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Home My WebLink About20202424.tiff EXHIBIT ar-- BEFORE THE WELD COUNTY , COLORADO . PLANNING COMMISSION US --00IZ,., RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for : CASE NUMBER : USR20-0012 APPLICANT : COLORADO STATE LAND BOARD . C/O PIVOT SOLAR 4 . LLC PLANNER : DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SMALL SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT . LEGAL DESCRIPTION : SUBX20- 0006 . BEING PART OF THE NE4 OF SECTION 16 . T3N . R66W OF THE 6TH P . M . . WELD COUNTY. COLORADO LOCATION : NORTH OF AND ADJACENT TO CR 32 AND WEST OF AND ADJACENT TOCR31 . be recommended favorably to the Board of County Commissioners 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 . 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 and any other applicable code provisions or ordinance in effect . Section 22-5- 130 states, "Due to the volatility of traditional energy resources. the County supports and encourages development and use of alternative energy resources. Alternative energy sources do not replace the traditional sources of energy; rather, expanding global energy demands require a "new energy economy " that supports and enhances traditional sources of energy. " Solar energy is an alternative energy source , adding stability and enhancing the existing electrical grid . Traditional energy resources like fossil fuels are tied to market demand and can vary in output and need . Solar energy can complement some of the fluctuating oil and gas activity . Section 22- 5- 140. A . 5 - AE. Policy 1 . 5. states, "Support the development and use of solar energy. " This development is a solar facility which allows for the collection and use of solar energy . Section 22- 5- 160. - A . UR. Goal 1 . states, "Support and encourage the use of natural and other resources available in the County by the residents of the County. And 1 . UR. Policy 1 . 1 . Support the development of power-generating facilities in the County that benefit the residents of the County and employ the resources extracted. developed or available in the County. " This USR will add another power-generating facility to Weld County which will support the needs of the Weld County residents . The Improvements Agreement, Conditions of Approval and Development Standards will assist in mitigating the impacts of the solar facility on the adjacent properties and ensure compatibility with surrounding land uses and the region . 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 states, " The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. " RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 2 Chapter 23, Article 111, Division 1, Section 23-3-40.GG. - Uses by Special Review outside of subdivisions and historic townsites provides for, "Small scale solar facilities."This code section allows solar facilities to be permitted by a USR in the A(Agricultural)zone district.The small scale solar is a non-permanent and regulated use of land and is consistent with 23-3-10 as the use is more intense than a use by right. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, rural residences, and solar facilities. The closet residence is about 1,000 feet from the southern property line and about 1 mile south of the location of the solar facility. There are twelve (12) USRs within one mile of this site. USR15-0076 and USR18-0041 for small scale solar facilities; USR-1236 for 230/345kV transmission lines; USR-1363 for a commercial egg farm, compost sales and wood grinding (Morning Fresh Farms); USR-1083 for private radio tower; USR-1578 for a community gathering facility; USR-1195 for a 5,000 cow dairy; Amended USR AMUSR-1038 for an oil and gas production facility; SUP-195, USR-1756, USR-1748 and USR15- 0019 all for dog kennels. The Weld County Department of Planning Services sent notice to ten (10) surrounding property owners. No responses were received. D. Section 23-2-220.A.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. This site is located within the three(3)mile referral area and Coordinated Planning Agreement(CPA) area of the Town of Platteville. As part of the pre-application process The Town of Platteville was send a Notice of Inquiry (NOI). The NOI response, dated March 30, 2020, indicated that the site is outside their Urban Growth Boundary(UGB)and that the Town does not wish to pursue annexation. The Town did not return any referral agency comments. The site is not located in a Regional Urbanization Area(RUA)or Urban Growth Boundary(UGB)of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not located within any overlay district officially adopted by the County, including airport, geologic, historic, Municipal Separate Storm Sewer System (MS4), or floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 parcel is located on soils designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.Therefore, no prime soils will be taken out of production. 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- RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 3 250, Weld County Code), Solar Facility Standards (Section 23-4-1030, 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 recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The Subdivision Exemption SUBX20-0006 plat shall be recorded. B. There is a Use by Special Review Permit USR15-0076, reception#4254189, for a small scale solar facility on the parent parcel. The applicant shall submit a letter requesting a partial vacation of USR15-0076 and the partial vacation USR map shall be recorded prior to USR20-0012.(Department of Planning Services) C. The applicant will ensure that the portable toilets are screened from the road and adjacent properties. (Department of Planning Services) D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during the construction phase of this project. (Department of Public Works) E. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR20-0012. (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) The map shall delineate the landscaping and screening on the site,in accordance with Section 23-4-1030.C of the Weld County Code. (Department of Planning Services) 5) The map shall delineate the thirty(30)feet setback from the boundary of adjacent properties, irrigation ditches,and rights-of-way in which no equipment shall be located,in accordance with Section 23-4-1030.G of the Weld County Code. (Department of Planning Services) 6) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7) County Road 32 is a paved 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 site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) 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. (Department of Public Works) RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 4 8) County Road 31 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires sixty(60)feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of- way(along with the documents creating the existing right-of-way)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. (Department of Public Works) 9) County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a local road,which requires sixty(60)feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code.The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec.23-1-90,the required setback is measured from the future right-of-way line.This road is maintained by Weld County. (Department of Public Works) 10) County Road 34 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map 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.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 "CR 34 Section Line Right-of- way, not County Maintained." (Department of Public Works) 11) Show and label the approved access location onto County Road 31, approved access width and the appropriate turning radii on the site plan. (Department of Public Works) 12) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle(including trailers)using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than thirty-five (35')feet. (Department of Public Works) 13) Show and label a thirty(30)foot minimum access and utility easement to provide legal access to this portion of the parcel on the site plan. (Department of Public Works) 14) Show and label the drainage flow arrows. (Department of Public Works) 15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 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 Weld County Code Ordinance#2012-3, approved April 30,2012,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 added for each additional three (3) month period. (Department of Planning Services) RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 5 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 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. (Department of Planning Services) Motion seconded by Gene Stille. VOTE: For Passage Against Passage Absent Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Dwaine Barclay 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 COPY 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 July 21, 2020. Dated the 2161 of July, 2020 43V:661-.0 Yqadith2-/K., Kristine Ranslem Secretary RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pivot Solar 4, LLC USR20-001 2 1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0012, for a Small Scale Solar Facility 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. This is an unmanned facility. (Department of Planning Services) 4. The site shall be maintained in accordance with the Property Maintenance Plan and Decommissioning Plan. (Department of Planning Services) 5. The site shall be maintained in accordance with the approved Landscaping Plan. (Department of Planning Services) 6. No outdoor storage of any materials and equipment including, but not limited to, solar panels and support structures not in operation or in a condition determined to be obsolete of surplus will be allowed.All spare parts and equipment shall be located within the storage container. (Department of Planning Services) 7. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of adjacent properties, irrigation ditches and/or rights-of-way. (Department of Planning Services) 8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9. 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. (Department of Public Works) 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 12. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) 13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement associated with construction activities. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 15. Weld County is not responsible for the maintenance of onsite drainage related features.(Department of Public Works) RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 7 16. 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 Public Health and Environment) 17. 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 Public Health and Environment) 18. 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 Public Health and Environment) 19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 20. 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 Public Health and Environment) 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with,or construed as, traffic control devices. (Department of Planning Services) 25. 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. 26. 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) 27. 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. (Department of Planning Services) RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 8 28. 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. (Department of Planning Services) 29. 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. 30. 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. 31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover,these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 32. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas:open views, spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads;dust from animal pens, field work, harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides RESOLUTION USR20-0012 COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4, LLC PAGE 9 that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development.When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches,lakes,or other structures,unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and open burning present real threats.Controlling children's activities is important,not only for their safety, but also for the protection of the farmer's livelihood. EXHIBIT PEkii/141ARS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 7/21 /2010 Tuesday , July 21 , 2020 2 a. L 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, Michael Wailes , at 11 : 53 a . m . Roll Call . Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch , Skip Holland , Dwaine Barclay . Also Present : Diana Aungst , Angela Snyder , and Tom Parko , Department of Planning Services ; Lauren Light . Department of Health ; Mike McRoberts and Melissa King , Department of Public Works ; Bob Choate , County Attorney , and Kris Ranslem , Secretary . CASE NUMBER : USR20-0012 APPLICANT : COLORADO STATE LAND BOARD , C/O PIVOT SOLAR 4 , LLC PLANNER : DIANA AUNGST REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SMALL SCALE SOLAR FACILITY IN THE A (AGRICULTURAL ) ZONE DISTRICT . LEGAL DESCRIPTION SUBX20-0006 , BEING PART OF THE NE4 OF SECTION 16 . T3N . R66W OF THE 6TH P . M . . WELD COUNTY . COLORADO . LOCATION NORTH OF AND ADJACENT TO CR 32 AND WEST OF AND ADJACENT TOCR31 . Diana Aungst , Planning Services , presented Case USR20-0012 , reading the recommendation and comments into the record . Ms . Aungst noted that the solar facility will connect directly to the existing Xcel Energy distribution lines running along the western property boundary . The facility will generate electricity for approximately 400 homes . The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards . Melissa King . Public Works . reported on the existing traffic . access to the site and drainage conditions for the site . Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site dust control , and the Waste Handling Plan . Luke Rickard , Pivot Energy , 1750 15th Street , Denver, Colorado , stated that this property is owned by the State Land Board but is very similar to the previous case . There is a slight increase in acreage inside the fence line , but it is the same type of panels and electrical infrastructure . Commissioner Cope asked who determined the 95 . 3 feet between facilities . Mr. Rickard said that the State wanted a reasonable distance between the two solar facilities and the other solar operator wanted to ensure that Pivot Solar would not shade their array . Commissioner Cope referred to taking the electricity up to the substation and asked if they are able to share the same transmission line that is already in place for the other operator. Mr. Rickard replied yes and added that Xcel Energy will bring a step- up transformer to a concrete pad on site and that will be the point where their facility ends , and their equipment begins . From there , Xcel Energy will connect the transformer to their distribution line which runs directly to the substation . 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 . 1 Motion: Forward Case USR20-0012 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 Bruce Johnson, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 5:46 pm. 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