HomeMy WebLinkAbout20253594 COY\ c c t $ \o kS3
MEMORANDUM
TO: Clerk to the Board
�861
liAirrE12DATE: December 3,2025
_.._ N TY FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
I ' SUBJECT:BOCC Agenda Item—Approve pprove Road Maintenance
During Construction Agreement For:
Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar
68, LLC-USR25-0016
Request to Approve Road Maintenance During Construction Agreement:
The Department of Planning Services received a request from the applicant, Pivot Solar 66,
LLC, Pivot Solar 67, LLC, and Pivot Solar 68, LLC, requesting that the Board of County
Commissioners consider approving the Road Maintenance During Construction Agreement
for(USR25-0016). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above-mentioned original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According
To Policy", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit
Resolution, as signed by the Board of County Commissioners.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
'recommending approval of the Road Maintenance Agreement According To Policy for
USR25-0016, and that this item be placed on the next regularly scheduled BOCC Hearing, as
part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
CO v\Ssa-In's cc•.Pi_(pA/S-rM/KRJIAv) 2025-3594
�a-3�- as 02/06/ G —
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Patricia Buxman,c/o Pivot Solar 66,LLC,Pivot Solar 67,LLC, and Pivot Solar 68,LLC—USR25-0016
THIS AGREEMENT is made this day of Pece,4 C/ 202 5,by and between Patricia Buxman,
14615 County Road 66, Greeley, Colorado 80631, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot
Solar 68,LLC, 1601 Wewatta Street,Suite#700,Denver,Colorado 80202,hereinafter referred to as"Property
Lessee," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150
"0" Street,Greeley,Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS,Property Lessee is the lessee of the following described property in the County of Weld,
Colorado:
Lot B of Corrected Recorded Exemption, CORR
RE-4576; being part of the SE1/4 of Section 21,
Township 6 North,Range 66 West of the 6th P.M.,Weld
County,Colorado
hereinafter referred to as"the Property,"and
WHEREAS,Property Lessee has received the Board of County Commissioners conditional approval
of USR25-0016, and
WHEREAS, the Property Lessee facility will generate additional vehicles and heavy traffic directly
associated with USR25-0016,for an extended period of time; and
WHEREAS, the County, and Property Lessee are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additional traffic.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise, covenant and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. HauUTravel Routes: The Property Lessee shall be financially responsible for its proportional share
8 of the associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as hauUtravel routes for the Property:
U
0 m 2 1)East and west along County Road 66 between approved site access and Greeley City Limits.
w � 2.0 Haul trucks shall enter and exit the site at the approved access(es) on County Road 66 and travel
ty
o LLal L o- east-west to the nearest paved road for further dispersal. Any County roads used by traffic associated with
z USR25-0016 may become part of the established hauUtravel routes.
w a`- 3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle and
IL ol m axle configurations unless overweight permits have been applied for and granted.
N
tOmW
N Y Patricia Buxman,c/o Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
or.". Page 1 of 7
173
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above-mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
roads whenever possible. A deviation from the established haul/travel route lasting more than six (6)months
or requests for one (1) or more deviations within a 12-month period shall authorize the County to change the
haul/travel routes designated herein and provide notice to the Property Lessee.
5.0 Haul Route Signage. Property Lessee shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement,no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
C. Maintenance Requirements:
1.0 Off-Site Dust Control/Abatement. The Property Lessee is required to provide dust abatement along
affected haul route roads,as determined by the County. County will determine the proportionate share of dust
control to be paid by Property Lessee. The amount and extent of dust control measures will be determined by
site-specific conditions at the time, as determined exclusively by County personnel. The County reserves the
right to install traffic counters on the driveway(s)of the Property Lessee's facility. The County will have sole
responsibility for determination of the percentage of haul route traffic on all affected roads.
2.0 Obligation to Maintain Current and Future Haul Routes. Property Lessee will be fmancially
responsible for the excavation,repair,and patching of any damage on current or future haul route roads,which
in the sole opinion of County has been created by vehicle traffic to and from the Property. Should Property
Lessee's site activities or vehicle circulation patterns change in the future so that County approves an alternate
haul route, and all or a significant portion of Property Lessee's sourced traffic no longer utilizes the
above-described haul route and instead utilizes other portions of County roads,Property Lessee shall cooperate
with County in maintenance of said roads which are included within the new haul route. The type and method
of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48
hours of notification by the County for any roadway damage that exposes the driving public to adverse or
unsafe driving conditions.All other repairs shall commence within thirty(30)days of receipt of Weld County's
written notice.
2.1 Need for Immediate Repairs. In the event of damage to an Approved Haul Route by Project traffic
that causes an immediate threat to public health and safety or renders the road impassible
M ("Significant Damage"),County shall,after inspection,notify Property Lessee of such Significant
i Damage. Property Lessee shall identify the repair required and shall consult with County on the
8 extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within
twenty-four (24) hours after receipt of such notice and shall commence such repair within
forty-eight (48) hours after receipt of such notice. If Property Lessee identifies Significant
Damage prior to receiving notice thereof from County,Property Lessee may commence repair of
m a IN7 such Significant Damage and shall concurrently notify County of the extent, type, timing,
r m 3 materials and quality of repair(i.e.temporary versus permanent).
c v� , 2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property
w�o
Lessee's payment for its Proportionate Share of the road repairs/improvements will be calculated
• as described in this Agreement.
a m 3.0 Proportionate Share of Road Maintenance Responsibilities:
U
IOyM
N a-
coC
N o Patricia Buxman,c/o Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
mmai Page 2 of 7
in&II
3.1 Property Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs,or maintenance of any particular Haul Route Road.Property Lessee's Proportionate Share
shall be based upon the percentage of traffic on the road that is attributable to Property Lessee's
facility. County personnel will determine the percentage based on then current Equivalent Single
Axle Load(ESAL)Counts.Property Lessee shall not be responsible for traffic that is not sourced
from Property Lessee's facility.
3.2 The County shall notify Property Lessee of County's preliminary determination and assessment
of Property Lessee's proportionate share of costs. Prior to County's fmal determination and
assessment, County shall provide Property Lessee with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider Property Lessee's input prior to making a final determination
and assessment. The County shall have sole responsibility for determination of Property Lessee's
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits:Property Lessee is required to apply for and receive all permits required by the County or any
other applicable local, State,or federal permit,including but not limited to:
1.Access Permits.Property Lessee shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Planning Services. Planning Services may
condition the issuance of an updated access permit on the amendment of this Agreement if the updated
access permit authorizes the use of an additional access point, or if there is a change in use of the
current access point,as permitted by Article XIV of Chapter 8 of the Weld County Code.
2. Right-of-Way (ROW)Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.No
work shall occur without said ROW permit.
3.Transport Permits.Per Article XV of Chapter 8 of the Weld County Code,a Weld County Transport
Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and
movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
_ 2.0 Liability for Damage to Road.Property Lessee shall be financially responsible for any and all damage
caused to any Weld County Road as a result'of the design and construction of the site-specific Use associated
with USR25-0016, without regard to the negligence, or lack thereof, of Property Lessee or its agents. This
provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
oz. B. Violations of Agreement and Remedies" 1.0 Violation of Terms of Agreement.If in County's reasonable opinion,Property Lessee has violated any
®3 of the terms of this Agreement, County shall notify Property Lessee and shall state with specificity the facts
- - and circumstances which County believes constitute the violation.Property Lessee shall have thirty(30)days
-�� _ within which to either cure the violation or demonstrate compliance.Thereafter,County may seek any remedy
o
u m described in this Agreement or otherwise provided by law.
to Q ro 2.0 Termination of Agreement: This Agreement shall terminate upon the earliest of the following events:
—
m al-rim
O.mm�
U Z
H `
10
ca m a d Patricia Buxman,do Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
�� Page 3 of 7
:1nmvM1
2.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Lessee's complete cessation of all activities permitted by the USR.A partial cessation of
activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Property Lessee of
cessation of activities, and verified by the County, cessation shall be presumed if the County
determines that the USR has been inactive for three(3)years.
2.2 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Property Lessee or Operator who has
purchased the Property or has assumed the operation of the business permitted by the USR and
intends to make use of the rights and privileges available to it through the then existing USR.
2.3 Revocation of USR. This Agreement shall terminate following County's revocation of Property
Lessee's USR, except that the Property Lessee shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement.
2.4 Completion of Construction. This Agreement shall terminate following Property Lessee's
completion of construction of the facilities authorized by the underlying USR. Property Lessee
shall notify the County of completion.
3.0 Revocation of USR. Property Lessee acknowledges that failure to comply with the material terms of
• this Agreement constitutes cause to revoke the USR,and County may exercise this option in its sole reasonable
discretion by proceeding with revocation under the then current provisions of the Weld County Code.
4.0 Court action.Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 1.0 Successors and Assigns.
1.1 Property Lessee may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld by County. In such case, Property Lessee's release of its obligations shall
be accomplished by County's execution of a new Improvements Agreement with the successor lessee
of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
o assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
0-IN
_ 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
o! unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of the
8 parties.
•
• v to,—II. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
°°LL t•A waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
▪ g Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
atmY 4.0 No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
a mU and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved
cv m a Patricia Buxman,c/o Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
coNY�~ Page4of7
mm>.
�mv�
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee.
7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or
Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Lessee,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability. Property Lessee shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and
description caused by, arising from, or on account of the design and construction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above,together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the County or its officers,agents,employees,or otherwise except for the liability,loss,or damage
arising from the intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability insurance
coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
p
U
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such party's obligations
-a__ hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such
a3 M party and enforceable in accordance with its terms.If requested by the County,Property Lessee shall provide
v the County with proof of Property Lessee's authority to enter into this Agreement within five (5) days of
4.44
receiving such request.
go
12.0 Acknowledgment. County and Property Lessee acknowledge that each has read this Agreement,
�aII; understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
am attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
ION
N .t
ma
Patricia Buxman,do Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
Page 5 of 7
_
Inmo
and supersedes all proposals or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement,for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit,the provisions of the Board's Resolution shall control.In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
I
a
o J
o
� y i
U Ezi
m
-3�
fa L ola m
ia
lL O
10 a v
re
Nc2
gia10 CO
ro
n-Gto
N()
E°y�
N
N®a Patricia Buxman,c/o Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC—USR25-0016—RMCA25-0021
toga Page 6 of 7
PROPERTY LESSEE:PIVOT SOLAR 66,LLC,PIVOT SOLAR 67,LLC, and PIVOT SOLAR 68,LLC A
By: L Date 12- l 2- 2 g
Name: 7-01-to.
Title:_Authorized Representative __�
KYLE HOCKSTAD
NOTARY PUBLIC-STATE OF COLORADO
STATE OF COLORADO NOTARY ID 20234037487
SS. ( MY COMMISSION EXPIRES OCT 3,2027
County of Denver )
The foregoing instrument was acknowledged before me this 2- day of pece -- ,
2025 ,by
WITNESS my hand and official seal.
Notary Pu c
WELD COUNTY:
ATTEST: girlF BOARD OF COUNTY COMMISSIONERS
Weld Co ty Clerk tto the
afra-a,50
Board WELD COUNTY,COLORADO
BY: u' c,a�'vli(�L
Deputy C erk to the Board Perry L.B ck,Chair EC, 3 1 2025
•
1,16
861 ` a
ha
O
U
C �
O
U
•
•3-
OIO
Nm�
Qa
IO:;;;E -
N p
CM Patricia Buxman,do Pivot Solar 66,LLC,Pivot Solar 67,LLC,and Pivot Solar 68,LLC-USR25-0016-RMCA25-0021
toga Page 7 of 7
O N�
�gg. 7_01,5-35c9
Contract or
Entity Information
Entity Name* Entity ID* ❑New Entity?
PIVOT SOLAR LLC @00047392
Contract Name* Contract ID - Parent Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION 10153 Requires Board Approval
AGREEMENT USR25-0016 PATRICIA BUXMAN C/O
PIVOT SOLAR 66, LLC PIVOT SOLAR 67, LLC, AND Contract Lead* YES
PIVOT SOLAR 68, LLC JTRUJILLOMARTINEZ
Department Project#
Contract Status Contract Lead Email
CTB REVIEW jtrujillomartinez@weld.go
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT USR25-0016 PATRICIA BUXMAN C/O PIVOT SOLAR
66, LLC PIVOT SOLAR 67, LLC, AND PIVOT SOLAR 68, LLC NO COLLATERAL NEEDED
•i 1
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/13/2025
12/17/2025
Amount* Department Email •
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
• CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/17/2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/17/2027
Contact Information
,
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 •
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
' ': 12/23/2025 12/23/2025 12/23/2025
Final Approval
BOCC Approved Tyler Ref#
AG123125
BOCC Signed Date
4 '
Originator
BOCC Agenda Date JTRUJILLOMARTINEZ
•
Resolution
Approve Use by Special Review Permit, USR25-0016, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and
Pivot Solar 68, 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 5th day of
November, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Patricia Buxman, 14615 County Road 66, Greeley, Colorado
80631, do Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68, LLC,
1601;Wewatta Street, Suite #700, Denver, Colorado 80202, for Use by Special Review
Permit,. USR25-0016, 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 Corrected Recorded Exemption, CORR RE-4576; being part of the
SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Whereas; at said hearing, the applicant was present and represented Kyle Sundman and
Kyle Hockstad, Pivot Energy, 1601 Wewatta Street, Suite#700, 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 neutral recommendation of
the Weld County Planning Commission (three [3] in support, three [3] opposed, and
three [3]absent), 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.
•
cc:QL(OE/mwtofk Av/KR),cmicml 2025-2922
A5R06), APPL.., APPL. REP. PL2977
t2 fi /25
Use by Special Review.Permit, USR25-0016— Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 2
1) Section 22-2-10.0 states: "Promoting Economic Growth and Stability. Land
use policies have a significant impact on economic conditions in the County
and should be structured to encourage economic prosperity. To ensure the
continued strength of Weld County's economy, land use processes and
decisions based on the [Comprehensive Plan] shall be consistent and
promote financially responsible growth." This is a proposed nine (9)
megawatt Solar Energy Facility (SEF) that will encompass approximately
36 acres of an approximately 56-acre site. This SEF will initially provide
construction jobs and future energy production to Weld County. These
functions directly support economic prosperity. This SEF, being a power-
generating facility, will add variety, stability, and redundancy to the existing
electrical grid. Traditional energy resources are tied to commodity markets
and can vary in demand and output. This facility can complement and
,support the economy during times of fluctuating oil and gas activity.
2) Section 22-2-30.0 - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is
an unmanned energy development facility.There is one (1) residence within
500 feet of the disturbed area, which is owned by the same owner of the
parcel the SEF will be on. The closest neighboring residence is located
approximately 520 feet from the SEF on the southeastern side, of the
proposed disturbed area.
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."
2) Section 23-3-40.GG — Uses by Special Review,of the Weld County Code
include, "Solar Energy Facilities (SEFs), being more than five (5) acres in
size, but less than 160 acres, in the Near/Urban Area, as shown on
• Appendix 21-B, or being more than five (5) acres, but less than 320 acres,
in the Agricultural/Rural Area, as shown on Appendix 21-B." This code
section allows the applicant to apply for the subject SEF, being located
in the Near-Urban Area, as shown by map in Appendix 21-B. Per
2025-2922
PL2977
' I
Use by Special Review Permit, USR25-0016— Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 3
Section 23-1-90 of the Weld County Code, the SEF will encumber
approximately 36 acres and qualifies as a SEF USR. As stated in this
Section of'the Weld County Code, the Agricultural Zone District is intended
to be used for energy development. This SEF may also include two (2)
40-foot Conex (cargo) containers, per parcel, during construction. Cargo
containers are allowed as an Accessory Use, per Section 23-3-30.B of the
Weld County Code.
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties to the
north, west, and south are located in unincorporated Weld County and are
zoned A (Agricultural) and the properties to the east are within the City of
Greeley and zoned as Residential, Estate and Industrial Low Intensity. The
surrounding land uses include residences, agricultural uses. There are no
residences within 500 feet of the project, except for the residence of the
owner of the subject property. There are seven (7) Use by Special Review
Permits (USRs) within one (1) mile of the site. To the west of the subject
property are five (5) USRs: one (1) feedlot for 100 cattle (SUP-175);
excavation equipment shop (USR-1417); feed sales, farm equipment sales
repair, and installation (USR-843); kennel for 140 dogs and 20 cats
(3MUSR19-85-685); and a child daycare center (USR-1698). To the south
of the subject property there are two (2) USRs: one (1) for a natural gas
facility (USR-59.8); and a sprinkler system business (USR-491).
Weld County Department of Planning Services staff sent notice to 12
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. No written or telephone correspondence in opposition or support
of the project 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.Ba4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
is located within a three (3) mile referral area of the City of Greeley, and
within an. Intergovernmental Agreement (IGA) area of the Town of
Severance. The site is located within the Coordinated Planning Agreement
(CPA) area for the Town of Severance. As part of the application process,
the Town of Severance was sent a Notice of Inquiry (NOI). They submitted
a NOI, dated June 23, 2025, which indicated they had no comment.
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 4
According to the Town of Severance's Future Land Use Map, this property
is not located within the projected growth boundary of the Town, as the
property is located south of State Highway 392.
The City of Greeley submitted advisory comments in their referral dated
August 8, 2025, explaining the site is within Greeley's Long Range
Expected Growth Area, listing the property as an "urban reserve," and that
Greeley allows solar in any zone district. The City of Greeley recommended
the maximum screening for adjacent residential properties and "potential
residential development"that may develop around the property. In the Town
of Severance's referral, dated July 15, 2025, they indicated they have
reviewed the request and find no conflicts with their interests.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 22 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the county.
The property is not located in any overlay district officially adopted by the
County, including the A-P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, Special Flood Hazard Area, Historic •
Townsites Overlay District, Agricultural Heritage Overlay District or MS4 -
Municipal Separate Storm Sewer System area. Building Permits issued on
the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. , Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated the site consists of 49 acres of low-slope (1-3%) Kim loam soils
and seven (7) acres of low slope (1-3%) of Olney fine sandy loam. The SEF
facility will be located on 36.2 acres of Kim loam soils, which is designated
as "Prime farmland if irrigated," and on 1.4 acres of Olney fine sandy loam
soils, which is designated as "Prime farmland if irrigated and the product
of 1 (soil erodibility) x C (climate factor) does not exceed 60". The proposed
use is temporary, and soils will not be unduly removed from the property.
After the lease period, the land can be returned to historic uses. Currently,
the land is farmed and irrigated.According to the application materials, Pivot
Energy will apply broadleaf herbicide to revegetate the disturbed area. The
use of a drought tolerant mix of native grasses will be used with either a
hydro-seed or hydro-mulch. Mowing or the use of grazing livestock will be
used to mitigate overgrowth and weed management will be monitored and
treated with herbicide when necessary.
2025-2922
PL2977
Use by Special Review Permit, USR25-0016- Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 5
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and. it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67,
LLC, and Pivot Solar 68, LLC,for.Use by Special Review Permit, USR25-0016, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the parcel of land described above, be, and hereby is, granted subject
to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement for 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.
B. If water is utilized for dust abatement or during the operation of the SEF, the
applicant shall provide a legal source of water for these uses. Per the
referral comments from the Colorado Division of Water Resources, dated
September 15, 2025, Well Permit No. 34392, may not be used for dust
control or irrigation associated with the Solar Energy Facility.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0016.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030.C.3 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.
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 6
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines, structures,
temporary work trailers, storage containers (limited to two [2], per
Section 23-3-30.B of the Weld County Code), storage areas and
miscellaneous improvements, as applicable. Clearly indicate which
equipment and structures are temporary for use during construction
and which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and IabeTthe location of the temporary 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) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, for example, part of
any executed Surface Use Agreement.
9) 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.
10) County Road 66 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with its
creating document) and the physical location of the road on the USR
map. All setbacks shall be measured from the edge of the right-of-
way. This road is maintained by Weld County.
11) The applicant shall show and label the approved tracking control.
12) 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.
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC; and Pivot Solar 68, LLC
Page 7
13) The applicant shall show and label drainage flow arrows.
• 14) The applicant shall show and label the project access onto
County Road 66 at the permitted,location, approximately 1,965 feet
west of County Road 31.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a$50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code,.for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to 'include the approved security
information.
B. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
C. The approved access and tracking control shall be constructed.
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 8
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be required.
E. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
F. The applicant shall submit the Interconnection Agreement.
Use by Special Review Permit
Development Standards
Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
USR25-0016
1. Use by Special Review Permit, USR25-0016, 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 Use by Special Review Permit shall be valid for three (3) years from the date
of approval. If the site is not selected for being a participant in any community solar
program the permit shall expire on the anniversary date of Board of County
Commissioners' approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
6. 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.
7. 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.
8. Setbacks. The Improved Area of the SEF shall conform to the setback
requirements of the underlying zone. Additionally, the improved area must be at
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 9
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.
9. The existing and proposed landscaping and screening on the site shall be
maintained in accordance with the approved Landscape and Screening Plan.
Required landscaping and screening shall be installed within one (1) calendar year
of issuance of a Building Permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality, at the earliest possible time.
10. 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.
11. Underground cables. All electrical cables on the improved area shall be buried,
except for direct current string wires that connect between solar collectors, and
direct current collection circuits between rows of solar arrays that are no more than
four(4) feet above grade crossings, substations, switchyards, and circuit voltages
greater than 34.5 kilovolts (where necessary), per Section 23-4-1030.C.5 of the
Weld County Code, as amended.
12. Fencing..The SEF shall be enclosed with a security fence, as approved, pursuant
to the Fencing Plan, shown hereon.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.
13. Stormwater management. The Operator of the SEF shall comply with the approved
Final Drainage Report and the required Storm Drainage Criteria pursuant
to Chapter 8, Article XI of the Weld County Code. Ground-mounted solar collector
systems shall be exempt from impervious surface calculations if the soil under the
collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS), per Section 23-4-1030.C.7 of the Weld County
Code, as amended.
14. Access Permit. Prior to construction of the SEF, the applicant shall apply for and
obtain an approved Access Permit from the Weld County Department of Planning
2025-2922
PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 10
Services, pursuant to the provisions of Article XIV of Chapter 8 of the Weld County
Code, per Section 23-4-1030.C.8 of the Weld County Code, as amended.
15. 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.
16. 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 and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
17. The site shall be maintained in accordance with the accepted Property
Maintenance Plan.
18. All signs shall adhere to Chapter 23,Article IV, Division 2 of the Weld County Code.
19. The property owner shall maintain compliance with the Decommissioning Plan.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
22. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
23. 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.
24. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
25. The historical flow patterns and runoff amounts will be maintained on the site.
26. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Faciljties 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.
2025-2922
• PL2977
Use by Special Review Permit, USR25-0016— Patricia Buxman, c/o Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 11
27. 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.
28. 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.
29. Fugitive dust and,fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
32. Building Permits may be required for any new construction, set up of manufactured
structures,or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. 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 Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required.A Building Permit must be issued prior to the start of construction.
33. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
34. All buildings shall comply with the setback from oil and gas wells per
Section 23-4-700, as amended.
35. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code..
2025-2922
PL2977
• V
Use by Special Review Permit, USR25-0016—Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 12
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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
2025-2922
PL2977
Use by Special Review Permit, USR25-0016- Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 13
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County,Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 5th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tern: Aye •
Jason S. Maxey: Aye I
Lynette Peppier: Aye :� "
Kevin D. Ross: Aye %
♦'0 .\W
Approved as to Form: •, ri/
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2922
PL2977
Hello