HomeMy WebLinkAbout20252935 Hearing Certification
Docket No. 2025-74
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR25-0016, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
— Patricia Buxman, do Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68,
LLC
A public hearing was conducted on November 5, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Matthew VanEyll
Development Review Representative, Aaron Maurice
The following business was transacted:
I hereby certify that pursuant to a Notice dated September 17, 2025, and duly published
September 19, 2025, in the Greeley Tribune, a public hearing was conducted to consider
the request of Patricia Buxman, c/o Pivot Solar 66, LLC, Pivot Solar 67, LLC, and
Pivot Solar 68, LLC, for Use by Special Review Permit, USR25-0016, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District. Karin McDougal, Deputy County Attorney, made this a matter of record.
Matthew VanEyll, Department of Planning Services, presented a brief summary of the
proposal, sharing the site is on 56 acres. He described the solar farm and its equipment,
stated construction will take place with a crew of approximately 40 people, and there will
be no night construction. He shared the project will have a lifespan of 20 to 40 years,
operations and maintenance employees will be onsite up to eight (8) times per year for
up to four (4) hours per day. He reviewed the water and sewer provisions and explained
no permanent water and sewer will be required once the SEF is operational. He explained
the Dust Mitigation Plan indicated methods such as water trucks, stone, mulch, and wind
breaks will be used, as necessary, and the site will be revegetated. Mr. VanEyll shared a
Noise Narrative was submitted, the Decommission Plan is under review, and he
described the sign posting and reviewed the Code criteria. He shared 12 surrounding
cc.Pt-CDC/Mu/DA/►.1/4v/KR) 2025-2935
i2 Az/2.5 PL2977
Hearing Certification (USR25-0016) — Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 2
property owners (SPOs) were noticed, and no correspondence was returned. Mr. VanEyll
explained the site is located within the three (3) mile referral area of the City of Greeley,
and the Coordinated Planning Area of the Town of Severance who returned a Notice of
Inquiry (NOI) with no comments, the City of Greeley returned a NOI with advisory
comments. He stated a Noise Report, Drainage Report and Traffic Narrative were
submitted, and shared agrivoltaics will be utilized. Mr. VanEyll entered the neutral
recommendation of the Planning Commission into the record, as written, and displayed
images of the site and surrounding views.
Aaron Maurice, Department of Planning Services, Development Review, stated there is
an existing permitted access onto County Road (CR) 66, which is a collector road, and
shared the latest average daily traffic counted 228 vehicles per day, with 31% trucks and
the 85th percentile speed is 45 mph. He explained, during construction, the traffic
predicted will consist of conex container trucks, semi-trucks, delivery trucks, and
passenger vehicles. He relayed the Development Review team has required a Road
Maintenance Agreement, and a Drainage Narrative which qualifies for exemption of
stormwater detention.
Kyle Hockstad, Pivot Energy, in response to Chair Buck, indicated they had not had
contact with any of the Commissioners regarding this case. Mr. Hockstad described the
community partner programs the company is involved in. He then introduced Lisa Taylor,
Bright Futures and Weld Trust, and she described the partnership they have with Pivot
Solar, elaborating on the activities Pivot is involved in with the Bright Future students and
an internship program. Mr. Hockstad elaborated on the project details and the community
meetings held. He shared one (1) neighbor questioned screening, which will be vegetative
screening on the south side of the project and opaque screening on the south and west
side. He further described the agrivoltaics proposed for this particular location and a video
presentation was displayed.
Patricia Buxman, applicant, shared her belief of perceived agricultural land loss prior to
the Planning Commission hearing, and she provided the history of the family and the
agricultural history of the land. She shared Pivot Energy incorporates agriculture and
works with the property owners in continuing agricultural viability of their parcels, including
her desire to add an aviary under the panels to help pollinate plant life.
In response to Commissioner Maxey, Mr. Hockstad stated maintenance of the vegetative
screening will be provided by Pivot and confirmed there is an executed agreement with
Xcel Energy. In response to Commissioner Peppier, Mr. Hockstad confirmed water will
not be an issue, and proposed language to hold Pivot responsible for pursuing water as
a Condition of Approval. Commissioner James commented the County should not be
placed between the developer and the applicant regarding water.
No public testimony was offered concerning this matter.
2025-2935
PL2977
Hearing Certification (USR25-0016) — Patricia Buxman, do Pivot Solar 66, LLC,
Pivot Solar 67, LLC, and Pivot Solar 68, LLC
Page 3
In response to Chair Buck, Mr. Hockstad, on behalf of the applicants, indicated they have
reviewed, and agreed to abide by, the Conditions of Approval and Development
Standards, as presented.
The Board reviewed the Conditions of Approval and Development Standards.
Commissioner Maxey requested DS #19 regarding lighting be stricken. Ms. McDougal
reminded the Board financial contributions cannot be a consideration in the decision of
the request. The Board agreed to the aforementioned change.
No public testimony was offered regarding changes made to the Conditions of Approval
and Development Standards.
Commissioner Maxey moved to approve the request of Patricia Buxman, do
Pivot Solar 66, LLC, Pivot Solar 67, LLC, and Pivot Solar 68, LLC, for Use by Special
Review Permit, USR25-0016, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, based on the recommendations
of Planning staff, with the Conditions of Approval and Development Standards, as
amended. The motion was seconded by Commissioner James and it carried
unanimously. There being no further discussion, the hearing was completed at 10:47 a.m.
(Clerk's Note: Teams recording start timestamp 15:14)
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 19th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tern: Aye '' r .7*�,
Jason S. Maxey: Aye r '40
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Lynette Peppler: Aye
Kevin D. Ross: Aye I
Rio # ,�►
Attest: •. s
Esther E. Gesick, Clerk to the Board
2025-2935
PL2977
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