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Home My WebLink About20252066.tiffResolution Approve Request to Extend Time to Record Map for Use by Special Review Permit, USR24-0010 - Sunlight Farm, LLC, c/o Pivot Solar 59, 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, on the 21st day of August, 2024, the Board of County Commissioners of Weld County, Colorado, approved the application of Sunlight Farm, LLC, P.O. Box 850, Johnstown, Colorado 80534, do Pivot Solar 59, LLC, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for Use by Special Review Permit, USR24-0010, 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: Part of the SE1/4 of Section 11, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Whereas, Section 23-2-200.H of the Weld County Code states, "The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded 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. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)", and Whereas, the Department of Planning Services received a request from Pivot Solar 59, LLC, by letter dated July 3, 2025, seeking an extension until October 17, 2025, to complete the Conditions of Approval and record the map for USR24-0010, in the records of the Weld County Clerk and Recorder, and staff set the matter to be considered by the Board of County Commissioners of Weld County, Colorado, on July 21, 2025, and cc :PL(DE/M/J /DA /LEA /C.G),cA(KN', A5 R (so). AP PL og/ty/25 2025-2066 PL2922 Extend Time to Record Map for Use by Special Review Permit, USR24-0010 - Sunlight Farm, LLC, do Pivot Solar 59, LLC Page 2 Whereas, the Board heard all of the testimony and statements of those present, studied the information presented by the applicant, and recommendation of the Weld County Department of Planning Services, and having been fully informed, deems it advisable to grant the extension request until October 17, 2025. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Sunlight Farm, LLC, do Pivot Solar 59, LLC, for an extension of time to complete the Conditions of Approval and record the map for Use by Special Review Permit, USR24-0010, be, and hereby is, approved, with said extension granted until October 17, 2025. 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 21st day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-2066 PL2922 MEMORANDUM TO: DATE: FROM: SUBJECT: Board of County Commissioners July 10, 2025 Chris Gathman, Department of Planning Services USR24-0010 Extension request Bradley Thomas with Pivot Solar submitted an extension request for USR24-0010, Pivot Solar 59 LLC. The applicant is requesting an extension date of October 17, 2025. The extension request states: "Pivot was waiting on Xcel for final project sizing before executing to ensure the recorded USR accurately reflects the the project size and layout" USR24-0010 was approved by the Board of County Commissioners on August 21, 2024 fora 27 acre Solar Energy Facility (SEF). The size of the parcel is 32.26 acres. Per Section 23-2-200.H: The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded 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. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). The Department of Planning Services is in support of this extension. 2025-2066 ZI �LZ�ZZ Extension Rea uest Department of Planning Services 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632 www.weld.gov 1 (970) 400-6100 I Fax (970) 304-6498 The Weld County Code contains certain timeframes that developments must meet. Please refer to the Weld County Code, accessible online from the link under Useful Links on the County website: www.weld.gov. See attached for excerpted sections. An extension of time may requested by submitting this form. Please complete this page and email it to the planner you have been working with. The form may also be faxed to the number above or mailed or delivered to the address above. Your name: Kyle Sundman Planner on case: Chris Gathman Phone: 719.233.4322 Email: ksundman@pivotenergy.net Case number: USR24-0010 Date case conditionally approved: 08/21/24 Number of Previous Extension Requests: 1 Extension date requested: 1 0/1 7/25 Reason for request: We are still waiting on Xcel to complete its interconnection studies in order to determine the final size of the site. We would like to wait to record the map until this is formalized. Similar to the last request, the site will not increase in size, but could decrease. Thank you. Type of extension (check one): X Plat/map recording deadline extension Construction commencement deadline extension Other I (We) acknowledge the County will charge an additional $50.00 for every three-month period beyond the original deadline to record the map or plat per the Fee Schedule in Appendix 5-J of the County code. 07/03/25 Signature Kyle Sundman Date Signature Date Print Print For Planning Department Use: An extension is hereby granted for the case and date listed above. An extension is hereby granted for the case listed above but until The requested extension is denied for the following reason(s): The requested extension will be forwarded to the Board of County Commissioners for its decision at its regular 9:00 a.m. meeting on . Please be sure to attend the meeting. Director of Planning Services 02/24 1 Selected County Requirements Change of Zone plat recording: Sec. 23-2-50.F: Upon approval, the applicant shall submit the plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners. the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. Site Plan Review construction commencement: Sec. 23-2-170.B: Construction of improvements pursuant to approval of a Site Plan Review shall be commenced. and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty (30) days following n otice to the applicant. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days. for good cause shown, upon a written request by the landowner Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. Site Plan Review map recording: Sec. 23-2-175.B: Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. The Director of Planning Services may grant an extension, for good cause shown. upon a written request by the applicant. If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services, the Site Plan Review approval shall be terminated. U se by Special Review (USR) map recording: Sec. 23-2-200 H: The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260. D of this Article. The map shall be recorded 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. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners. the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). U SR construction commencement: Sec. 23-2-290.A: 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, u pon a written request by the landowner. U SR for major facility of public utility (non -1041) map recording: Sec. 23-2-380 E: Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within o ne hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission.. the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Planning Commission may, after a public hearing. revoke the Use by Special Review (USR). 02/24 2 Selected County Code requirements, continued USR for major facility of public utility, utility line (non -1041) map recording: Sec. 23-2-390.E: Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). USR for domestic water pipeline map recording: Sec. 23 2-440.F: The applicant shall submit one (1) paper or electronic copy of the map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, 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 County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article. The Mylar map and additional requirements shall be recorded 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. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). Zoning Permits for Certain Uses in the Agricultural Zone District (ZPAGs) map recording: Sec. 23-4 1200.C: If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners. which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown. upon a written request by the applicant. Before this extension has expired. the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. ZPAG construction commencement: Sec. 23-4-1240.E: Construction or USE pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Services for good cause shown by written request. Before this extension has expired. the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Minor Subdivision plat recording: Sec. 24-3-70: If a final plat has not been recorded within one (1) year of the date of the approval of the minor subdivision final plat or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the minor subdivision final plat has not been abandoned and that the applicant possesses the willingness and ability to record the final plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the final plat cannot be met, the Board may. after a public hearing, revoke the minor subdivision final plat. 02/24 3 Selected County Code Requirements, continued Minor Subdivision construction commencement: Sec. 24-3-80: If no construction has begun or no use established in the minor subdivision within three (3) years of the date of the approval of the minor subdivision final plan. the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the final plat has not been abandoned and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of County Commissioners may extend the date for initiation of the minor subdivision construction and shall annually require the applicant to demonstrate that the minor subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the minor subdivision final plat have changed or that the landowner cannot implement the minor subdivision final plat, the Board may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision vacated. Resubdivision plat recording: Sec. 24-5-40: The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a resubdivision plat has not been recorded within sixty (60) days from the date of the Board of County Commissioners resolution. or within a date specified by the Board of County Commissioners, the Board may require the applicant to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the resubdivision plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision. Exemption plat recording: Sec. 24-8-60: An exemption plat shall be prepared after an application is approved and all conditions of approval have been met. The applicant shall submit one (1) paper copy and one (1) electronic copy (.pdf) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval. the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. [... ] PUD final plan submittal: Sec. 27-8-40: If a PUD final plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. PUD final plan recording: Sec. 27-8-50: The applicant shall submit three (3) paper copies of the plat for preliminary approval to the County Department of Planning Services Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may.. after a public hearing, revoke the PUD. PUD construction commencement: Sec. 27-8-60: If no construction has begun or no use established in the PUD within three (3) years of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. 02/24 4 %q4k Energy July 3, 2025 Attn: Chris Gathman Weld County Department of Planning Services 1402 N. 17th Ave Greeley, CO 80632 RE: USR24-0010 (Pivot Solar 59 LLC) - Recording Extension Request To Whom it May Concern: This letter is written to request an extension on the 120 -day recording deadline for mylars within condition of approval 3 of the permit resolution. Work on the conditions of approval for the project is still ongoing, and the mylars could not be recorded within the second extension timeframe, which expired on April 18, 2025. For Pivot Energy's past USR permits, extensions on this timeframe were administratively approved by planning; however, it has been brought to our attention that this now requires board approval. The purpose of this letter is to provide additional context for the board on why an extension is necessary. To date, the following conditions have been addressed: • 1.A — Improvements and Road Maintenance Agreement: Completed 12/1/24 The following conditions still have outstanding items that are preventing the recordation of the USR map. Most of these conditions can be completed in a timely manner, but Pivot was waiting on Xcel for final project sizing before executing to ensure the recorded USR accurately reflects the project size and layout • 1.B — Acknowledge the comments of the Weld County Oil and Gas Energy Department: Pivot anticipates this can be completed within two to four weeks. • 1.C - Address the comments of the Colorado Parks and Wildlife: Pivot anticipates this can be completed within two to four weeks.. • 1.D - A Decommissioning Plan: Pivot anticipates this can be completed within two to four weeks. • 1.E - A Communication Plan: Pivot anticipates this can be completed within two to four weeks. • 1.F - A Landscape and Screening Plan: Pivot is pursuing parallel paths of designing fencing/screening to comply with the code, and also pursuing waivers with the neighbors. If we are unsuccessful at obtaining waivers by the time we submit for building permit, we will ensure that the code is met with our fencing/screening plan. • 1.G - The applicant shall present evidence to the Department of Planning Services that the applicant is making. and shall continue to make, commercially reasonable and good faith efforts to obtain irrigation water for the site: This is underway and can be provided as requested. Pivot anticipates this can be completed within two to four weeks. • 1.H - Interconnection Agreement: This agreement is currently in process, as Xcel required an additional study for this project that extended the originally anticipated timeline for agreement completion. This is expected to be completed by mid -November. 888.734.:J633 1601 VVewatta St #700, Denver, CO 80202 I pivotenergy.net est Pivot =weir Energy Based on the timelines outlined above, Pivot is requesting an extension to 10/17/25 to ensure that an additional extension is not necessary. As Pivot was recently made aware that the expiration and nature of extension requests are no longer being administrative, we have shifted priorities to focus on completing these items. Furthermore, for future projects Pivot will work to ensure that as many Conditions of Approval are addressed prior to intitial hearings, and certainly work to stay within 120 days thereafter barring extenuating circumstances. Sincerely, Kyle Hockstad Developer, Pivot Energy 888.734.3033 11601 Wewatta St #700, Denver. CO 80202 I pivotenergy.net Extension request form Final Audit Report 2025-07-03 Created: 2025-07-03 By: Kyle Hockstad (khockstad@pivotenergy.net) Status: Signed Transaction ID: CBJCHBCAABAAsKxPP4igI284rDRZP_BDiyYPh3pJ6cgT "Extension request form" History Document created by Kyle Hockstad (khockstad@pivotenergy.net) 2025-07-03 - 7:15:04 PM GMT Document emailed to Kyle Sundman (ksundman@pivotenergy.net) for signature 2025-07-03 - 7:15:09 PM GMT t Email viewed by Kyle Sundman (ksundman@pivotenergy.net) 2025-07-03 - 7:40:56 PM GMT © Document e -signed by Kyle Sundman (ksundman@pivotenergy.net) Signature Date: 2025-07-03 - 7:41:07 PM GMT - Time Source: server O Agreement completed. 2025-07-03 - 7:41:07 PM GMT Adobe Acrobat Sign cyri RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0010, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, 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 31st day of July, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Sunlight Farm, LLC, P.Q. Box 850, Johnstown, Colorado 80534, c/o Pivot Solar 59, LLC, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0010, 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: Part of the SE1/4 of Section 11, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing the Board heard all of the testimony and statements of those present and reviewed the request of the applicant for a continuance and, having been fully informed, deemed it advisable to continue the matter to August 21, 2024, at 10:00 a.m., to allow the case to be heard by the Planning Commission on August 6, 2024, and WHEREAS, on August 21, 2024, the applicant was present, and represented by Kyle Sundman, 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 recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinance in effect. 1) Section 22-2-10.C states: "Promoting Economic Growth and Stability. Land use policies have a significant impact on economic cc : PL (ER/MNIDAITA/cG), CA OO‘), ASR(sG), APPL . 01/11/24 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 2 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 this plan [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility (SEF) will provide construction jobs initially and energy generation 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.C states: "Harmonize development with surrounding land uses." There are four (4) residences that are less than 500 feet from the boundaries of the proposed solar facility. The facility will need to be screened by landscaping or an opaque fence, or a written waiver will need to be obtained from the adjacent property owners. Once operational, the proposed SEF creates minimum noise, no odor, light or flickering, vibration, vermin, dust, or other nuisances. The operation of the SEF will not impact the surrounding property owners' (SPO) right to quiet enjoyment. 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 product ion, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This Code section supports the installation of the subject SEF, which is for energy development. The facility will provide power to be utilized by residences, businesses and farming operations in Weld County. 2) Section 23-3-40.FF -- Uses by Special Review, of the Weld County Code include, "Solar Energy Facilities (SEF'S), being mom 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 Appendix21-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 Section 23-1-90 of the 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 3 Weld County Code; a "Solar Energy Facility" means: "a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately 27 acres and qualifies as an SEF USR. C. Section 23-2-230.8.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of multiple single-family residences and outbuildings. There are four (4) single family residences located within 500 feet of the boundary of the proposed facility. An indoor storage facility for vehicles and equipment is located immediately to the southeast. An oil and gas production facility (oil wells and tank batteries) is located on the property to the north. There are seven (7) USRs within one (1) mile of the site. SUP -191, a feedlot for up to 18,400 cattle; AMUSR-1028, storage of vehicles and equipment; AMUSR-100, a kennel for up to 100 dogs; SUP -379, a dairy for up to 80 cows; SUP -383, a hog farm; USR18-0057, a greater than 12 -inch high pressure natural gas line; and USR-1189, a rodeo arena. The Weld County Department of Planning Services sent notice to 11 SPOs and Planning staff received correspondence from four (4) SPOs. The four (4) letters outline concerns such as the viewshed, ability to irrigate and maintain vegetation, the importance of establishing vegetation prior to installing the panels, screening for property owners who request it (even if more than 500 feet away), damage from hailstorms, impact on wildlife (mainly birds), the site detracts from the agricultural aesthetics, glare from the panels impacting local air traffic (as a grass landing strip is nearby), and making sure the facility is managed and properly vegetated to prevent soil erosion and for weed control. The applicant has contracted with a neighboring property owner for weed spraying, ground preparation and seeding. The property was seeded in the spring/summer 2024. The applicant has also been negotiating to obtain irrigation water from the same neighboring property owner. The Conditions of Approval require that the applicant submit an Improvements Agreement (for roads and traffic) and a Landscaping/Screening Plan. The proposed use is in an area that can support this development, and the existing screening, 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. 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC PAGE 4 D. Section 23-2-230.6.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The project site is within the three (3) mile referral boundary for the City of Greeley, with which Weld County does not have a Coordinated Planning Agreement (CPA). The project is approximately two and one-half (2.5) miles from the City of Greeley municipal limits and is located just outside of the Greeley Long Range Expected Growth Area (LREGA). The City of Greeley stated they had no comments/concerns in their referral response, dated April 3, 2024. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is located within the A -P (Airport) Overlay District. No referral response was received from the Weld -Greeley Airport in regard to this request. The site is not located within the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.8.6 — 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 48% of the site consists of low -slope (0-3%) Valent sand and 51% of the site consists of low -slope (0-3%) Vona loamy sand. Both soil types are classified as "Farmland of local importance". No Prime Farmland will be removed from production. 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. 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Sunlight Farm, LLC, c/o Pivot Solar 59, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0010, 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. B. The applicant shall acknowledge the comments of the Weld County Oil and Gas Energy Department, as stated in the referral response dated March 27, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. C. The applicant shall address the comments of the Colorado Parks and Wildlife, as stated in the referral response dated March 28, 2024. Written evidence of such shall be provided to the Department of Planning Services. D. A Decommissioning Plan shall be submitted to, and approved by, the Department of Planning Services. E. A Communication Plan shall be submitted to, and approved by, the Department of Planning Services. F. A Landscape and Screening Plan, that screens the site from the SPOs and rights -of -way, shall be submitted to, and approved by, the Department of Planning Services. G. The applicant shall present evidence to the Department of Planning Services that the applicant is making, and shall continue to make, commercially reasonable and good faith efforts to obtain irrigation water for the site. H. The applicant shall submit the Interconnection Agreement. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR24-0010. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D and 23-4-1030.C.3 of the Weld County Code. 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 6 4) The applicant shall show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld County Code 5) The applicant shall show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two [2], per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. 6) The applicant shall show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld 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 label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design criteria. 8) The map shall delineate the landscaping and screening, in accordance with the approved Landscape and Screening Plan. 9) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable. 10) The applicant shall show and label all recorded easements, and rights -of -way shall be delineated on the map by book and page number or Reception number. 11) County Road 47 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the existing right-of-way (along with its creating documents) 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. 12) The applicant shall show and label the proposed access point on County Road 47, the usage types that apply (Residential, Agricultural, Commercial and/or Oil and Gas), and the appropriate access width and turning radii. Development Review will review the access location as a part of the USR map submittal. 13) The applicant shall show and label the approved tracking control. 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC PAGE 7 14) The applicant shall show and label the entrance gate, if applicable. 15) The applicant shall show and label drainage flow arrows. 16) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a paper map along with all other documentation required as Conditions of Approval. The paper 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 paper map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 4. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or altemate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs, required by Section 23-4-1030.6.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. B. The approved tracking control shall be constructed. C. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land. D. Overweight and/or Oversized Special Transport Permits from the Department of Public Works shall be acquired for all applicable trucks. E. Right-of-way Use Permits shall be acquired from the Department of Public Works before installation and/or construction of any aboveground or buried features in, or crossing, Weld County rights -of -way. 2024-2181 PL2922 SPECIAL REVIEW PERMIT (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 8 5. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN COLORA' a ATTEST:1�.(�� Weld County Clerk to the Board BY: AP .Uuwit. Deputy Clerk to the Board ey1 Date of signature: Q ` ) 0 /7-4 0 Ross, Chair aine Pro-Tem 2024-2181 PL2922 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC USR24-0010 1. Site Specific Development Plan and Use by Special Use Permit, USR24-0010, 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 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. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per Section 23-4-1030.C.4 of the Weld County Code, as amended. 10. 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 2024-2181 PL2922 DEVELOPMENT STANDARDS (USR24-0010) - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC PAGE 2 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld County shall have the right to draw upon the -irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning, in the event that the holder has not commenced decommissioning/reclamation activities within 90 days of the Board of County Commissioners' order or Resolution directing decommissioning/reclamation. 16. The site shall be maintained in accordance with the accepted Property Maintenance Plan. 17. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. 18. 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. 19. The property owner shall maintain compliance with the Communication Plan. 20. This site is located within the Airport Overlay District. 21. 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. 2024-2181 PL2922 DEVELOPMENT STANDARDS (USR24-0010) - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC PAGE 3 22. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 24. Any work that may occupy and/or encroach upon any County rights -of -way or easements shall require an approved Right -of -Way Use Permit prior to commencement. 25. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 26. The historical flow patterns and runoff amounts on the site will be maintained. 27. Weld County is not responsible for the maintenance of on -site drainage related features. 28. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 29. 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. 30. 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. 31. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 32. 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. 33. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. 2024-2181 PL2922 DEVELOPMENT STANDARDS (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 4 35. 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, 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, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 36. 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. 37. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 38. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 39. 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. 40. 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. 41. 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. 42. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 2024-2181 PL2922 DEVELOPMENT STANDARDS (USR24-0010) - SUNLIGHT FARM, LLC, CIO PIVOT SOLAR 59, LLC PAGE 5 43. A Use by Special Review shall terminate when the use is discontinued fora 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. 44. 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. 2024-2181 PL2922 Hello