HomeMy WebLinkAbout20200095.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION - , p
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, 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: USR19-0056
APPLICANT: TOMORA LLC, C/O HUNTING TITAN, INC.
PLANNER: MAX NADER
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(EXPLOSIVE STORAGE MAGAZINES) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX19-0016, BEING PART OF THE SE4 SECTION
14, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO 24TH STREET: APPROXIMATELY 0.5 MILES
EAST OF HIGHWAY 257.
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 22-5-100.A.2 - OG.Policy 1. 2 states: "Oil and gas support facilities which do not rely on geology for
locations should locate in commercial and industrial areas, when possible, and should be subject to review in
accordance with the appropriate sections of this Code. "
The proposed oil and gas support facility is an explosive storage facility, which must be located away from
existing buildings and roadways. Given this requirement, the applicant is attempting to locate the facility as close
as possible to the existing Hunting Titan warehouse facility, which is located to the northwest. The warehouse is
located in a commercial and industrial business park and is the closest developed land use in the area.
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 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 code section allows the applicant to apply for a Use by Special Review permit for the subject
explosive magazine facility, which is related to energy development and is more intense than Uses Allowed by
Right.
Section 23-3-40.W, — Uses by special review, of the Weld County Code states, "Oil and gas support and
service." This code section allows the applicant to apply for the explosive storage magazine facility. The
explosives and associated articles are used in the down-hole hydraulic fracturing process, which is part of oil and
gas extraction.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land
uses.
The adjacent lands consist of the High Pointe Business Park, which contains industrial and commercial
uses, farmland, vacant land, and ongoing oil and gas activity. The USR will be located on a pending
Subdivision Exemption lot and is surrounded by the remaining southeast quarter section. The property
owner, Tomora: LLC, also owns the adjacent northeast quarter section. The parent parcel is located within
an unincorporated Weld County enclave, surrounded by lands annexed into the City of Greeley, and is made
up of three (3) contiguous quarter sections. The proposed explosive magazines will be located in a field and
is over one-half (1 /2) mile from a public roadway. The small facility will have minimal impact and the will be
compatible with the area. No surrounding properties will be impacted by this use and it will not cause any
RESOLUTION USR19-0056
TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 2
nuisances.
The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners
within 500 feet of the proposed USR boundary. No written responses were received. One (1 ) phone call was
received with general questions.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
This site is located within the three (3) mile referral radius of the City of Evans, City of Greeley, Town of
Milliken, and Town of Windsor. Greeley returned a referral dated November 21 , 2019, which included
advisory comments and site design guidelines. Windsor and Evans returned referrals dated October 28, and
November 5, 2019 respectively and stated no concerns. No referral response was received from Milliken.
The site is located within the Coordinated Planning Agreement (CPA) boundaries of Evans, Milliken and
Windsor. Evans and Milliken returned signed Notice of Inquiry (NOI) forms dated February 21 and February
20, 2019 respectively. Windsor returned a response to the NOI via email dated February 4, 2019. All three
(3) municipalities stated no concerns and/or no annexation interest. A portion of the parent parcel is located
within the Greeley Urban Growth Boundary (UGB). The applicant notified Greeley of the proposal during the
pre-application. Greeley provided comments dated February 21 , 2019, regarding site security, screening,
ecology and the floodplain. The site is not located within Regional Urbanization Area (RUA).
E. Section 23-2-220.A. 5 -- That the application complies with Articles V and XI of this Chapter if the proposal is
located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the
county.
A portion of the parent parcel is located within a FEMA Special Flood Hazard Area. The pending Subdivision
Exemption lot and USR site are not located in the Floodplain. The Department of Planning Services - Floodplain
referral dated September 7, 2019, detailed map items and Development Standards, which have been
incorporated into the Resolution. The property is not located within the A-P (Airport) Overlay District, Geologic
Hazard Overlay District, or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program, 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 site is designated as "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The proposed USR will not remove any agricultural land from production. The subject USR will be
located on a pending one (1 ) acre Subdivision Exemption lot that is not suitable for agricultural production given
the small lot size. Upon the time the explosive magazines are removed from the site, the area may be farmed
again, as part of the larger parent parcel, which contains a mix of "Irrigated Land (Not Prime)", "High Potential
Dry Cropland - Prime if they Become Irrigated", "Prime if they Become Irrigated" and "Other Land" designations
per the same 1979 Map.
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.
The Weld County Environmental Health and Weld County Public Works referrals, dated September 12 and
September 15, 2019, provide additional background and advisory information regarding designing and
operating the site in conformance with the interests of the County, public and other governmental agencies.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
RESOLUTION USR19-0056
TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 3
1 . Prior to recording the map:
A. SUBX19-0016 shall be recorded prior to USR19-0056. (Department of Planning Services)
B. The applicant shall attempt to address the requirements of the City of Greeley, as stated in the referral response
dated November 21 , 2019, regarding screening, security, easements and fire considerations. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
C. The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR19-0056. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning
Services)
4) Show and label the location of proposed explosive magazines and any other proposed improvements
including the extent of the gravel area. (Department of Planning Services)
5) Show and label the location of Subdivision Exemption SUBX19-0016 boundary for reference.
(Department of Planning Services)
6) Show and label the location of the 30-foot-wide joint access and utility easement extending across the
parent parcel from 24th Street, for the benefit of the Subdivision Exemption lot, as dedicated on the
SUBX19-0016 plat map. (Department of Planning Services)
7) Show and label the location of the emergency signage. Include a drawing and dimensions of the sign on
the USR map. Signs shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A. 12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
8) Show and label the location of the security fence and gate, if applicable. (Department of Planning
Services)
9) Show and label the location of the employee gravel parking area, if applicable. (Department of Planning
Services)
10) Show and label the location of the trash collection area, if applicable. Section 23-3-250.A.6. of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning Services)
11 ) Show and label any lighting, if applicable. All lighting shall be downcast and shielded so that light rays will
not shine directly onto adjacent properties. (Department of Planning Services)
12) Show and label the setback radiuses for existing oil and gas tank batteries and wellheads, if applicable.
Setback requirements are located in Section 23-3-50.E of the Weld County Code. (Department of
Planning Services)
13) Show and label all recorded easements and rights-of-way on the map by book and page number or
reception number. (Department of Planning Services)
14) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning
Services - Floodplain)
15) The portions of County Roads 23 and 56 adjacent to the site are under the jurisdiction of the City of Greeley.
Please contact the municipality to verify the rights-of-way. Show and label the rights-of-way and the
approved access on the site plan. Provide the approved access permit number if applicable. (Department
of Public Works)
16) 24th Street is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label
with the approved access permit number if applicable. (Department of Public Works)
17) Show and label the drainage flow arrows. (Department of Public Works)
RESOLUTION USR19-0056
TOMORA LLC, 0/O HUNTING TITAN, INC.
PAGE 4
18) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the
property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1 ) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required as
Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services - Floodplain)
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency
Management and the Windsor-Severance 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 Weld County Department of Planning Services. (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. (Department of Planning
Services)
Motion seconded by Gene Stille.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR19-0056
TOMORA LLC, C/O HUNTING TITAN, INC.
PAGE 5
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 December 17, 2019.
Dated the 17th of December, 2019
41)\-1:46an& 414442-net,
Kristine Ranslem
Secretary
RESOLUTION USR19-0056
TOMORA LLC, 0/O HUNTING TITAN, INC.
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hunting Titan, Inc.
USR19-0056
1 . A Site Specific Development Plan and Use by Special Review Permit, USR19-0056, for an Oil and Gas Support and
Service Facility (explosive storage magazines) 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. This is an unmanned facility. Employees will only temporarily access the site to store and retrieve explosive articles.
No other operations or activities are permitted. No outdoor storage is permitted. (Department of Planning Services)
4. The operator shall notify the Department of Planning Services when the explosive storage magazine facility is
decommissioned or removed from the property. (Department of Planning Services)
5. The facility shall adhere to the best management practices of the Institute for Makers of Explosives (IME).
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code. (Department of Planning Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on
or before March 151 th of any given year signed by representatives of the Fire District and the Weld County Office of
Emergency Management to the Department of Planning Services. (Department of Planning Services)
8. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or
floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C-
1513E effective date January 20, 2016 (Sheep Draw Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations
for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures. mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services - Floodplain)
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities,
the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of
Planning Services - Floodplain)
10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15,
Article I and II, of the Weld County Code. (Department of Public Works)
11 . Maintenance of unmaintained County right-of-way will not be the responsibility of Weld County. (Department of Public
Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works)
13. 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)
14. 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)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate
emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code. The accepted waste handling plan shall be adhered to. (Department
of Public Health and Environment)
RESOLUTION USR19-0056
TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 7
16. 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)
17. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time employees on
site, 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)
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all times. The
Hunting Titan office/warehouse located in the High Pointe Business Park can be utilized for sanitary accommodations
providing the property is owned or rented by the applicant. Otherwise a portable toilet is required for this facility.
(Department of Public Health and Environment)
19. The operation shall comply with the Colorado Department of Labor & Employment, Division of Oil and Public Safety
Explosive Regulations (7 C.C. R. 1101 -9) as well as Federal Bureau of Alcohol, Tobacco and Firearms regulations.
(Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld
County Code. (Department of Public Health and Environment)
21 . 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.
(Department of Planning Services)
22. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of
the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall
conform to the requirements of the various codes adopted at the time of permit application. Currently the following
has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006
International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review
shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection)
23. 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.
24. 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.
25. 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.
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral
resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado
Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to
the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners
should be afforded the opportunity to extract the mineral resource.
RESOLUTION USR19-0056
TOMORA LLC, 0/O HUNTING TITAN, INC.
PAGE 8
27. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with
long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site
impacts, including noise from tractors and equipment: slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch
burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and
the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for
agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural
operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C. R.S. , provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices
that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches
and reservoirs may simply be moved "out of the way" of residential development. When moving to the County,
property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures,
unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the
State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances which must be traveled may
delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, 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.
ItrrIn 0fieS
EXHIBIT
2- 11 -1 ) 19
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 17, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 1 :33 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch,
Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Mike McRoberts and Zackery Roberson, Public Works; Bob
Choate and Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR19-0056
APPLICANT: TOMORA LLC, C/O HUNTING TITAN, INC.
PLANNER: MAX NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(EXPLOSIVE STORAGE MAGAZINES) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX19-0016, BEING PART OF THE SE4
SECTION 14, T5N, R67W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO 24TH STREET; APPROXIMATELY 0.5 MILES
EAST OF HIGHWAY 257.
Maxwell Nader, Planning Services, presented Case USR19-0056, reading the recommendation and
comments into the record . Mr. Nader said that one (1 ) phone call was received with general questions of
the proposed project. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Joe Murphy, Hunting Titan, 16825 Northchase Drive, Houston Texas, stated that this site will be used for
explosive storage magazines. He said that it is similar to a shipping container with one door to walk in and
place the items on shelves inside and they meet ATF regulations with a steel exterior and hard wood
enforced on the inside. Mr. Murphy said that the warehouse currently in operation is located in an industrial
park and added that they don't have the distance between inhabited buildings and roadways to put
magazines on the site; therefore, they are proposing this site that will provide that safe distance according
to ATF regulations to the roadways, railways and other inhabited buildings.
Commissioner Ford asked if there are any security issues with these types of facilities. Mr. Murphy replied
no and added that ATF requires 2 locks on the magazines; however, IME (Institute of Makers of Explosives)
set the standard of how they operate. Mr. Murphy added that there is no fencing requirements and it is not
possible to get into the magazines.
Commissioner Beck referred to the safe distance requirements and asked if it is their responsibility to move
if a subdivision was to develop around them. Mr. Murphy said that it would be on them to move to another
location if the surrounding area was developed.
Commissioner Cope asked how far away these facilities need to be from roadways. Mr. Murphy said it
depends on the weight and added that for this project they have set 6000 pounds and must be 1200 feet
away from a road and 1400 feet from inhabited buildings.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 USR19-0056 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 Elijah Hatch, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson , Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland ,
Tom Cope.
Meeting adjourned at 4: 30 pm.
Respectfully submitted,
43\.ibant tqat•laWn,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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