HomeMy WebLinkAbout20180028.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0059, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING
FACILITY), TRANSLOADING AND MORE THAN ONE (1) CARGO CONTAINER IN THE
A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, 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 17th day of
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas, TX
75230, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0059,
for Mineral Resource Development Facilities, Oil and Gas Support and Service (Cryogenic
Natural Gas Processing facility), Transloading and more than one (1) cargo container in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX17-0168; being
part of the SE1/4 and E1/2 SW1/4 of Section 11,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. In accordance with Section 23-2-230.B.1, the Applicant has the burden to
demonstrate, "That the proposal is consistent with in Chapter 22 and any
other applicable code provisions or ordinances in effect."
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change," and Section 22-2-20.G.2 (A.Policy 7.2) states,
"Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the
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subject site is in an area that can support such development, and
should attempt to be compatible with the region."
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development."
3) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses," and Section 22-2-20.1.3
(A.Policy 9.3) states: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such
as but not limited to clustered development and building envelopes,
to minimize impacts on surrounding agricultural land." The land that
Discovery DJ Services, LLC, is proposing to utilize for the gas
processing plant consists of dryland grasses located in a semi -rural
area where there is a significant amount of oil and gas activity
already occurring.
4) Section 22-5-100.B (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources," and Section 22-5-100.6 (OG.Goal 2) states, "Ensure
that the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land use."
The Board finds that the proposal is consistent with the above listed
Goals and Policies and in support, finds as follows: The applicant
has demonstrated the ability to ensure compatibility through the
Landscaping and Screening Plan, Noise Mitigation Plan, Lighting
Plan to include adhering to the dark sky regulations at night,
Communications Plan and preserving the 80 -acre buffer with no
further surface development. Additionally, the proposed Discovery
Gas Plant II is located within a 138 -acre area. To the east is the
Buffalo Ridge Estates residential development, and there is limited
residential development on Recorded Exemption parcels to the
west. To the north is B.O.S.S. Compost (USR-1190) and to the
south is the Kerr-McGee OnShore LP, Duggan Compressor Station
(2ndAmUSR-468) and microwave communication towers, to the
west is the Fort Lupton Gas Plant I (USR16-0031). Numerous well
heads and tank batteries populate the south boundary line of this
parcel and all new facilities are operated by Kerr-McGee, LP. New
inbound pipelines, (USR16-0028, USR17-0032) will bring the
natural gas to the plant, process the gas and transfer the product to
an outbound pipeline to market. While construction of the site will
generate some impacts because of the extra activity and trips to the
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site, once the plant is constructed and fully operational limited truck
traffic will be present from the facility.
B. In accordance with Section 23-2-230.B.2, the Applicant has the burden to
demonstrate, "The proposed use is consistent with the intent of the
A (Agricultural) Zone District."Citing the Weld County Code, Section 23-3-
10 which states, in part: "The A (Agricultural) Zone District is also intended
to provide areas for the conduct of USES by Special Review which have
been determined to be more intense or to have a potentially greater impact
than USES Allowed by Right." Section 23-3-40.A.2 provides for a Site
Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development facilities, Oil and Gas Support and Service, Natural
Gas Processing facilities for the processing of natural gas products, and
related equipment and structures, metering equipment for the custody
transfer of gas, natural gas liquids (NGLs) and condensate; Section 23-3-
40.A.7 for Transloading; Section 23-3-40.S for outdoor equipment and
materials storage yard and Section 23-3-30.BB for more than one cargo
container in the A (Agricultural) Zone District. The Board finds that the
proposal is consistent with Section 23-2-230.B.2 and in support, finds as
follows: The proposed use is necessary to ensure the oil and gas uses
which are allowed by right can be delivered to market.
C. In accordance with Section 23-2-230.B.3, the Applicant has the burden to
demonstrate, "The uses which will be permitted will be compatible with the
existing surrounding land uses." The Board finds that the proposal is
consistent with Section 23-2-230.B.3 and in support, finds as follows: The
proposed gas plant facility and surrounding areas are in dryland grasses
and oil and gas encumbrances. As previously stated, the gas plant facility
is located within a 138 -acre area of land near the Buffalo Ridge Estates
residential subdivision. There is an 80 -acre parcel of land adjacent to the
east property line of the proposed gas plant with the nearest residence
being about 1,200 feet to the southwest on County Road 10. The
Department of Planning Services has received 64 (and counting) letters
from area residents located predominately to the east of the proposed
facility within the Buffalo Ridge Estates Subdivision. The primary concerns
raised include the industrialization of the adjacent parcel of land, the size
of the new facility, the number of pipelines coming into and leaving the
facility, the hours of operation, the number of trucks on area roads, the new
view to the west, the lower of property values, issues of noise and dust
pollution, safety concerns, and general opposition to any expansion on site.
In response, the applicant has demonstrated they are willing to go above
and beyond to ensure the views of the mountains are protected, while
addressing visual mitigation of the plant with the Landscaping and
Screening Plan in coordination with the CSU Extension Agent to ensure
proper plantings that are sustainable in the area, although it will take some
time for the trees to grow. Water will be provided for irrigation, but if the
trees die, the applicant has to replace them. The applicant testified that the
Lighting Plan stipulates they will not have lights on at night, for the most
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part, which further addresses compatibility. The proposed Communications
Plan demonstrates a willingness to continue to work with the neighborhood.
The Noise Mitigation Plan was very thorough with acoustical control
devices and the applicant has agreed to adhere to the Residential noise
limit. Furthermore, the applicant has a zero -incident record regarding no
Notices of Violation (NOV) on Air Permits which are monitored by the State
and local agencies. The applicant encourages a culture of safety through
the use of SCADA monitoring and shut -down systems, running drills and
working with emergency personnel in the area. They have committed to
sharing the emergency management plan with neighbors, and this all
meets and exceeds the health, safety and welfare requirements. In
summary, the Conditions of Approval and Development Standards are
proposed (Landscape and Screening Plan, Lighting Plan, Communication
Plan, Decommissioning Plan, Noise Mitigation Plan) and will mitigate
concerns with the surrounding land uses.
D. In accordance with Section 23-2-230.B.4, the Applicant has the burden to
demonstrate, '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 Board
finds that the proposal is consistent with Section 23-2-230.B.4 and in
support, finds as follows: The site is located within a three (3) mile referral
area of the Cities of Fort Lupton and Brighton, and Towns of Hudson and
Lochbuie, and is located within an existing Coordinated Planning
Agreement Area (CPA) of the City of Fort Lupton. The City of Fort Lupton
returned a referral dated November 1, 2017, requesting a pre -annexation
agreement be completed, which is included as a Condition of Approval.
The City of Brighton, Town of Hudson and Town of Lochbuie did not
respond.
E. In accordance with Section 23-2-230.B.5, the Applicant has the burden to
demonstrate, 'The application complies with Chapter 23, Article V, of the
Weld County Code." The Board finds that the proposal is consistent with
Section 23-2-230.6.5 and in support, finds as follows: 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. In accordance with Section 23-2-230.B.6, the Applicant has the burden to
demonstrate, 'The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use." The
Board finds that the proposal is consistent with Section 23-2-230.B.6 and
in support, finds as follows: The proposed facility is located on
approximately 138 acres with the property identified as "Other lands," per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. As there is no irrigation water associated with the proposed facility
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and currently no irrigation located on site, no prime agricultural lands will
be taken out of production.
G. In accordance with Section 23-2-230.B.7, the Applicant has the burden to
demonstrate, "There are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
County." The Board finds that the proposal is consistent with Section
23-2-230.B.3 and in support, finds as follows: Discovery has a
zero -incident record regarding no Notices of Violation (NOV) on Air Permits
which are monitored by the State and local agencies. They encourage a
culture of safety through the use of SCADA monitoring and shut -down
systems, running drills and working with emergency personnel in the area.
Additionally, they have committed to sharing the emergency management
plan with neighbors, and 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 the subject facility meets and exceeds the health, safety and welfare
requirements
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Discovery DJ Services, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0059, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Cryogenic Natural Gas Processing
facility), Transloading and more than one (1) cargo container 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 is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services, for review and approval, to mitigate
visual impacts after consultation with the area property owners.
D. The applicant shall develop a Lighting Plan to be submitted to the
Department of Planning Services for review and approval, which shall
require all lights to be turned off during nighttime hours, except for
walkways and as required for emergency maintenance and maintenance
requiring a plant -wide shut down.
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E. The applicant shall develop a Communications Plan which shall be
submitted to the Department of Planning Services for review and approval.
Such Communication Plan shall require community meetings with area
property owners, as well as an online communication process.
F. The applicant shall develop a Decommissioning Plan which shall be
submitted to the Department of Planning Services for review and approval.
G. The applicant shall develop a Noise Mitigation Plan to be submitted to the
Department of Planning Services for review and approval.
H. The applicant shall meet with the City of Fort Lupton, enter into a
Pre -Annexation Agreement, and submit said agreement to the Weld
County Department of Planning Services for inclusion in the file.
If applicable, a Drainage Easement for USR16-0031 may be required.
J. The property owner shall present a signed Mylar for Recorded Exemption,
RECX17-0168, for recording.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0059.
2) The applicant shall amend Recorded Exemption, RECX17-0168,
plat to include the area of the 80 -acre landscape buffer area within
Lot B.
3) The attached Development Standards.
4) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
5) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
6) 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.
7) The lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
8) Setback radiuses for existing oil and gas tank batteries and
wellheads, or plugged and abandoned wellheads, shall be indicated
on the USR map per the setback requirements of Section 23-3-50.E
of the Weld County Code.
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9) All recorded easements and rights -of -way shall be delineated on
the USR map by book and page number or reception number.
10) County Road 35 is a paved road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) County Road 35 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
12) Show and label the section line right-of-way as "CR 35 Section Line
Right -of -Way, not County maintained."
13) County Road 10 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
14) Show and label the section line right-of-way as "CR 10 Section Line
Right -of -Way, not County maintained."
15) 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.
16) Show and label the approved tracking control on the site plan.
17) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
18) Show and label the 30 -foot -wide joint access and utility easement
recorded separately by Reception number associated with
Recorded Exemption, RECX17-0168, extending across a parcel
not associated with this application from County Road 35, for the
benefit of Lot A (Gas Plant I — USR16-0031) and Lot B (Gas Plant
II — USR17-0059) shall be shown on the map.
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19) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume.
20) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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.
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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed.
6. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System Regulations. The septic system is required to be designed
by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations.
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B. The applicant shall submit written evidence of a commercial well to the
Weld County Department of Public Health and Environment.
C. The applicant shall address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated November 11,
2017. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
7. Within one month of operation:
A. 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.
8. The Use by Special Review 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2018.
ATTEST: datieueV v• .aC,1soeti
Weld County Clerk to the Board
BY:
D
uty Clerk to the Board
APPROVED AS,
Cou ty Attorney
Date of signature: 03/0D(18 -
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
> �-L�� (AYE)
Steve Moreno, Chair
1 ,
/Barbara Kirkme er, Pro-Tem /
EXCUSED (at 2:51 p.m.)
Sean P. Conway
Cozad
Mike Freeman
(NAY)
(AYE)
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DISCOVERY DJ SERVICES, LLC
USR17-0059
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0059, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service (Cryogenic
Natural Gas Processing facility), Transloading and more than one (1) cargo container in
the A (Agricultural) Zone District. (Discovery Fort Lupton Gas Plant II), subject to the
Development Standards stated hereon.
2. Any expansion of surface uses related to the processing plant is restricted to the buildable
surface boundaries of the USR.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
4. Number of employees is limited ten (10) persons, as stated by the applicant.
5. The hours of operation are 24 hours a day, seven days a week, as stated by the applicant.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
7. 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, Section 30-20-100.5, C.R.S.
8. 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.
9. 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.
10. 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.
11. 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 the site 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
and shall contain hand sanitizers.
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12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
13. All potentially hazardous chemicals on the site 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.
14. 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 Colorado Oil and Gas
Conservation Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
17. 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.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District as delineated in Section 25-12-103, C.R.S., and comply with the
Noise Mitigation Plan, as approved.
19. The applicant shall maintain compliance with the approved Landscaping/Screening Plan.
Dead or diseased plant material shall be replaced within the next planting season, in
accordance with the approved landscape/screening plan.
20. The applicant shall maintain compliance with the approved Lighting Plan, which shall
require all lights to be turned off during nighttime hours, except for walkways and as
required for emergency maintenance and maintenance requiring a plant -wide shut down.
21. The applicant shall maintain compliance with the approved Communications Plan.
22. The applicant shall maintain compliance with the approved Decommissioning Plan.
23. 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, as applicable.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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25. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
26. 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.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. 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.
30. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
32. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
33. For any hazardous chemical used or stored in the workplace, facilities must maintain
safety data sheets [SDS] and submit the SDS, or a list of chemicals, and the facility's
annual inventory, to the State Emergency Response Commission, the Local Emergency
Planning Committee and the Fire Protection District on or before March 15th of any given
year.
34. 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.
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
36. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical 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.
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DEVELOPMENT STANDARDS (USR17-0059) - DISCOVERY DJ SERVICES, LLC
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37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. 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.
39. 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.
40. 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.
41. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2018-0028
PL2517
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