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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
Case Number: USR19-0056
Owner: Tomora, LLC c/o Steven T. Roach
1130 50'" Avenue, Greeley, CO 80634
Hearing Date: December 17, 2019
Applicant: Hunting Titan, Inc. do Joseph Murphy, Compliance Manager Hazardous Materials
16825 Northchase Drive, Suite 600, Houston, TX 77060
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 Subdivision Exemption SUBX19-0016; being a part of the SE4 of Section 14, T5N,
Description: R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to 24th Street; approximately 0.5 miles east of Highway 257
Size of Parcel: + 1 acre net Parcel No. 0957-14-0-00-032
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
City of Greeley, referral dated November 21, 2019
Y Weld County Department of Public Works, referral dated September 15, 2019
Y Weld County Department of Planning Services - Floodplain, referral dated September 7, 2019
Y Weld County Department of Public Health and Environment, referral dated September 12, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V
City of Evans, referral dated November 5, 2019
Town of Windsor, referral dated October 28, 2019
Colorado Parks and Wildlife, referral dated August 21, 2019
Weld County Sheriff's Office, referral dated September 3, 2019
Weld County Zoning Compliance, referral dated August 21, 2019
West Greeley Conservation District, referral dated September 9, 2019
Colorado Department of Transportation, referral dated August 21, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V
Town of Milliken
Weld County Assessor's Office
Windsor -Severance Fire Rescue
Weld County Office of Emergency Management
United States Bureau of Alcohol, Tobacco, Firearms and Explosives
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Page 1 of 11
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
Case Number: USR19-0056
Owner: Tomora, LLC c/o Steven T. Roach
1130 50'" Avenue, Greeley, CO 80634
Hearing Date: December 17, 2019
Applicant: Hunting Titan, Inc. do Joseph Murphy, Compliance Manager Hazardous Materials
16825 Northchase Drive, Suite 600, Houston, TX 77060
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 Subdivision Exemption SUBX19-0016; being a part of the SE4 of Section 14, T5N,
Description: R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to 24th Street; approximately 0.5 miles east of Highway 257
Size of Parcel: + 1 acre net Parcel No. 0957-14-0-00-032
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support and Service Facility, specifically explosive storage magazines. The USR will be
located on an approximately one (1) acre temporary leasehold lot, permitted by pending Subdivision
Exemption, SUBX19-0016, conditionally approved by the Department of Planning Services on October
17, 2019. The storage of commercial explosives articles will be located in four (4) Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) approved explosive storage magazines, which are
approximately eight -feet (8') in height by twenty -feet (20') in length by eight -feet (8') in width. The locked
magazines will be organized based on product type and size limitations with a maximum storage of 6,000
pounds each. The magazines will store shaped charges, detonators, and detonator cord, which are
purchased and utilized by oil and gas companies conducting hydraulic fracturing, as part of the down -hole
process for oil and gas production. Hunting Titan operates fourteen (14) similar licensed ATF explosive
storage facilities in the United States and is a member of the Institute for Makers of Explosives (IME).
All explosive articles are in packaged boxes when received from the Hunting Titan manufacturing facility
in Texas. They are stored in the original marked packaging and never opened, per ATF regulations and
Hunting Titan policy. No operations occur at the storage site other than placing the packages into the
magazine for storage and then removing packages from the magazine when sold to a customer. No work
or modifications to explosives occur. No storage or stockpile of wastes, chemicals, and/or petroleum will
occur. No outdoor storage will occur.
Hunting Titan has an existing office and warehouse facility, located at Lot 2, Block 2 of the High Pointe
Business Park, which is approximately one (1) mile northwest of the proposed magazine facility, and is
located within Greeley municipal limits. This warehouse is not a part of the subject USR. Four (4)
employees work at the warehouse. Per ATF regulations, the explosives cannot be stored at the
warehouse as there is a minimum distance required from inhabited buildings, roads and railways, thus the
need for the explosive magazine storage facility. As needed, warehouse employees will drive to the
magazine facility to store and retrieve explosive articles for customers. No public access will occur at the
magazine facility. The magazine facility is unmanned and no water source or sewage disposal source is
proposed. No employees will be located on -site, and no other activity occurs on -site. The normal hours of
USR19-0056 — Hunting Titan, Inc.
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operation for the Hunting Titan warehouse is 7:00 am to 7:00 pm, Monday through Friday. Similar hours
of operations can be expected at the magazine facility and employees will make between one (1) and five
(5) trips to the magazine facility during normal business hours. The applicant notes that a designated
employee is on -call 24 hours a day, 7 days a week and the magazine facility would be accessible by the
employee, if needed based on customer demand.
The site is accessed from State Highway 257, then approximately one-half (1/2) mile east on 24th Street,
which runs along the south edge of the High Pointe Business Park. 24th Street is paved and is a dead-
end. This roadway is owned and maintained by the City of Greeley. At the gated east end of 24th Street, a
dirt access road extends south across the parent parcel, being the southeast quarter section, and
provides access to the subject USR and Subdivision Exemption lot via an easement as dedicated on the
SUBX19-0016 plat map. Hunting Titan possess a Transportation Security Plan, which is required by the
United States Department of Transportation (US DOT) Pipeline and Hazardous Materials Safety
Administration (PHMSA).
The explosive magazines will be located on a flat graded and improved gravel surface. Emergency
signage will conform to the Weld County Sign Code and will provide fire -fighting recommendations and an
emergency contact phone number that will be answered 24 hours a day, 7 days a week. The sign will be
freestanding and will not be visible from any road or to the general public. The ATF does not have any
fencing, screening, or site security requirements. No fencing is proposed by the applicant.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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.
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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 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.
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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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
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)
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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)
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)
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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 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)
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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 151th 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)
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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)
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
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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.
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.
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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, sand burs, 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.
USR19-0056 — Hunting Titan, Inc.
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November 07, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
MURPHY JOE
16825 NORTHCHASE RD STE 600
HOUSTON, TX 77060
Subject: USR19-0056 - 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.
On parcel(s) of land described as:
SUBX19-0016, BEING PART OF SE4 SECTION 14, T5N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 17, 2019, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 8, 2020 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Resp�Ntfully,
///
Michael Hall
Planner
August 20, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
JOE MURPHY
HUNTING TITAN INC
16825 NORTHCHASE ROAD SUITE 600
HOUSTON, TX 77060
Subject: USR19-0056 - 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.
On parcel(s) of land described as:
22570-A SE4 SECTION 14 T5N R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 12/4/2019
Planner: Michael Hall Hearing Date: December 17, 2019
Case Number: USR19-0056
Owner: Tomora, LLC do Steven T. Roach
1130 50th Avenue, Greeley, CO 80634
Applicant: Hunting Titan, Inc. do Joseph Murphy, Compliance Manager Hazardous Materials
16825 Northchase Drive, Suite 600, Houston, TX 77060
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 a part of the SE4 of Section 14, T5N, R67W
of the 6th P.M., Weld County, CO
Location: South of and adjacent to 24th Street; approximately 0.5 miles east of Highway 257
Size of Parcel: + 1 acre net
Parcel No. 0957-14-0-00-032
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / High Pointe Business Park
E
City of Greeley
E
Agricultural
S
City of Greeley
S
Agricultural
W
A (Agricultural)
W
Agricultural / High Pointe Business Park
COMMENTS:
The parent parcel is located at the eastern dead end of 241h Street (paved). Access to the SUBX lot and
USR site will be on a gravel easement road, south and then east across the parent parcel. There are
several oil and gas facilities on the parent parcel. There are no other improvements. The parcel slopes to
the south and east. The explosive magazine facility will be located in a low spot on the property that will
be difficult to see from surrounding properties and from Highway 257.
Michael Hall, Planner
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