HomeMy WebLinkAbout20250074.tiffResolution
Approve Use by Special Review Permit, USR24-0024, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Colorado State Land Board, c/o Pivot Solar 45, LLC, and Pivot Solar 55,
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 8th day of
January, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of the Colorado State Land Board, 1127 Sherman Street,
Denver, Colorado 80203, do Pivot Solar 45, LLC, and Pivot Solar 55, LLC,
1601 Wewatta Street, Suite 700, Denver, Colorado 80202, for Use by Special Review
Permit, USR24-0024, 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:
Section 24, Township 4 North, Range 64 West
of the 6th P.M., Weld County, Colorado
Whereas, at said hearing on January 8, 2025, 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
January 29, 2025, at 10:00 a.m., to allow the applicant adequate time to address the
concerns of a surrounding property owner, and
Whereas, at said hearing on January 29, 2025, the Board heard all of the testimony and
statements of those present and reviewed the request of staff for a continuance and,
having been fully informed, deemed it advisable to continue the matter to February 19,
2025, at 10:00 a.m., to allow staff adequate time to review newly presented traffic
information, and
Whereas, on February 19, 2025, the applicant was represented by Bradley Thomas,
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:
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03/13/25
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1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C 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." This Solar Energy Facility (SEF) will initially
provide construction jobs and future energy production to Weld
County, functions which 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."The adjacent land will experience minimal nuisance from
the SEF, which is an unmanned energy development facility. Once
operational, the proposed SEF creates minimum noise, no odor, light
or flickering, vibration, vermin, dust, or other nuisances. There are
no residences within 500 feet of the disturbed area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
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for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEFs), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than five (5) acres,
but less than 320 acres, in the Agricultural/Rural Area, as shown on
Appendix 21-8." 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 Weld County
Code, the SEF will encumber approximately 73 acres and qualifies
as a SEF USR. This SEF may also include two (2) 40 -foot conex
(cargo) containers, per parcel during construction. Cargo containers
are allowed as an Accessory Use, per Section 23-3-30.B of the Weld
County Code.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
zoned A (Agricultural). The land uses include residences, agricultural uses,
and vacant land. There are no residences within 500 feet of the project.
There are two (2) USRs within one (1) mile of the site. USR24-0006, for a
SEF, was approved by the Board of County Commissioners on June 19,
2024, and is located about one-half (1/2) mile to the west of the site. A
non -1041 major facility for a greater than 10 -inch crude oil pipeline,
USR12-0052, is located north of the site. Weld County Department of
Planning Services staff sent notice to two (2) surrounding property owners
(SPOs) within 500 feet of the proposed USR boundary. One (1) letter of
opposition was received with concerns regarding relying on the subject
ground for cattle grazing, the land being located in the middle of the
individuals' ranch, the area currently being under construction for extensive
oil and gas permitting, the possibility of severe erosion, and easements for
accessing the property. The proposed use is in an area that can support
this development, and the Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the
region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. The site
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is not located within a Coordinated Planning Agreement (CPA) area or
within a three (3) mile referral area of any municipality.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 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 within any overlay district officially adopted by
the County, including the A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, or Special Flood Hazard Area. Building Permits issued on the
lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 73 acres of the
approximately 543 acres of soils on the subject property that are designated
as "Not Prime Farmland" Valent sand (3-9%) slopes, per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report. 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.
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
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of the Colorado State Land Board, c/o Pivot Solar 45, LLC,
and Pivot Solar 55, LLC, for a Use by Special Review Permit, USR24-0024, 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:
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A. An Improvements and Road Maintenance Agreement, with up -front
improvements (for Construction) is required for the construction haul route.
The up -front improvements include, but may not be limited to, the
application of magnesium chloride on CR 61, south of CR 50, and any
needed tree maintenance to improve site distance. Additionally, a Traffic
Management Plan for the intersections of CR 61 and CR 50 may be
included in the Agreement. Road maintenance includes, but is not limited
to, dust control and damage repair to specified haul routes during
construction.
B. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response, dated
October 25, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall acknowledge the comments of the Platte Valley Fire
Protection District, as stated in the referral response, dated September 26,
2024. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the comments of the Colorado Parks and
Wildlife, as stated in the referral response, dated September 18, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall submit an Easement Agreement, between the property
owner and the applicant, that documents the use of a haul route outside of
the unmaintained 30 -foot -wide usage right-of-way for County Road 61.
F. An acceptable Final Traffic Report, signed and stamped by a professional
engineer, licensed in the State of Colorado, is required.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0024.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
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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
equipment and structures are temporary for use during construction
and which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and 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.
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, for example, part of
any executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
11) The parcel is bounded on the north by a portion of County Road 44
that is an unmaintained section line right-of-way. The applicant shall
verify and delineate the unmaintained right-of-way and the
documents creating the right-of-way on the map. All setbacks shall
be measured from the edge of the right-of-way. This road is not
maintained by Weld County. Any unmaintained road needs to be
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located/identified in relationship to the right-of-way. Show and label
the section line right-of-way as "County Road 44 Section Line
right-of-way, not County maintained."
12) The parcel is bounded on the east by a portion of County Road 61
that is an unmaintained section line right-of-way. The applicant shall
verify and delineate the unmaintained right-of-way and the
documents creating the right-of-way on the map. All setbacks shall
be measured from the edge of the right-of-way. This road is not
maintained by Weld County. Any unmaintained road needs to be
located/identified in relationship to the right-of-way. Show and label
the section line right-of-way as "County Road 61 Section Line
right-of-way, not County maintained."
13) The parcel is bounded on the west by a portion of County Road 59
that is an unmaintained section line right-of-way. The applicant shall
verify and delineate the unmaintained right-of-way and the
documents creating the right-of-way. All setbacks shall be measured
from the edge of the right-of-way on the map. This road is not
maintained by Weld County. Any unmaintained road needs to be
located/identified in relationship to the right-of-way. Show and label
the section line right-of-way as "County Road 59 Section Line
right-of-way, not County maintained."
14) The parcel is bounded on the south by a portion of County Road 42
that is an unmaintained section line right-of-way. The applicant shall
verify and delineate the unmaintained right-of-way and the
documents creating the right-of-way. All setbacks shall be measured
from the edge of right-of-way on the map. This road is not maintained
by Weld County. Any unmaintained road needs to be
located/identified in relationship to the right-of-way. Show and label
the section line Right -of -Way as "County Road 42 Section Line
right-of-way, not County maintained."
15) The applicant shall show and label the proposed access point on the
maintained portion of County Road 61, the usage type that applies
(e.g. Commercial). Development Review will review the access
location as a part of the USR map submittal.
16) The applicant shall show and label drainage flow arrows.
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
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County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
C. A Weld County Grading Permit shall be required 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 required for all applicable trucks.
E. A Right -of -Way Use Permit shall be required from the Department of Public
Works before any construction, maintenance, or development in, or
crossing, Weld County rights -of -way.
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F. A pre -construction inspection shall be conducted by a representative of the
Department of Public Works and a representative of the applicant.
G. All required up -front improvements of the haul route shall be completed.
Use by Special Review Permit
Development Standards
Colorado State Land Board,
c/o Pivot Solar 45, LLC, and Pivot Solar 55, LLC
USR24-0024
1. Use by Special Review Permit, USR24-0024, 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
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be reduced if appropriate screening, through landscape or an opaque fence, is
installed, or upon submittal to Weld County of a waiver or informed consent, signed
by the residence owner, agreeing to the lesser setback. If landscaping or opaque
fencing is substituted for setback, a Landscaping Plan or Fencing Plan shall first
be submitted to, and approved by, the Department of Planning Services, per
Section 23-4-1030.C.3 of the Weld County Code, as amended.
9. The existing and proposed landscaping and screening on the site shall be
maintained in accordance with the approved Landscape and Screening Plan.
Required landscaping and screening shall be installed within one (1) calendar year
of issuance of a Building Permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality, at the earliest possible time.
10. Dust mitigation. The operators of the SEF shall continuously employ the practices
for control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
11. Underground cables. All electrical cables on the improved area shall be buried,
except for direct current string wires that connect between solar collectors, direct
current collection circuits between rows of solar arrays that are no more than
four (4) feet above grade crossings, substations, switchyards, and circuit voltages
greater than 34.5 kilovolts, where necessary, per Section 23-4-1030.C.5 of the
Weld County Code, as amended.
12. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant
to the Fencing Plan shown 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.
13. Stormwater management. The Operator of the SEF shall comply with the approved
Final Drainage Report and the required Storm Drainage Criteria, pursuant
to Chapter 8, Article XI of the Weld County Code. Ground -mounted solar collector
systems shall be exempt from impervious surface calculations if the soil under the
collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS), per Section 23-4-1030.C.7 of the Weld County
Code, as amended.
14. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and
obtain, an approved Access Permit from the Weld County Department of Planning
Services, pursuant to the provisions of Chapter 8, Article XIV, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
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15. Existing irrigation systems. The nature and location or expansion of the SEF must
not unreasonably interfere with any irrigation systems on, or adjacent to, the solar
facility, per Section 23-4-1030.C.9 of the Weld County Code, as amended.
16. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
Per Section 23-4-1030.B.4.h of the Weld County Code, as amended. Weld County
shall have the right to draw upon the irrevocable standby letter of credit, or other
form of financial security, to pay for decommissioning in the event that the holder
has not commenced decommissioning and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
17. The site shall be maintained in accordance with the accepted Property
Maintenance Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. The property owner shall maintain compliance with the Decommissioning Plan.
20. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
22. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
23. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement with up -front improvements.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. 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.
26. 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.
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27. 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.
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
29. 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.
30. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
31. 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.
32. 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.
33. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
34. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
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36. 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.
37. 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.
38. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of approval, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit,
or the Permit shall be vacated. The Director of the Department of Planning
Services may grant an extension of time, for good cause shown, upon a written
request by the landowner.
39. 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.
40. 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.
2025-0074
PL2936
Use by Special Review Permit (USR24-0024) — Colorado State Land Board,
c/o Pivot Solar 45, LLC, and Pivot Solar 55, LLC
Page 14
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 19th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0074
PL2936
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