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Home My WebLink About20202410.tiff EXHIBIT 3 BEFORE THE WELD COUNTY . COLORADO . PLANNING COMMISSION 52.20 -ooI 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 . USR20-0011 APPLICANT: SCOTT PETERSON . C/O PIVOT SOLAR 8 . LLC PLANNER : ANGELA SNYDER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A SMALL SCALE SOLAR FACILITY IN A (AGRICULTURAL ) ZONE DISTRICT LEGAL DESCRIPTION : W2NW4 SECTION 10 T3N , R66W OF THE 6TH P M WELD COUNTY . COLORADO . LOCATION : SOUTH OF AND ADJACENT TO CR 36 . EAST OF AND ADJACENT TO CR 31 . 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 22-2- 20. F. 3. - A . Policy 6. 3. states. "Encourage multi-generational. caretaker. guest and accessory quarters. " The proposed use is in 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 o n the adjacent properties and ensure compatibility with surrounding land uses and the region . This facility produces alternative fuel from solar energy . a renewable resource which is encouraged by the following sections of the Comprehensive Plan . Sections 22 -4-40 . A . 3 and 4 . of the Weld County Code states . A /R. Policy 1 . 3. The County encourages the use and development of alternative fuels, alternatively fueled vehicles and modes of transportation that reduce pollutants. AIR. Policy 1 . 4. The County encourages innovative and creative approaches to alternative energy sources. A solar facility develops alternative fuel through a process that will not create any air e missions nor cause dust or odors and develops alternative fuel which strengthens the grid strategically in the places where it is most needed . Section 22 - 5- 130 of the Weld County Code 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 to and enhancing the existing e lectrical grid . Section 22 - 5- 140 . A . 5 of the Weld County Code states , RESOLUTION USR20-0011 SCOTT PETERSON, CIO PIVOT SOLAR 8, LLC PAGE 2 AE Policy 1 5 Support the development and use of solar energy a Recommended Strategy AE 1 5 a Review County regulations to ensure support of small-scale and personal solar energy collectors The Comprehensive Plan supports the development and use of solar energy specifically Section 22-5-160 A 1 of the Weld County Code states, A UR Goal 1 Support and encourage the use of natural and other resources available in the County by the residents of the County 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 The request is for a power-generating facility that benefits the residents of Weld County and powers the vicinity in which it is located on a distribution system that does not leave the County B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural) Zone District 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 for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses A small-scale solar facility is permitted as a Use by Special Review under Section 23-3- 40 GG This small scale solar is a non-permanent and controlled use of land which develops energy for the immediate vicinity C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the existing surrounding land uses The surrounding land is being used for agricultural,oil and gas and rural residential housing There is another small-scale solar facility permitted by USR18-0004 roughly 1700 feet to the southwest A Public Service Company of Colorado 230/345 kV transmission line is on the west side of County Road 31 permitted by USR-1236 Seven (7) other USRs exist within a mile of the site permitting an oil and gas facility,the Morning Fresh poultry farm, kennels, a pipeline a vehicle repair establishment and two other solar facilities The proposed use is in 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 Adjacent land is predominantly used for agriculture Seventeen (17) property owners were notified of this request and no correspondence was received The siting of the facility on the western property boundary and away from neighboring residences enhances compatibility 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 r RESOLUTION USR20-0011 SCOTT PETERSON , CIO PIVOT SOLAR 8 , LLC PAGE 3 The site is located within the three ( 3 ) mile referral area of the Towns of Gilcrest and Platteville and within the Intergovernmental Agreement Areas of the Town of Platteville . Both towns indicated they have no concerns . Notice of Inquiry responses indication no desire to annex from both towns were submitted with the application . E . Section 23-2 -220 .A . 5 -- The application complies with Chapter 23 , Articles V and XI , of the Weld County Code . The property is not within the Geologic Hazard Overlay District . a Special Flood Hazard Area or the Airport Overlay District . 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 soil in the location of the proposed solar facility are predominantly Olney loamy sand and is considered farmland of statewide importance according to the Natural Resources Conservation Services Soil Resource Report dated August 5 . 2019 submitted with the application . The property is not irrigated and is currently used for dryland crops . 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 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 applicant shall address the concerns of the Public Works Referral relating to the existing unpermitted access onto County Road 36 and the proposed access location onto County Road 31 . ( Department of Public Works) B . A Road Maintenance Agreement , during 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 . ( Department of Public Works) C . and that is stamped and signed by a professional engineer registered in the State of Colorado is required . ( Department of Public Works) D . The map shall be amended to delineate the following : 1 . All sheets of the map shall be labeled USR20-0011 ( Department of Planning Services) 2 . The attached Development Standards . ( Department of Planning Services ) 3 . The map shall be prepared in accordance with Section 23-2-260 . D of the Weld County RESOLUTION USR20-0011 SCOTT PETERSON, C/O PIVOT SOLAR 8, LLC PAGE 4 Code (Department of Planning Services) 4 All signs shall be shown on the map and 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) 5 County Road 31 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label 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) 6 County Road 36 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label 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) 7 Show and label the approved access locations, approved access width and the appropriate turning radii on the site plan The applicant must obtain an access permit in the approved locations prior to construction (Department of Public Works) 8 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 35 feet (Department of Public Works) 9 Show and label the drainage flow arrows (Department of Public Works) 10 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 be added for each additional three(3) month period (Department of Planning Services) 4 Prior to Construction A The approved access onto county Road 31 shall be constructed prior to on-site construction (Department of Public Works) B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Department of Public Works) RESOLUTION USR20-0011 SCOTT PETERSON, C/O PIVOT SOLAR 8, LLC PAGE 5 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 Lonnie Ford VOTE For Passage Against Passage Absent Bruce Johnson Michael Wailes Tom Cope Gene Stifle 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 r 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 21St of July, 2020 45 r of l� Kristine Ranslem Secretary RESOLUTION USR20-0011 SCOTT PETERSON, 0/O PIVOT SOLAR 8, LLC PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Scott Peterson/Pivot Solar 8 LLC USR20-0011 1 A Site-Specific Development Plan and Use by Special Review for a Small-Scale Solar Facility in the A (Agricultural) Zone District, USR20-0011, 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 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) 5 The existing and proposed landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan (Department of Planning Services) 6 The site shall be decommissioned in accordance with the approved Decommissioning Plan (Department of Planning Services) 7 No outdoor storage of any materials or equipment including, but not limited to, solar panels and support structures not in operation will be allowed (Department of Planning Services) 8 No equipment associated with the solar facility shall be located within thirty(30)feet of the boundary of adjacent properties, irrigation ditches and/or rights-of-way (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 (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) 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) c RESOLUTION USR20-0011 SCOTT PETERSON, CIO PIVOT SOLAR 8, LLC PAGE 7 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 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 23 Building permits shall be required for any new construction or set up manufactured structure,per Section 29-3-10 of the Weld County Code A building permit application must be completed and,submitted 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 Building Codes, 2018 International Residential Code, 2006 International Energy Code, 2017 National Electrical Code,and Chapter 29 of the Weld County Code A plan review shall be approved,and a permit must be issued prior to the start of construction (Department of Building Inspection) 24 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) 25 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) 26 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) 27 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 wntten request by the landowner RESOLUTION USR20-0011 SCOTT PETERSON, C/O PIVOT SOLAR 8, LLC PAGE 8 28 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 29 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 30 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 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, RESOLUTION USR20-0011 SCOTT PETERSON, C/O PIVOT SOLAR 8, LLC PAGE 9 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 k1/4Xakb to SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING tADkP . -cct ' es 2- 1 I 2021s Tuesday , July 21 , 2020 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 : USR20-0011 APPLICANT . SCOTT PETERSON . C/O PIVOT SOLAR 8 . LLC PLANNER : ANGELA SNYDER REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A SMALL SCALE SOLAR FACILITY IN A (AGRICULTURAL ) ZONE DISTRICT LEGAL DESCRIPTION : W2NW4 SECTION 10 , T3N . R66W OF THE 6TH P M . . WELD COUNTY , COLORADO . LOCATION : SOUTH OF AND ADJACENT TO CR 36 . EAST OF AND ADJACENT TO CR 31 . Angela Snyder. Planning Services . presented Case USR20-0011 , reading the recommendation and comments into the record . Ms . Snyder noted that the Weld County Code does add nine (9 ) extra requirements onto the USR for solar facilities and all of these were addressed by the applicant or have been included as conditions of approval . She added that this is a distribution level system that will not connect to a transmission line . The generated electricity will be able to power up to about 400 homes in the vicinity and will not be transmitted to other counties . 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 . Ms . King stated that a final drainage report was received subsequent to the writing of the referral and has been accepted by Public Works . Therefore , she requested the deletion of Condition of Approval 1 . C regarding the submittal of a Final Drainage Report , 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 the site is located on limited dryland ag and has some oil and gas operations , agricultural . and residential uses surrounding the site . This request is for a 2-megawatt solar facility . The construction of the facility will last approximately 12 to 18 weeks and will be operational for 20 to 40 years . The reason for the long range on the operation is the contract with Xcel Energy for a rewards program is 20 years : however. there is possibility that the use will be extended by Xcel Energy in the future . Commissioner Wailes said that currently electricity is not stored on site and added that technology is changing all the time . He asked the applicant if he foresees a time in the future when they may implement some type of battery storage to maintain a current flow of electricity . Additionally , Mr . Wailes asked Staff if storage should be added how that would be handled with this type of USR . Mr. Rickard said that this technology is coming ; however. they don ' t have any plans to do that for this project . He added that they are looking at ways of working that into their projects in the future . 1 Commissioner Holland asked what the decommissioning plan is for this and who is responsible for it. Mr. Rickard said that they and the applicant have the responsibility to decommission the site. He added that they would remove the fence, all concrete and steel, remove all the electrical infrastructure on site and then reseed it to prairie grass condition as they found it. Mr. Holland asked if the applicant provides a bond or financial requirement to perform that job should Pivot Energy not be available. Mr. Rickard replied that there is currently not a requirement for a bond for that. He added that if the applicant were to go under, the decommissioning responsibilities are written into the lease and the banks underwriting this would inherit the responsibility for decommissioning. Commissioner Johnson said that in some cases they have allowed for sheep to graze. He added that he is concerned with ground cover because without it there is a dust issue which isn't good for you or the neighbors. He asked if there is a ground cover established going into the project or after. Mr. Rickard said that they will work with what is already there and then they revegetate the area. He added that they typically do not establish some type of ground cover crop prior to construction. Mr. Rickard referred to the grazing of sheep and said that is something that they are pursuing at a company level to make their landscape maintenance practices more productive. Ms. Snyder referred to the question of storing energy and said that is included in the definition of a small- scale solar facility. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Scott Peterson, 15002 CR 36, stated that he is the landowner and has been working with Jonathan Fitzpatrick for the past 5 years and looking for the opportunity to provide money for himself and his family beyond his life. He added that the site has very bad soil and there is a problem with blowing and vegetation. The Chair asked the applicant if there was anything else they wanted to add. Mr. Rickard replied no. The Chair referred to the request by Staff regarding Condition of Approval 1.C. Motion: Delete Condition of Approval 1.C, Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the amended 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 USR20-0011 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Lonnie Ford. 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. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD i I1K I t E,+f C ', n ADDRESS EMAIL John Doe 123 Nowhere Street, City, State,Zip t3 .j d c,-,, ,, , /7 it 6 r ' Au c c c-,(e.7,..e.y,.. c Ci Y cU c .3'1 u, 5 ',c'—' '-(1 r Z J`..... '-,;• ].,t,Vice. 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