure activities will be disposed of off -site, in accordance with all
state and federal rules and regulations and with Weld County Code. Documentation of
closure activities will be provided to WCDPHE.
2022-3146
PL2849
DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 4
37. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
38. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
39. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
40. 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.
41. Building Permits shall be required for any new construction or set up manufactured
structure, 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 the various codes adopted 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.
42. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
43. 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.
44. 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.
45. 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.
2022-3146
PL2849
DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 5
46. 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.
47. 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.
48. 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.
49. 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.
2022-3146
PL2849
Hello