HomeMy WebLinkAbout20252924.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
COUNTY, CO
Planner: Matthew VanEyll
Case Number: USR25-0016
Owner: Patricia Buxman
14615 County Road 66, Greeley, CO 80631
Hearing Date: November 5, 2025
Representative: Pivot Energy Development LLC c/o Kyle Hockstad and Kyle Sundman
1601 Wewatta St, Suite #700, Denver, CO 80202
Request: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption Correction RE -4576, being a part of the SE4 of Section 21,
Description: Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Location:
Acreage:
North of and adjacent to County Road 66; approximately a quarter (1/4) mile west of
County Road 31
Parcel Boundary: +/- 56.34 acres Parcel No. 0805-21-4-00-059
Solar Energy Facility (SEF) +/- 36 acres
The criteria for review of this Use by Special Review are listed in Section 23-2-220 and Section 23-4-1030
of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
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City of Greeley, referral dated August 8, 2025
Colorado Parks and Wildlife, Referral dated August 15, 2025
Public Service Company of Colorado, referral dated August 4, 2025
Weld County Oil and Gas Energy Development, referral dated August 15, 2025
Colorado Division of Water Resources, referral dated September 15, 2025
Weld County Department of Planning Services — Development Review, referral dated August 29, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
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•:•
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Town of Severance, referral dated July 16, 2025
West Greeley Conservation District, August 18, 2025
Weld County Sheriffs Office, referral dated July 11, 2025
Eaton Fire Protection Services, referral dated July 14, 2025
Weld County School District RE -2, referral dated July 14, 2025
North Weld County Water Conservancy District, referral dated July 21, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ PDC Energy ❖ DCP Midstream
❖ Noble Energy ❖ North Colorado Water Association
USR25-0016 — Pivot Energy
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4• North Weld County Water District
USR25-0016 — Pivot Energy
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CASE SUMMARY:
The applicant, Pivot Energy Development LLC, is proposing to construct a nine (9) megawatt Solar Energy
Facility (SEF) on approximately thirty-six (36) acres of an approximately fifty-six (56) acre site. The
proposed project will consist of 19,000 solar panels and used for agrivoltaics. Interconnectivity will be
provided to Xcel Energy, Inc. The maximum height of the solar panels will not exceed twenty-five (25) feet
in height as measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation.
During construction there will be a crew of about forty (40) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 6:00 p.m. Any debris, junk, or wastes associated
with construction of the project will be removed and disposed of properly prior to completion. No waste will
be produced once the array is producing energy. There will be a maximum of two (2) Conex (cargo)
containers during construction. There will not be any night construction or night lighting. The lifespan of the
project is twenty (20) to forty (40) years.
The applicant will have preventative maintenance and inspections conducted periodically when needed, as
determined by the twenty-four (24) hour, seven (7) days a week monitoring and operation. Operations and
maintenance employees will be on site up to eight (8) times per year during the operation of the SEF, up to
four (4) hours per day. An accepted native -seed mixture will be planted on all disturbed areas and will not
require irrigation once established. There are no residences within five hundred (500) feet of the proposed
disturbed area, except for the property owner's residence.
As no employees will be permanently located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust
mitigation plan was submitted which indicates methods, such as water trucks, stone, mulch, and wind
breaks will be used as necessary, and the site will be revegetated. A noise narrative was submitted which
indicates that the site will not exceed a noise level of 55 dB(A) during daylight hours and 50 dB(A) during
nighttime hours, meeting the nonspecified area of Weld County Code. A decommissioning plan was
submitted with the application materials and is currently under review.
The Department of Oil and Gas Energy Development's (OGED) referral comments and condition of
approval have been satisfied as the applicant provided the requested information, as confirmed by OGED
to the Department of Planning Services on September 11, 2025. The referral comments from Colorado
Department of Parks and Wildlife, City of Greeley, and Public Service Company of Colorado were
acknowledged by the applicant on September 10th, 2025, in a document provided to the Department of
Planning Services. The referral comments from the Division of Water Resources were acknowledged by
the applicant on September 29th, 2025, in a document provided to the Department of Planning Services.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10. C of the Weld County Code states: "Promoting Economic Growth and Stability.
Land use policies have a significant impact economic conditions in the County and should be
structured to encourage economic prosperity. To ensure the continued strength of Weld County's
economy, land use processes and decisions based on the [Comprehensive Plan] shall be
consistent and promote financially responsible growth."
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This is a proposed nine (9) megawatt Solar Energy Facility (SEF) that will encompass
approximately thirty-six (36) acres of an approximately fifty-six (56) acre site. This SEF will initially
provide construction jobs and future energy production to Weld County. These functions directly
support economic prosperity. This Solar Energy Facility, being a power -generating facility, will add
variety, stability, and redundancy to the existing electrical grid. Traditional energy resources are
tied to commodity markets and can vary in demand and output. This facility can complement and
support the economy during times of fluctuating oil and gas activity.
Section 22-2-30. C. - 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 residence within five hundred (500) feet of the disturbed area,
which is the owner of the parcel the SEF will be on. The closest neighboring residence is located
approximately five -hundred and twenty (520) feet from the solar energy facility on the southeastern
side of the proposed disturbed area.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code 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."
Section 23-3-40.GG. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres
in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located
in the Near -Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld
County Code the SEF will encumber approximately thirty-six (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 to 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 23-2-220.A.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, and a Special Use Permit (SUP -175) for feed lot for 100 head of
cattle. There are no residences within 500 feet of the project, except for the residence of the owner
of this property.
There are six (6) Use by Special Reviews (USRs) within one (1) mile of the site. To the west of the
subject property are four (4) USRs: one (1) for a feed lot 100 Cattle (SUP -175), excavation
equipment shop (USR-1417), feed sales, farm equipment sales repair, and installation (USR-843),
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kennel 140 dogs, 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-598) and a
sprinkler system business (USR-491).
Weld County Department of Planning Services staff sent notice to twelve (12) surrounding property
owners 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 Development Standards,
and the Conditions of Approval 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 23-2-220.A.4 -- That the uses which would 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 area of the Town of Severance. The site is located within the
Coordinated Planning Agreement Area (CPA) for the Town of Severance. As part of the application
process, the municipality was sent a Notice of Inquiry (NOI). The Town of Severance submitted a
Notice of Inquiry dated June 23, 2025, which indicated that the Town has no comment. 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
that 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 recommends the
maximum screening for adjacent residential properties and "potential residential development" that
may develop around this property. In the Town of Severance's referral, dated July 15, 2025, the
town indicated they have reviewed the request and find no conflicts with their interests.
E. Section 23-2-220.A.5 -- That 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 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 Program, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-220.A.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 indicates that site consists of
forty-nine (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 thirty-six and two tenths (36.2) acres
of Kim loam soils which are designated as "Prime farmland if irrigated" and on one and four tenths
(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.
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According to the applicant 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.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 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 that 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
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. (Development Review)
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 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. (Department of Planning
Services)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0016. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5) 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. (Department of
Planning Services)
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6) 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. (Department of Planning Services)
7) Show and label the 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. (Department of Planning Services)
8) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
9) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
10) County Road 66 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires eighty (80) feet of right-of-way at full
buildout. The applicant shall delineate and label on the USR map the future and existing
right-of-way (along with its creating document) 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. (Development Review)
11) Show and label the approved tracking control. (Development Review)
12) 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 thirty-five (35) feet. (Development
Review)
13) Show and label drainage flow arrows. (Development Review)
14) Show and label the project access onto CR 66 at the permitted location, approximately
1,965 feet west of CR 31. (Development Review)
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 one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (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. (Department of Planning Services)
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.
(Department of Planning Services)
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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. (Department
of Planning Services)
B. The applicant shall submit an ALTA survey that identifies all subsurface utilities. (Department
of Oil and Gas Energy Development)
C. The approved access and tracking control shall be constructed. (Development Review)
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired.
(Development Review)
E. Overweight and/or oversized special transport permits from the Department of Public Works
shall be acquired for all applicable trucks. (Development Review)
F. The applicant shall submit the Interconnection Agreement. (Department of Planning Services)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pivot Energy Development LLC
USR25-001 6
1. A 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
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. (Department of
Planning Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (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. (Department of
Planning Services)
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. (Department of Planning
Services)
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 least five hundred (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. (Department of Planning Services)
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. (Department of
Planning Services)
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. (Department of Planning Services)
11. Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
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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. (Department of Planning Services)
12. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of
the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere
to the adopted Weld County Sign Code, as amended. (Department of Planning Services)
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 this Code.
Ground -mounted solar collector systems shall be exempt from impervious surface calculations if
the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
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 Services, pursuant to the provisions
of Article XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as
amended. (Department of Planning Services)
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. (Department of Planning Services)
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/reclamation
activities within ninety (90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation. (Department of Planning Services)
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department
of Planning Services)
19. 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. (Department of Planning
Services)
20. The property owner shall maintain compliance with the Decommissioning Plan. (Department of
Planning Services)
21. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
22. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
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24. 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. (Development Review)
25. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
26. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
27. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Planning Services)
28. 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, 30-20-100.5, C.R.S. (Department of Planning Services)
29. During construction, waste materials shall be handled, stored, and disposed 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 1 of the Weld County
Code. (Department of Planning Services)
30. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Planning Services)
31. 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. (Department of Planning Services)
32. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Planning Services)
33. 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 has 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 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
(Department of Planning Services)
35. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
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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. 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. 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. In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated.
USR25-0016 — Pivot Energy
Page 12 of 12
861 /
September 8, 2025
COUNTY, CO
DEPARTMENT OF PLANNING
SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mvaneyll@weld.gov
Phone: (970) 400-3556
Fax: (970) 304-6498
Subject: USR25-0016 - A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 7, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 05,
2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Matthew VnEyll
Planner
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