HomeMy WebLinkAbout20241080.tiffHEARING CERTIFICATION
DOCKET NO. 2024-16.B
RE: 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 -
MICHAEL BOULTER FARMS, LLC, C/O LIBERTY POWER INNOVATIONS, LLC
A public hearing was conducted on June 12, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Ryan Fernandez
The following business was transacted:
I hereby certify that pursuant to a notice dated March 12, 2024, and duly published March 15,
2024, in the Greeley Tribune, a public hearing was conducted on May 8, 2024, to consider the
request of Michael Boulter Farms, LLC, c/o 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. At said
hearing the Board continued the matter to June 12, 2024, to allow time for the Traffic Study to be
completed. Karin McDougal, Deputy County Attorney, made this a matter of record.
fi Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, provided the site's general location, mentioned 16 referrals were sent out and four (4)
agencies returned responses. He relayed the subject site is on the eastern side of a 27 -acre
parcel, provided the number of employees, and stated portable toilets and bottled water are
required on the site. He referenced the revised traffic assessment, provided the hours of operation
and traffic counts in the area, outlined the on -site equipment, mentioned there was a revised
Noise Study and described the surrounding USRs. Mr. Gathman mentioned one (1) letter of
correspondence was received from a surrounding property owner (SPO) who expressed concerns
about visual and noise impacts and relayed the applicants had since met with said SPOs multiple
times to address their concerns. He outlined the requirements for landscaping and screening as
well as the noise limitations, and mentioned the site is within the three (3) mile referral area and
the Coordinated Planning Agreement (CPA) area of the Town of Kersey. He stated the Town of
Kersey's Future Land Use Map identifies the area of the site as "undetermined," and relayed that
although the site is in an Airport Overlay District, a referral response was not received from the
Greeley/Weld County Airport. He displayed images of the site and surrounding views.
Cc: PL (ER/MN/ c6/DA/KR/MW)
07/30/A4
2024-1080
PL2930
HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, CIO LIBERTY POWER
INNOVATIONS, LLC (USR23-0042)
PAGE 2
Ryan Fernandez, Department of Public Health and Environment, stated because there will
only be two (2) employees onsite, portable toilets and bottled water are acceptable. He discussed
the findings of the new Noise Study and suggested revised language for Development Standard
(DS) #30 (permissible noise level) that reads, "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."
Richard Bradsby, Liberty Power Innovations, LLC, represented the applicant and confirmed
for Chair Ross, that he had not had contact with any of the Commissioners regarding this case.
Mr. Bradsby displayed a PowerPoint presentation (Exhibit H) and described Liberty Energy as a
company, the need for a CNG terminal in the proposed area and the location siting criteria. He
discussed the collaboration efforts with the Banowetzs (SPOs) and provided details of the
mitigation efforts Liberty committed to. He described the noise mitigation they plan to implement,
including low noise fans and high quality insulation, outlined the proposed visual and traffic
abatement measures, and described the on -site lighting as minimal and downcast.
Commissioner Buck expressed her appreciation for the applicant's extensive mitigation efforts.
El Mr. Gathman shared, per the Development Review staff, the applicant will use the existing,
shared, permitted access onto County Road (CR) 50. He referenced the accepted Traffic Report,
provided the number of roundtrips per day, and described the haul route as west on County
Road (CR) 50 to access onto CR 49. He stated Development Review is requesting an
Improvements and Road Maintenance Agreement with future triggered improvements and noted
a Final Drainage Report and Certificate of Compliance had been received.
Amy and Virtus Banowetz, SPOs, confirmed the collaboration efforts with Liberty Power
Innovations, LLC, and stated they are satisfied with the outcome of the proposed mitigation and
abatement measures.
El The Board discussed, and agreed to the change DS #30 proposed by Environmental Health.
Mike McRoberts, Development Review, mentioned the proposed changes, regarding the
Improvements and Road Maintenance Agreement with future triggered improvements, and the
Board agreed to add language to Condition of Approval (COA) #1.A, DS #16 and DS #17, to
reflect such, and delete COA #1.B, as the Final Traffic Report had already been received. The
Department of Public Health and Environment also recommended deleting COA #5.A (noise
limits) and the Board agreed to all of the aforementioned changes.
El In response to Chair Ross, Mr. Bradsby indicated he had, on behalf of the applicant, reviewed,
and agreed to abide by, the Conditions of Approval and Development Standards, as amended.
El No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
El Commissioner Buck moved to approve the request of Michael Boulter Farms, LLC,
c/o Liberty Power Innovations, LLC, for a Site Specific Development Plan and Use by Special
2024-1080
PL2930
HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, C/O LIBERTY POWER
INNOVATIONS, LLC (USR23-0042)
PAGE 3
Review Permit, USR24-0042, for an Oil and Gas Support Facility (Compressed Natural Gas
[CNG] Station) in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards,
as amended. The motion was seconded by Commissioner Saine, and it carried unanimously.
Commissioner Saine thanked Liberty Power Innovations, LLC, for their efforts in working with the
SPOs, Chair Ross echoed her sentiments, and the hearing was completed at 11:29 a.m.
This Certification was approved on the 26th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CCOLO
ATTEST: m J v `4,if f4
Weld County Clerk to the Board
Deputy Clerk to the Board
Lori Saine
2024-1080
PL2930
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