HomeMy WebLinkAbout20241068.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, 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:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support Facility (Compressed Natural Gas (CNG) Station) in the A (Agricultural) Zone
District.
Lot B Amended Recorded Exemption, AMRE-4936; being part of the S1/2 S1/2 SW1/4 of
Section 31, Township 5 North, Range 64 West of the 6th P.M.. Weld County, Colorado.
East of and adjacent to County Road 49; north of and adjacent to County Road 50.
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 22-2-30 Land Use Goals
Section 22-2-30. C. Harmonize development with surrounding land uses.
Section 22-2-30. C 1. Transition between land use types and intensities with buffers. Uses that
are incompatible with existing uses must be able to mitigate conflicts.
The USR site is set back from the west property line (this property includes the nearest
residence, bed and breakfast, events center and a contractor business — USR12-0032). A
landscape and screening plan (a wall and berm along the west side of the facility is required,
and a sound wall will be installed on the north side of the facility to ensure compliance with
commercial noise limits.
Sec. 22-2-60.8. Support responsible energy and mineral development.
The application states that the facility is needed due to existing oil and gas operations and
commitments in the area. The proposed facility is located immediately to the west and south of
existing oil and gas facilities (including a gas plant).
Sec. 22-2-60.8.2. Ensure that infrastructure, such as adequate roads and utilities, exists or can
be made available prior to development of energy and mineral resource production facilities.
A road maintenance agreement that addresses dust control and road damage onto County
Road 50 is required.
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
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 2
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 "
This proposed USR will support energy development and is the vicinity of multiple energy
development operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The property is located immediately to the west of a natural gas processing facility (2MJUSRI 8-
12-1792), there are also multiple natural gas lines that are greater than 10 -inches or greater
than 12 -inches (USR11-0016, USR13-0064, 1 MUSR16-13-0005, 1 MUSR18-12-0074, USR18-
0027, USR18-0055) all located to the north and east of the site
An oil and gas production facility (1041 WOGLA AMD22-0018 and WOGLA18-0078) is located
to the north for up to 10 wells, 21 oil tanks and related equipment on the parcel to the
north
The property to the west (24081 County Road 50) contains a bed and breakfast facility, two (2)
single-family residences and an events center and septic/cement contractor and storage
building business This was approved under USR12-0032 The edge of the operating area for
the proposed facility is approximately 600 -feet from the property line for this property
Staff received a letter from the property owners at 24081 (Virtus and Amy Banowetz) dated
January 22, 2024 The letter expressed frustration with previous oil and gas operations that
had been approved and constructed (the O'Connor Gas Plant — 2MJUSR18-12-1792) in
regard to visual and noise issues They have placed a wall and landscaping to screen the
gas plant and oil and_gas equipment associated with 1041 WOGLA AMD22-0018) The
property owners are concerned that the new proposed facility will have additional visual and
noise impacts They are requesting that the' applicant 1) Install a wall and berms and trees to
screen the property, 2) Have truck traffic come from the east down County Road 50, 3) consider
deeding some additional property to the west of the site to the Banowetz's so they can mitigate
the view with landscaping in this area, 4) Work to fix the well on the Banowetz property to ensure
an adequate water supply for irrigation of landscaping, and 5) Consider buying their property
This letter was provided to the applicant on January 29, 2024
An acoustic analysis was provided with the application The site is required to comply with
Commercial Noise Limits per the attached development standards A sound barrier is
required to be installed along the northern boundary of the operations area to comply with
commercial noise limits This barrier is required to be installed prior to operation of the
facility
The Banowetz's were requesting to meet with the applicants to discuss the project The
applicant met onsite with the adjacent property owners (Virtus and Amy Banowetz) to the west
on 2/29/2024 and discussed the proposed operation The applicant indicated that they
investigate various options to address view shed concerns The applicant also stated that is
committed to options to reduce view shed concerns, working with the Banowetz's to schedule
around event center dates and adjusting traffic when feasible The applicant states -that they
will have additional discussions with the neighbor in later March The applicant indicates that
no changes to the site layout submitted with this application are proposed at this time
The Conditions of Approval require that the applicant submit an Emergency Action and Safety
Plan, a road maintenance agreement, and an amended Landscaping/Screening Plan The
Resolution USR23-0042
Michael Boulter Farms, LLC, Go Liberty Power Innovations, LLC
Page 3
Development Standards and 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
The proposed use is in an area that can support this development and the existing screening,
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 urrounding land uses
and the region
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
The site is located within the three (3) mile referral area and the Cooperative Planning
Agreement area of the Town of Kersey The site is located more than two (2) miles from the
'municipal boundary of the Town of Kersey The Town of Kersey stated no conflicts with their
interests in their referral dated January 2, 2024 The site is delineated on the edge of the
Town of Kersey Influence area as delineated in the Kersey Land Use Map in the Town of Kersey
Comprehensive Plan Future land use is identified as "undetermined" in this location
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 located within the A -P (Airport) Overlay District No referral response has been
received from the Weld -Greeley Airport The property is not located within the I-25 Overlay
District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
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 Natural Resources Conservation Service (NRCS) map identifies soils as "not prime",
"farmland of statewide importance", "Prime Farmland if Irrigated and if the product of I (soil
erodibility) and C (Climate Factor) does not exceed 60" The property is not being used for
agricultural 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
23-2-250, 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 ensure that
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, in part, upon a review of the, application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 4
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A 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 (Department of
Planning Services - Development Review)
B A Final Traffic Report, stamped and signed by a professional engineer licensed in the State of
Colorado, is required (Department of Planning Services - Development Review)
C A Communication Plan shall be submitted for review and approval by the Department of
Planning Services The Communication Plan shall (but is not limited to) include coordination
with neighboring property owners in regard to scheduling around event center dates on the
adjacent property (Department of Planning Services)
D A revised Lighting Plan shall be submitted for review and approval by the Department of
Planning Services The Lighting Plan shall address lighting details (lights shall be shielded
on all sides and downcast) The extent of the lighting spread (area the lighting covers) shall be
delineated (Department of Planning Services)
E The applicant shall address the requirements of the Weld County Department of Emergency
Management as stated in their referral dated January 2, 2024 Written evidence of such shall
be provided to the Department of Planning Services (Weld County Office of Emergency
Management)
F The applicant shall submit an updated Landscaping and Screening Plan The landscaping and
plan provided with the application delineates juniper or similar trees to be utilized for screening
The landscaping and screening plan shall be amended to include an irrigation and maintenance
component The Landscape and Screening Plan shall also include solid screening (a wall or
fence) and a landscape berm along the western side of the operations area (Department of
Planning Services)
G A recorded copy of the Non -Exclusive Access Agreement between Michael and Daisy Boulter
(Grantor) and Liberty Power Innovations, LLC (Grantee) dated September 25, 2023, shall be
provided to the Department of Planning Services (Department of Planning Services)
H The map shall be amended to delineate the following
All sheets of the map shall be labeled USR23-0042 (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
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A
13 of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan (Department of Planning Services)
6 The map shall delineate the onsite lighting in accordance with the approved Lighting Plan
(Department of Planning Services)
Resolution USR23-0042
Michael Boulter Farms, LLC, do Liberty Power Innovations, LLC
Page 5
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 of the Weld County Code, if applicable (Department of Planning Services)
8 The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services)
9 Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number (Department of Planning Services)
10 County Road 50 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout
The applicant shall delineate and label on the site map 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 Planning Services — Development Review)
11 (Pursuant to CRS 43-2-110(1 5), County Road 49 is designated as a County Highway
The County Highway is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of
right-of-way, or 180 feet of right-of-way in some locations Contact Public Works for the
location of the current right-of-way alignment and easements so they can be delineated
accurately on the map If the right-of-way cannot be verified it shall be dedicated The
applicant shall also delineate the physical location of the road 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
Planning Services — Development Review)
12 Show and label the approved access location onto CR 50, the appropriate access width,
and the appropriate turning radii on the site plan Show all access points associated with
the parcel Include a label for access typed (e g , Oil and Gas) (Department of Planning
Services — Development Review)
13 Show and label the approved_tracking control on the site plan (Department of Planning
Services — Development Review)
14 Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume
(Department of Planning Services - Development Review)
15 Show and label the parking and traffic circulation f low arrows showing how the traffic moves
around the property (Department of Planning Services - Development Review)
16 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 Planning
Services - Development Review)
17 Show and label the drainage f low arrows (Department of Planning Services - 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
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 6
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 specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month period (Department
of Planning Services)
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site
construction (Department of Planning Services - Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required (Department of Planning Services - Development Review)
5 Prior to Operation
A The proposed facility needs to meet Commercial Noise Limits per 25-12-103 C RS
Appropriate building permits shall be submitted and an acoustic barrier wall shall be
installed in compliance with the accepted acoustic analysis (Department of Planning Sery
ices)
B Due to the proximity of the facility of the facility to the residence to the west, solid screening (a
wall or fence) and a landscape berm along the western side of the operations area shall be
installed prior to operations
C The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District The plan shall be reviewed on an annual basis by
the Facility operator, the Fire District and the Weld County Office of Emergency Management
Submit evidence of acceptance to the Department of Planning Services (Weld County
Office of Emergency Management
6 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 read y 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 Barney Hammond
VOTE
For Passage
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
Against Passage
Absent
Elijah Hatch
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 Commissioners for further proceedings
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 7
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 April 2, 2024
Dated the 2"d of April, 2024
Kristine Ranslem
Secretary ,
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Liberty Power Innovations, LLC
USR23-0042
A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support
Facility (Compressed Natural Gas (CNG) Station) 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 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 The hours of operation are 24 hours a day, 7 days a week, 365 days a year (Department of
Planning Services)
5 The number of on -site employees shall be up to two (2) at any one time as stated in the application
materials (Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code
(Department of Planning Services)
8 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)
9 The Property Owner shall maintain compliance with the Decommission Plan and the
Communication Plan (Department of Planning Services)
10 The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services (Department of Planning Services)
11 This site is located within the Airport Overlay District (Department of Planning Services)
12 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 Planning
Services - Development Review)
13 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 Planning Services - Development Review)
14 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 Planning
Services - Development Review)
15 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Planning Services - Development Review)
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 9
16 The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Department of Planning Services - Development Review)
17 The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates (Development Review)
18 Weld County is not responsible for the maintenance of onsite drainage related features
(Department of Planning Services - Development Review)
19 The historical flow patterns and runoff amounts on the site will be maintained (Department of
Planning Services - Development Review)
20 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)
21 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)
22 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code, and the accepted waste
handling plan (Department of Public Health and Environment)
23 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)
24 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department
of Public Health and Environment, as applicable (Department of Public Health and
Environment)
25 Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times As employees or contractors are on site for less than 2
consecutive hours a day portable toilets and bottled water are acceptable Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights -of -way (Department of
Public Health and Environment) ,
26 All chemicals must be handled in a safe manner in accordance with product labeling All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
27 Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation Secondary containment shall
be sufficiently impervious to contain any spilled or released material Secondary containment
devices shall be inspected at regular intervals and maintained in good condition All secondary
containment will comply with the Energy and Carbon Management Commission (ECMC) Rule
604 and/or the provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 10
28 The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur (Department of Public Health and Environment)
29 Any contaminated soils on the facility shall be removed, treated, or disposed of in accordance
with all applicable rules and regulations All spills will be reported to local, state, and federal
agencies in accordance with all state and federal regulations (Department of Public Health and
Environment)
30 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C R S The facility shall comply with the accepted Acoustics
Analysis (Department of Public Health and Environment)
31 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, if applicable (Department of Public Health and Environment)
32 A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on site, as applicable
(Department of Public Health and Environment)
33 The facility shall notify the County of any revocation and/or suspension of any State issued
permit (Department of Public Health and Environment)
34 The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issued permit, and of the outcome or disposition of any such
compliance advisory or other notice of non-compliance (Department of Public Health and
Environment)
35 The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code
36 This USR is for a CNG (Compressed Natural Gas) Facility is non-transferrable and the permit
shall expire upon conveyance of the facility to a new operator (Department of Planning
Services)
37 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)
38 Building permits may be required, for any new construction, setup 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 cod es 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)
39 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
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 11
40 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)
41 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended
42 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)
43 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)
44 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 (Department
of Planning Services)
45 Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners signed
Resolution, unless otherwise specified by the Board of County Commissioners when issuing the
original Permit, or the Permit shall be vacated
46 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
47 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
48 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
Resolution USR23-0042
Michael Boulter Farms, LLC, c/o Liberty Power Innovations, LLC
Page 12
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 people 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
49 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, f lies 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 f ire 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
13
UsRa3 -oa
Summary of the Weld County Planning Commission Meeting
Tuesday, April 2, 2024
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 Vice -Chair
Butch White. at 1:30 p.m.
Roll Call.
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan,
Virginia Guderjahn, Barney Hammond.
Absent: Elijah Hatch.
Also Present: Chris Gathman. Diana Aungst. Molly Wright. and Maxwell Nader, Department of Planning
Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number
Applicant:
Planner
Request
Legal Description:
Location
USR23-0042
Michael Boulter Farms. LLC. c/o Liberty Power Innovations. LLC
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Compressed Natural Gas (CNG) Station) in the A
(Agricultural) Zone District
Lot B Amended Recorded Exemption. AMRE-4936; being part of the S1/2 S1/2
SW1/4 of Section 31, Township 5 North, Range 64 West of the Gtr, P.M., Weld
County, Colorado.
East of and adjacent to County Road 49; north of and adjacent to County Road 50.
Chris Gathman, Planning Services, presented Case USR23-0042, reading the recommendation and
comments into the record. Mr. Gathman noted that Staff received a letter from a surrounding property
owner which expressed frustration with oil and gas operations to the east and visual and noise issues of
the oil and gas operations, He added that the property owners are concerned that the new proposed facility
will have additional visual and noise impacts and are requesting that the applicant: 1) install walls, berms
and trees to screen the property, 2) have truck traffic come from the east down County Road 50, 3) consider
deeding some additional property to the west of the site to the neighbors so that they can mitigate the view
with landscaping in this area. and 4) work to fix the well on their property to ensure that adequate water
supply for the irrigation of landscaping their property from the facility could be accommodated or consider
buying their property. Mr. Gathman stated that the applicants did meet with the property owners in February
to discuss the proposed operation and added that the applicant stated that they are committed to options
to reduce the view concerns and working with neighbors to schedule around their event center dates and
adjusting traffic when feasible. Mr. Gathman noted that a number of conditions of approval are attached
which require an emergency action and safety plan, a road maintenance agreement. and an amended
landscaping and screening plan. The development standards and conditions of approval will assist in
mitigating the impacts of the facility on the adjacent properties and address compatibility.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Commissioner Hammond asked if there are any lighting requirements Mr. Gathman noted that there is a
condition of approval that a revised lighting plan be submitted to address the shielding and downcast of
lighting.
Commissioner Wailes referred to the comment that a letter was submitted by a surrounding property owner:
however, he noted that he was not able to find it in the system. Staff provided hard copies of the letter to
the Planning Commissioners.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise standards, Air Permit and the Waste Handling Plan
Richard Bradsby, 1020 Zang Street, Golden, Colorado, stated that Liberty Power Innovations is a subsidiary
of Liberty Energy which has been known in Weld County as Liberty Oilfield Services Liberty Oilfield
Services commenced operations in the DJ Basin in 2013 and their business is to provide tracing services
for oil and gas development
Mr Bradsby said that the reason they are seeking a site to develop compressed natural gas is related to
the ongoing technological improvements in providing tracing services to the oil and gas community He
added that 10 years ago the primary fuel for operating pumps that provide hydraulic tracing was diesel and
through a progression over the last decade, we have started to slowly displace diesel with natural gas In
2016 Liberty pioneered a quiet fleet which is a combination of dual fuel fleet that consumes both diesel and
natural gas along with a tremendous amount of sound mitigation around these pumps Mr Bradsby stated
that the next phase in evolution in technology is deploying fleets that will eliminate the use of diesel
completely but to do that they need compressed natural gas to be able to deliver to sites that otherwise
doesn't have access to that fuel
Commissioner Hammond asked if there is any reason why this facility can't be moved farther north to the
adjacent property Mr Bradsby said that the facility is proposed to be on the northern part of the Boulter
Farms property so they did move it as far north as they could
Commissioner Edens asked if trucking will be 24/7 Mr Bradsby said that it will run 24/7 and added that at
full capacity activity level there will be approximately two (2) trucks per hour or 45 to 50 trucks per day
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Virtus and Amy Banowetz, 24081 CR 50, LaSalle, Colorado Ms Banowetz said that the applicants have
been really good and they appreciate their willingness to work with them Ms Banowetz said that they want
to know that there are things in place so the mitigation that the applicants are committed to will actually be
followed through with Mr Banowetz said that they want to make sure that Liberty will adhere to what they
have committed to for mitigation
The Chair asked if they have seen the applicant's design standards and if they are happy with it Ms
Banowetz said the truck traffic is crazy but they have committed to walls on County Road 50 so they just
want to make sure that they do what they are committed to
Commissioner Morgan asked to clarify that any agreement between the landowner and neighbor the county
can't enforce She asked if there is anything in the development standards that has been added because
of those meetings Mr Gathman said he is not sure of what specifics have been agreed to and has not
received the letter that the applicant and landowner have agreed to He added that there are a number of
development standards that the applicant is required to put the berming and landscaping in and also need
to meet the noise standards These improvements are required to be in place prior to operation of the
facility
Mr Bradsby said that they only leased the land in the permit area which is east of Banowetz They have
no plans to do anything directly north of Banowetz, on the western portion of the subject property He
added that lighting is limited on site and will only be above door height and pointed downward He added
that they are committed to adhere to the noise standards as stated
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 USR23-0042 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 Barney Hammond
2
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland, Virginia Guderjahn
Commissioner Morgan said that she would like to see the County look at these types of facilities as being
required to have a change of zone to commercial like we have done with the RV storage because of the
impacts to neighbors She added that we need to look at this before they start in a more global sense
Commissioner Hammond reinstated` the importance of continuing to work with the neighbors there He
encouraged them to work with the neighbors regarding truck traffic and noise
Meeting adjourned at 4 28 p m
Respectfully submitted,
45ia6,.yqa.a1um.
Kristine Ranslem
Secretary
3
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