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Home My WebLink About20252923.tiffEXHIBIT Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners 'N CO .0 S A Stiza.S - oo kka Moved by Virginia Guderjahn, that the following resolution be introduced for approval by the Weld County Planning Commission. This motion for recommendation of approval failed on a tie vote and no further motions were made. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: USR25-0016 Patricia Buxman, do Pivot Solar 66, LLC, Pivot Solar 67, LLC. Pivot Solar 68, LLC Matthew VanEyll Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Lot B of Corrected Recorded Exemption CORR RE -4576; being part of the SE1/4 of Section 21, Township 6 North. Range 66 West of the 6th P M.. Weld County.. Colorado. North of and adjacent to County Road 66; approximately 0.25 miles west of County Road 31. is forwarded with no recommendation for approval or denial to the Board of County Commissioners. Below are the original findings proposed by the Planning Department but not approved or denied by the Planning Commission. 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-10. C of the Weld County Code states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote financially responsible growth." This is a proposed nine (9) megawatt Solar Energy Facility (SEF) that will encompass approximately thirty-six (36) acres of an approximately fifty-six (56) acre site. This SEF will initially provide construction jobs and future energy production to Weld County. These functions directly support economic prosperity. This Solar Energy Facility, being a power -generating facility, will add variety, stability, and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. Section 22-2-30. C. - Harmonize development with surrounding land uses. The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. There is one residence within five hundred (500) feet of the disturbed area, which is the owner of the parcel the SEF will be on. The closest neighboring residence is located approximately five -hundred and twenty (520) feet from the solar energy facility on the southeastern side of the proposed disturbed area. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 2 activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses " Section 23-3-40 GG — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B This code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near -Urban Area as shown by map in Appendix 21-B Per Section 23-1-90 of the Weld County Code the SEF will encumber approximately thirty-six (36) acres and qualifies as a SEF USR As stated in this section of the Weld County Code, the Agricultural Zone District is intended to be used to for energy development This SEF may also include two (2) 40 -foot Conex (cargo) containers per parcel during construction Cargo containers are allowed as an Accessory Use, per Section 23-3-30 B of the Weld County Code C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The surrounding properties to the north, west, and south are located in unincorporated Weld County and are zoned A (Agricultural) and the properties to the east are within the City of Greeley and zoned as Residential, Estate and Industrial Low Intensity The surrounding land uses include residences, agricultural uses, and a Special Use Permit (SUP -175) for feed lot for 100 head of cattle There are no residences within 500 feet of the project, except for the residence of the owner of this property There are six (6) Use by Special Reviews (USRs) within one (1) mile of the site To the west of the subject property are four (4) USRs one (1) for a feed lot 100 Cattle (SUP -175), excavation equipment shop (USR-1417), feed sales, farm equipment sales repair, and installation (USR-843), kennel 140 dogs, 20 cats (3MUSR19-85-685), and a child daycare center (USR-1698) To the south of the subject property there are two (2) USRs one (1) for a natural gas facility (USR-598) and a sprinkler system business (USR-491) Weld County Department of Planning Services staff sent notice to twelve (12) surrounding property owners within 500 feet of the proposed USR boundary No written or telephone correspondence in opposition or support of the project were received The proposed use ism an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region D Section 23-2-220 A 4 -- That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities The site is located within a three (3) mile referral area of the City of Greeley, and within an Intergovernmental Agreement area of the Town of Severance The site is located within the Coordinated Planning Agreement Area (CPA) for the Town of Severance As part of the application process, the municipality was sent a Notice of Inquiry (NOI) The Town of Severance submitted a Notice of Inquiry dated June 23, 2025, which indicated that the Town has no comment According to the Town of Severance's Future Land Use Map, this property is not located within the projected , growth boundary of the Town, as the property is located south of State Highway 392 The City of Greeley submitted advisory comments in their referral, dated August 8, 2025, explaining that the site is within Greeley's Long Range Expected Growth Area listing the property as an "urban Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 3 reserve" and that Greeley allows solar in any zone district The City of Greeley recommends the maximum screening fof adjacent residential properties and "potential residential development" that may, develop around this property In the Town of Severance's referral, dated July 15, 2025, the 'town indicated they have reviewed the request and find no conflicts` with their interests E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area -identified by - maps officially adopted by the county The property is not located in any overlay district officially adopted by the County, including the A- P (Airport) Overlay District, I-25 Overlay District, Geologic, Hazard Overlay District, Special Flood Hazard Area, Historic Townsites Overlay District, Agricultural Heritage Overlay_Distnct or MS4 - Municipal Separate Storm Sewer System area Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs , - F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site consists of forty-nine (49) acres of low -slope (1-3%) Kim loam soils and seven (7) acres of low slope (1-3%) of Olney fine sandy loam The SEF facility will be located on thirty-six and two tenths (36 2) acres of Kim loam soils which are designated as "Prime farmlandif irrigated" and on one and four tenths (1 4) acres of Olney,fine sandy loamsoilswhich is designated as "Prime farmland if irrigated and the product of 1 (soil erodibdity) x C (climate factor) does not exceed 60" The proposed use is temporary, and soils will not be unduly removed from the, property After the lease period, the land can be returned to historic uses Currently, the land is farmed and irrigated ` According to the applicant materials, pivot Energy will apply broadleaf herbicide to revegetate the disturbed area The use of a drought tolerant mix of native grasses will be used with either a hydro - 'seed or hydro -mulch Mowing or the use of grazing livestock will be used to mitigate overgrowth and weed management will be monitored and treated with herbicide when necessary G Section 23-2-220 A 7 -- There is adequate provisions for the protection of the health; safety, and welfare of the inhabitants of,the neighborhood and County - The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that _ there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County - - This proposal has been reviewed by the appropriate referral agencies, and it has been determined that the attached conditions of approval and development standards'ensurethat there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility This recommendation is based,- m- part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities Should the Board of County Commissioners approve this Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, the approval shall be conditional on the following 1 Prior to recording the map Resolution'USR25-00'16 o l u t i o n' U S R25-0 0'16 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 4 A A Road, Maintenance Agreement for Construction is required at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction (Development Review) B If water is utilized for dust abatement or during the operation of the SEF, the applicant shall provide a legal source of water for these uses Per the referral comments from the Division of 'Water Resources, dated September 15, 2025, well permit no 34392 may not be used for dust control or irrigation associated with the Solar Energy Facility (Department of Planning Services) C The map shall be amended to delineate the following - 1) All sheets of the map shall be labeled USR25-0016 (Department of Planning Services) 2), The attached Development Standards (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260 D and Section 23 -4 -1030 -of the Weld County Code (Department of Planning Services) 4) Show and label -the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld County Code (Department of Planning Services) 5) Show and label any existing- and proposed solar facility' installations, and electrical equipment, power lined, structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous improvements, as applicable Clearly indicate which equipment and structures are temporary for use during construction and which items are permanent (Department of Planning Services) - 6) Show and label ,the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County Code Include fence and sign specification details on the map Refer to the Weld County Sign Code, as amended (Department of Planning Services) 7) Show and label the location of the temporary trash collection areas, if applicable Include specification details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design criteria (Department of Planning Services) 8) Show, and label any planned oil and gas surface development areas, corridors, access roadways,' for example, part of any executed Surface Use Agreement (Department of Planning Services), 9) Show and' label all recorded easements and rights -of -way on the,map by_ book and page number or reception number and recording date (Department of Planning Services) ' 10) County %Road 66 is a _gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires eighty (80) feet of right-of-way at full buildout The applicant shall delineate and label on the USR map the future and_ existing right-of-way (along with its creating' document) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 11) Show and label the approved tracking control- (Development Review) 12) Show and label theentrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 5 gate to the edge of the traveled surface be less than thirty-five (35) feet (Development Review) 13) Show and label drainage flow arrows (Development Review) 14) Show and label the project access onto CR 66 at the permitted location, approximately 1,965 feet west of CR 31 (Development Review) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional three (3) month period (Department of Planning Services) 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 (Department of Planning Services) 5 Prior to Construction A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information (Department of Planning Services) B The applicant shall submit an ALTA survey that identifies all subsurface utilities (Department of Oil and Gas Energy Development) C The approved access and tracking control shall be constructed (Development Review) D If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired (Development Review) E Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks (Development Review) F The applicant shall submit the Interconnection Agreement (Department of Planning Services) Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 6 Motion seconded by Michael Wailes VOTE For Passage Michael Wailes Virginia Guderjahn Cole Ritchey Against Passage Butch White Michael Biwer Hunter Rivera Absent Michael Palizzi Barney Hammond Calven Goza The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings Certification of Cony I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 7, 2025 Dated the 71h of October, 2025 Kristine Ranslem Secretary Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 7 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pivot Energy Development LLC USR25-0016 A Use by Special Review Permit, USR25-0016, is for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 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 (Department of Planning Services) 4 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) - 5 The facility is unmanned and will operate year-round, according to the application materials Limited maintenance personnel may visit the site once operational (Department of Planning Services) 6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030 Cl'of the Weld County Code, as amended (Department of Planning Services) 7 Glare A SEF shall be designed, located, or placed so that concentrated solar glare from its solar _ collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030 C 2 of the Weld County. Code, as amended (Department of Planning Services) 8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit ,development The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesserlsetback If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030 C 3 of the` Weld County Code, as amended (Department of -Planning Services) cg The existing and proposed landscaping and screening on- the site shall be maintained in accordance with the approved Landscape and Screening- Plan Required landscaping and screening shall be installed within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs sooner Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time (Department of Planning Services) - 10 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 11 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 8 switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) per Section 23-4- 1030 C 5 of the Weld County Code, as amended (Department of Planning Services) 12 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere to the adopted Weld County Sign Code, as amended (Department of Planning Services) 13 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended (Department of Planning Services) 14 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning Services, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of Planning Services) 15 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of the Weld County Code, as amended (Department of Planning Services) 16 The site shall adhere to the accepted Decommissioning and Reclamation Plan Per Section 23-4- 1030 B 4 h of the Weld County Code, as amended Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation (Department of Planning Services) 17 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of Planning Services) 18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 19 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on1 the adjacent properties in accordance with the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 20 The property owner shall maintain compliance with the Decommissioning Plan (Department of Planning Services) 21 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 22 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 23 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 24 Any work that may occupy and or encroach upon any County rights -of -way or easement shall Resolution USR25-0016 Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 9 acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) 26 The historical flow patterns and runoff amounts will be maintained on the site (Development Review) 27 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Planning Services) 28 During construction, no permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Planning Services) 29 During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Planning Services) 30 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Planning Services) 31 During construction, adequate toilet facilities and handwashing units shall be provided Portable , toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed (Department of Planning Services) 32 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Planning Services) 33 BUilding permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 34 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 35 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 36 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 37 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations Resolution USR25-0016 Patricia Buxman, do Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC Page 10 38 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services 39 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners 40 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner " 41 A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 42 In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten (10) days prior to the hearing If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated EXHIBIT S � SCZ-S -O0 1b Summary of the Weld County Planning Commission Meeting Tuesday, October 7, 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call Present: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn Absent: Michael Palizzi, Barney Hammond, Calven Goza Also Present: Chris Gathman, Matthew VanEyll, Angela Snyder, and Jim Flesher, Department of Planning Services, Mike McRoberts, Aaron Maurice, Dan Campbell, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: USR25-0016 Patricia Buxman, do Pivot Solar 66, LLC. Pivot Solar 67, LLC, Pivot Solar 68; LLC Matthew VanEyll Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Lot B of Corrected Recorded Exemption CORR RE -4576; being part of the SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P. M.. Weld County, Colorado. North of and adjacent to County Road 66; approximately 0.25 miles west of County Road 31. Matthew VanEyll, Planning Services, presented Case USR25-0016, reading the recommendation and comments into the record. Mr. VanEyll noted that no telephone calls or correspondence were received regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Aaron Maurice. Development Review, reported on the existing traffic, access to the site and drainage conditions for the site. Commissioner White referred to Section 23-2-220.A.6 and asked how it complies with a diligent effort to conserve prime agricultural land. Mr. VanEyll said that the applicant did state that they are looking to pursue agrivoltaics and the applicant can explain more in detail of their plans. Kyle Hockstad, Pivot Energy, LLC, 1601 Wewatta Street, Denver, Colorado, stated that originally they had looked at the parcel to the east of this site; however due to underground oil and gas infrastructure as well as some prior development plans that the City of Greeley is interested in, they have shifted the project to the northwest to be located further away from local residences. He added that the site is irrigated by a tenant farmer who grows corn on it currently. Mr. Hockstad said that they plan to continue irrigating it and installing a different irrigation system on this site to increase efficiency of that water. Mr. Hockstad said that this project is for a total of 9 megawatts and will be operational for 20 years with an option to extend the lease for an additional 20 years. The construction will last four to six months. Mr. Hockstad said that there will be two approaches to continue agricultural operations: 1) irrigating and doing low -height crop production or 2) local shepherd irrigated feed crops for grazing operations. Mr. Hockstad stated that they received some questions from a surrounding property owner regarding screening. Therefore, they are proposing vegetative screening (trees and bushes) on the southwest side of the site and also opaque fencing on the southeast side of the property. Patricia Buxman, 14645 CR 66, stated that she is trying to keep her family on the property and living in this ag community in Weld County and believes strongly in the opportunity she has to partner with Pivot Energy She said that by letting livestock graze under the panels they are able to maintain pasture health, control vegetation naturally, and reduce the need for mowing and harsh chemicals Commissioner Biwer asked how many agrivoltaics are productive in this state He added that he would like to see one function successfully where we could consider it not being taken out of productive agriculture Mr Hockstad said that their projects that are active do have agrivoltaics of some form on their sites Mr Biwer asked what would prevent you from not having irrigation Mr Hockstad said that they do intend to pursue water and added that in a previous case it was a condition of approval to obtain water He added that they will continue working with the county to ensure it has the necessary teeth to ensure they keep their word The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR25-0016 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Virginia Guderjahn, Seconded by Michael Wailes Vote Motion failed (summary Yes = 3, Nay = 3) Yes Cole Ritchey, Michael Wailes, Virginia Guderjahn Nay Butch White, Hunter Rivera, Michael Biwer Commissioner White said that he doesn't believe it complies with Section 23-2-220 A 6 in that the applicant does not demonstrate a diligent effort to conserve prime agricultural land Ms McDougal stated that since it is a tie vote, the motion fails The Chair stated that USR25-0016 will be forwarded to the Board of County Commissioners with no recommendation Meeting adjourned at 5 01 p m Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD &-i-gar ge).-, NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip ;cGlt.( Deif c M%cL,cP/. 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