HomeMy WebLinkAbout20211391.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0005, FOR OIL AND GAS SUPPORT AND SERVICE, SPECIFICALLY
MIDSTREAM ACTIVITIES (COMPRESSED NATURAL GAS (CNG) FILL STATION)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - CANNON LAND COMPANY, C/O CERTARUS
(USA), LTD.
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 2nd day of
June, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cannon Land Company, 3333 South Wadsworth Boulevard, Lakewood,
Colorado 80227, c/o Certarus (USA), Ltd., 15759 County Road 22, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR21-0005, for Oil
and Gas Support Service, specifically midstream activities (compressed natural gas (CNG) fill
station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0037; being a part
of the E1/2 and the N1/2 NW1/4 of Section 10,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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
and any other applicable Code provisions or ordinance in effect.
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1
Section 22-2-40.A.5 states: "Encourage agglomeration economies
of synergistic businesses." This immediate area within Weld
County, along County Road 22, contains a concentrated hub of oil
and gas oriented businesses and operations, including oil and gas
processing facilities, midstream facilities, support facilities, pipeline
corridors and interconnects and production facilities. The location
of the subject CNG fill station among this cluster of similar
businesses is preferred in that, when possible, industrial land uses,
including oil and gas facilities are grouped in order to limit sprawl of
such uses and whereas such businesses may also proximally
benefit from one another.
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." Weld
County recognizes that the oil and gas support and service
industries are an essential component of energy and mineral
resource development and the economy. However, such
developments shall have a minimal impact on the citizens and land
of the County. The subject CNG fill station is located in an area that
does not impact surrounding land uses or agricultural activities, as
the facility is existing and is limited to a small subdivision exemption
lot, located in the southern portion of a large parcel of non -irrigated
rangeland, which is encumbered only by oil and gas production
facilities and midstream infrastructure. Additionally, this facility is
located adjacent to a permitted and constructed pipeline, which is
integral to the siting of a CNG fill station.
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 purpose of the CNG fill station facility,
which is directly related to energy development as the CNG fill
station provides an alternative fuel source for oil and gas drilling
operations, at reduced cost and emissions compared to diesel fuel.
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2) Section 23-3-40.W — Uses by special review, of the Weld County
Code includes, "Oil and Gas Support and Service". This Code
section allows the applicant to apply for the subject CNG fill station,
which directly supports the oil and gas industry. Per Section 23-1-90
of the Weld County Code, Oil and Gas Support and Service allows
for: "Midstream activities including the processing, storing,
transporting and marketing of oil, natural gas and natural gas
liquids." This facility receives compressed natural gas from an
adjacent pipeline and transports this fuel via pressurized trucks to
oil and gas industry customers.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are zoned
A (Agricultural). The surrounding land uses consist of oil and gas facilities
and encumbrances, production agriculture, and limited rural residences.
The closest residence is approximately 4,100 feet west of the facility. There
are numerous USRs within one (1) mile of the site including: USR16-0044
(field office), USR15-0003 (roustabout business), USR-1758 (oil and gas
support facility), USR-1317 (parking and repair of vehicles), 2AM SUP -211
(compressor station), MUSR12-0006 (oil and gas support facility),
MUSR14-0010 (mineral resource development facility), 3AM USR-1002
(natural gas processing facility), USR12-0023 (cryogenic plant),
USR12-0033 (transmission line), USR14-0067 (substation and
transmission line), 1MUSR18-12-0074 (pump station and gas pipeline),
and USR12-0050, MUSR14-0022, USR17-0015 and USR18-0077 (gas
pipelines). Weld County Department of Planning Services staff sent notice
to two (2) surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
Cannon Land, being the underlying property owner, also owns the majority
of adjacent parcels of land. Due to the rural and similar surrounding land
uses and the limited adjacent property ownership, this facility appears to
be compatible with the area. Additionally, this facility, by nature, must be
located immediately adjacent to the existing pipeline.
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 located within both the City of Fort Lupton and Town of Platteville
Coordinated Planning Agreement boundaries. Fort Lupton and Platteville
returned Notice of Inquiry forms dated December 17, 2020, and
December 14, 2020, respectively. Fort Lupton requested the opportunity to
discuss annexation. For reference, the closest Fort Lupton municipal limits
are approximately 2.75 miles to the west. Platteville indicated no concerns
and did not wish to annex the parcel. The site is located within the three (3)
mile municipal referral radius of the City of Fort Lupton and Town of
Platteville. The Fort Lupton referral, dated February 22, 2021, provided
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future right-of-way information; no concerns were identified. Platteville did
not return a referral response.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The proposed facility is not located within a Special Flood Hazard
Area, Municipal Separate Storm Sewer System (MS4) area, Greeley -Weld
County Airport Overlay District, Geologic Hazard Overlay District or Historic
Townsite Overlay District. 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 facility is located on approximately ten (10) acres primary
designated as "Farmlands of Local Importance", with a minor portion
designated as "Not Prime Farmland". The property is not currently irrigated
and the CNG fill station is already existing, therefore, no agricultural land
will be impacted by this USR request.
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. Those
agency referral responses, which contained comments, provide additional
advisory information and conditions regarding designing and operating the
site to protect with 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 Cannon Land Company, c/o Certarus (USA), Ltd., for a
Site Specific Development Plan and Use by Special Review Permit, USR21-0005, for Oil and Gas
Support Service, specifically midstream activities (compressed natural gas (CNG) fill station)
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 submit a complete vacation request letter for Use by
Special Review Permit USR15-0077. The vacation shall be approved by
Resolution of the Board of County Commissioners prior to recording
USR21-0005.
B. The applicant shall address the referral comments of the Weld County
Department of Planning Services - Building Inspection, dated April 27,
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2021. The applicant shall properly permit all unpermitted structures onsite
as detailed in the referral, including any other qualifying improvements that
are not detailed in the referral. Evidence that all structures are permitted
shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The applicant shall acknowledge the advisory referral comments of the
Platteville-Gilcrest Fire Protection District, as stated in the referral response
dated February 2, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant shall acknowledge the advisory referral comments of the
Colorado Division of Water Resources, as stated in the referral response
dated February 4, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
E. The applicant shall acknowledge the advisory referral comments of the
Colorado Department of Public Health and Environment, as stated in the
referral response dated February 5, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
F. The applicant shall acknowledge the advisory referral comments of
Kerr McGee Gathering, LLC, as stated in the referral response dated
February 16, 2021. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
G. The applicant shall acknowledge the advisory referral comments of the
Weld County Oil and Gas Energy Department, as stated in the referral
response dated February 26, 2021. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
H. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted for
the commercial use.
An On -Site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations.
J. An Improvements and Road Maintenance Agreement is required at this
location. Road maintenance includes, but is not limited to, dust control,
damage repair to specified haul routes, and triggered off -site
improvements.
K. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
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L. An updated Traffic Letter, that addresses construction traffic, is required.
M. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0005.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any existing and proposed
structures, skids, work trailers, equipment, conex containers
(limited to two (2), per Section 23-3-30.B of the Weld County Code),
storage areas and miscellaneous improvements.
5) The applicant shall show and label any on -site oil and gas pipeline
infrastructure and appurtenances, including the interconnect to the
pipeline that supplies CNG to the facility.
6) The applicant shall show and label the location of any fencing and
gates. Include specification details on the USR map. Refer to
Section 23-2-240.A.10 of the Weld County Code.
7) The applicant shall show and label the location of any emergency
and site identification signage. Include sign specification details on
the USR map. Refer to Section 23-2-240.A.12, Chapter 23,
Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the
Weld County Code. Signs shall adhere to the Weld County Code
unless otherwise permitted by this USR.
8) The applicant shall show and label the location of the trash
collection areas. Include specification details on the USR map.
Refer to Section 23-2-240.A.13 of the Weld County Code for design
criteria.
9) The applicant shall show and label any on -site lighting. 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.
10) The applicant shall show and label the on -site employee and truck
parking areas with surface type and stall dimensions. Refer to
Section 23-2-240.A.6 and Chapter 23, Article IV, Division I of the
Weld County Code for design criteria.
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11) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-70.E of the Weld County
Code.
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 22 is likely to be an arterial in the City of Fort Lupton
future Transportation Plan, requiring a future right-of-way width of
110 feet (55 feet either side of section line). The applicant shall
show and label anticipated future right-of-way per the City of Fort
Lupton referral, but do not reserve or dedicate the right-of-way.
14) County Road 22 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County.
15) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii.
16) The applicant shall show and label the approved tracking control.
17) 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.
18) 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.
19) The applicant shall show and label the drainage flow arrows.
20) 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
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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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Platteville-Gilcrest
Fire Protection District. The plan shall be reviewed on an annual basis by
the Facility operator, the Fire District and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld
County Department of Planning Services.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wsdilie i v• :ok
Weld County Clerk to the Board
County Attorney
Date of signature: Q7/lW
EXCUSED
Steve oreno, Chair
c." James, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CANNON LAND COMPANY, C/O CERTARUS (USA), LTD.
USR21-0005
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0005, is for
Oil and Gas Support Service, specifically midstream activities (compressed natural gas
(CNG) fill station) 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 will operate 24 hours per day, year round, according to the application
materials.
4. The maximum number of on -site full-time employees at any given time is 20, not including
transitory truck drivers, as requested in the application materials.
5. The existing and proposed fencing shall be maintained.
6. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code or as other permitted by this
USR.
7. 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.
8. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, to the Department of Planning Services, on or before March 15th
of any given year signed by representatives of the Fire District and the Weld County Office
of Emergency Management.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors 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, shall
contain hand sanitizers and be screened from the public right-of-way and neighboring
properties.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
16. All potentially hazardous 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.
17. As applicable, 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. 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 Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
19. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
20. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
21. 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.
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22. 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.
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
24. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in C.R.S. §25-12-103.
25. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
26. 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.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
31. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
34. The historical flow patterns and runoff amounts on the site will be maintained.
35. Weld County is not responsible for the maintenance of on -site drainage related features.
36. 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
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adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Conservation Code, and 2020 National Electrical Code.
37. 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.
38. 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.
39. 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.
40. Chapter 23, Article II, Section 23-2-290.A states: "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 Planning Services may grant an extension of time, for good cause shown, upon
a written request by the landowner."
41. Chapter 23, Article II, Section 23-2-290.B states: "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."
42. Chapter 23, Article II, Section 23-2-290.D states: "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
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(USA), LTD.
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continuing the permit, then the termination becomes final and the Use by Special Review
Permit is vacated."
43. 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.
44. 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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