HomeMy WebLinkAbout20241067.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0042, FOR AN OIL AND GAS SUPPORT FACILITY (COMPRESSED
NATURAL GAS [CNG] STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT
MICHAEL BOULTER FARMS, LLC, C/O LIBERTY POWER INNOVATIONS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of
May, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Michael Boulter Farms, LLC, 22019 County Road 54, Greeley, Colorado 80631,
do Liberty Power Innovations, LLC, 110 S. Paige Avenue, Box 314, Glendo, Wyoming 82213, for
a Site Specific Development Plan and Use by Special Review Permit, USR23-0042, for an Oil
and Gas Support Facility (Compressed Natural Gas [CNG] Station) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of 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
WHEREAS, at said hearing on May 8, 2023, the Board heard all of the testimony and
statements of those present and reviewed the request of the applicant for a continuance and,
having been fully informed, deemed it advisable to continue the matter to June 12, 2024, at
10:00 a.m., to allow the applicant adequate time to perform a Traffic Impact Study and for the
Department of Planning Services — Development Review to evaluate it, and
WHEREAS, on June 12, 2024, the applicant was represented by Richard Bradsby, Liberty
Power Innovations, LLC, 950 17th Street, Suite 2400, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
c. :Q4.(ERIIAN/CG/DA/kR/Kv.,), CA(w ), ASR(5G),
APPL •, APPL. REP.
07/30/24
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1
Section 22-2-30.C states: "Harmonize development with
surrounding land uses."
2) Section 22-2-30.C.1 states: "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, a bed and breakfast, events center and a contractor
business, permitted under USR12-0032). A Landscape and
Screening Plan (a wall or fence and berm along the west side of the
facility) is required.
3) Section 22-2-60.B states: "Support responsible energy and mineral
development." The application states 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).
4) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exist 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 along with triggers
for future improvements associated with the site access onto
County Road 50 is required.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and 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." The
proposed USR will support energy development and is in the vicinity
of multiple energy development operations.
C. Section 23-2-230.6.3 — 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
(2MJUSR18-12-1792). There are also multiple natural gas lines that are
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greater than ten (10) or 12 inches (USR11-0016, USR13-0064,
1MUSR16-13-0005, 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-AMD24-0018 and WOGLA18-0078), for up to ten (10)
wells, 21 oil tanks and related equipment, is located 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, an events center, a
septic/cement contractor, and a storage building business, approved under
USR12-0032. The edge of the operating area for the proposed facility is
approximately 600 feet from the property line of this property.
Staff received a letter from the property owners at 24081 County Road 50,
Virtus and Amy Banowetz, dated January 22, 2024. The letter expressed
frustration with previous oil and gas operations that had been approved and
constructed, specifically, the O'Connor Gas Plant, 2MJUSR18-12-1792, in
regard to visual and noise issues. They 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 the
proposed facility will have additional visual and noise impacts. They are
requesting 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
Banowetzs 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 the
Banowetz property. This letter outlining these requests was provided to the
applicant on January 29, 2024.
An Acoustic Analysis was provided with the application and a revised
Acoustic Analysis was provided prior to the Board of County
Commissioners hearing. The site is required to comply with Commercial
Noise Limits, per the attached Development Standards.
At the Banowetz's request, the applicants met onsite with them, on
February 29, 2024, to discuss the proposed operation. The applicant
indicated they investigated various options to address view shed concerns,
and are committed to reducing said concerns by working with the
Banowetzs to schedule around event center dates, and adjusting traffic,
when feasible. The applicant stated they will have additional discussions
with the Banowetzs and indicated no changes to the site layout, submitted
with the application, are proposed at this time.
The Conditions of Approval require the applicant submit an Emergency
Action and Safety Plan, an Improvements and Road Maintenance
Agreement with future triggered improvements, and an amended
Landscaping/Screening Plan. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
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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, Conditions of Approval, and Development Standards
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.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 (CPA) area of the Town of Kersey,
but 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 the referral dated January 2, 2024. The site is 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 23-2-230.B.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 1-25
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, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — 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 23-2-230.6.7 — There are 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 the health, safety, and welfare of the
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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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Michael Boulter Farms, LLC, do Liberty Power
Innovations, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0042, for an Oil and Gas Support Facility (Compressed Natural Gas [CNG] Station) in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement with future triggered
improvements is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes.
The future triggered improvements are associated with the intersection of
the site access onto County Road 50.
B. 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 adjacent property owners, in regard
to scheduling around event center dates.
C. 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.
D. The applicant shall address the requirements of the Weld County
Department of Emergency Management, as stated in the referral response
dated January 2, 2024. Written evidence of such shall be provided to the
Department of Planning Services.
E. The applicant shall submit an updated Landscaping and Screening Plan.
The Landscaping and Screening 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 and shall also include solid screening (a wall
or fence) and a landscape berm, along the western side of the operations
area.
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F. 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.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0042.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscaping and screening, in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting, in accordance with the
approved Lighting Plan.
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.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) The applicant shall show and label all recorded easements, and
rights -of -way shall be delineated on the map, by book and page
number or Reception number.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
11) Pursuant to C.R.S. §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
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of right-of-way, or 180 feet of right-of-way in some locations.
Contact the Department of 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 Weld County Code Section 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained
by Weld County.
12) The applicant shall show and label the approved access location
onto County Road 50, the appropriate access width, and the
appropriate turning radii, on the site plan. Show all access points
associated with the parcel and include a label for the access type
(e.g., Oil and Gas).
13) The applicant shall show and label the approved tracking control on
the site plan.
14) The applicant shall 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.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall 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.
17) The applicant shall show and label the drainage flow arrows.
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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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 three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. Due to the proximity 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.
B. 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.
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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: d,:t44)
C <
Weld County Clerk to the Board
BY:
bdomack
Deputy Clerk to the Board
AP' '4e VED
County A torney �, l
Date of signature: IZ e .
WELD COUNTY, C
aine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL BOULTER FARMS, LLC,
CIO LIBERTY POWER INNOVATIONS, LLC
USR23-0042
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0042, is 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.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The hours of operation are 24 hours a day, 7 days a week, 365 days a year.
5. The number of on -site employees shall be up to two (2) at any one time, as stated in the
application materials.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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.
9. The property owner shall maintain compliance with the Decommission Plan and
Communication Plan.
10. The property owner or operator shall provide written evidence to the Department of
Planning Services of an approved Emergency Action and Safety Plan, to the Department
of Planning Services, on, or before, March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management.
11. This site is located within the Airport Overlay District.
12. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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14. Any work that may occupy and/or encroach upon any County right-of-way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement with future triggered improvements.
17. The Improvements and Road Maintenance Agreement with future triggered improvements
for this site may be reviewed on an annual basis, including a site visit and possible
updates.
18. Weld County is not responsible for the maintenance of on -site drainage related features.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. 30 -20- 100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
22. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I of the Weld County Code, and the
accepted Waste Handling Plan.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
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 onsite for less than
two (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.
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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.
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.
28. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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.
30. The facility shall adhere to the maximum permissible noise level of 65 decibels, 24 hours
per day. Noise levels shall be measured 25 feet from the property line. The facility shall
comply with the accepted Acoustics Analysis.
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.
32. A Spill Prevention, Control, and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite, as applicable.
33. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
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.
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
USR permit shall expire upon conveyance of the facility to a new operator.
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
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private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
38. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
and 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
39. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
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.
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.
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.
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.
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
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DEVELOPMENT STANDARDS (USR23-0042) - MICHAEL BOULTER FARMS, LLC,
C/O LIBERTY POWER INNOVATIONS, LLC
PAGE 5
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 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. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2024-1067
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